625 ILCS 5/5-102.8
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 5 - Dealers, Transporters, Wreckers And Rebuilders

Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle dealers.(a) As used in this Section, "Buy Here, Pay Here used vehicle dealer" means any entity that engages in the business of selling or leasing of vehicles and finances the sale or purchase price of the vehicle to a customer without the customer using a third-party lender.(b) No person shall engage in  the business of selling or dealing in, on consignment or otherwise, 5 or  more used vehicles of any make during the year (except rebuilt salvage vehicles  sold by their rebuilders to persons licensed under this Chapter), or act as  an intermediary, agent, or broker for any licensed dealer or vehicle  purchaser (other than as a salesperson) or represent or advertise that he or she  is so engaged or intends to so engage in such business of a Buy Here, Pay Here used vehicle dealer unless licensed to  do so by the Secretary of State under the provisions of this Section.(c) An application for a Buy Here, Pay Here used vehicle dealer's license shall be  filed with the Secretary of State, duly verified by oath, in such form  as the Secretary of State may by rule or regulation prescribe and shall  contain:(1) The name and type of business organization     established and additional places of business, if any, in this State.(2) If the applicant is a corporation, a list of its     officers, directors, and shareholders having a 10% or greater ownership interest in the corporation, setting forth the residence address of each; if the applicant is a sole proprietorship, a partnership, an unincorporated association, a trust, or any similar form of business organization, the names and residence address of the proprietor or of each partner, member, officer, director, trustee, or manager.(3) A statement that the applicant has been approved     for registration under the Retailers' Occupation Tax Act by the Department of Revenue. However, this requirement does not apply to a dealer who is already licensed hereunder with the Secretary of State, and who is merely applying for a renewal of his or her license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that the Department has approved the applicant for registration under the Retailers' Occupation Tax Act.(4) A statement that the applicant has complied with     the appropriate liability insurance requirement.  A Certificate of Insurance in a solvent company authorized to do business in the State of Illinois shall be included with each application covering each location at which he or she proposes to act as a Buy Here, Pay Here used vehicle dealer.  The policy must provide liability coverage in the minimum amounts of $100,000 for bodily injury to, or death of, any person, $300,000 for bodily injury to, or death of, 2 or more persons in any one accident, and $50,000 for damage to property.  Such policy shall expire not sooner than December 31 of the year for which the license was issued or renewed.  The expiration of the insurance policy shall not terminate the liability under the policy arising during the period for which the policy was filed.If the permitted user has a liability insurance     policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one accident, and $50,000 for damage to property, then the permitted user's insurer shall be the primary insurer and the dealer's insurer shall be the secondary insurer. If the permitted user does not have a liability insurance policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one accident, and $50,000 for damage to property, or does not have any insurance at all, then the dealer's insurer shall be the primary insurer and the permitted user's insurer shall be the secondary insurer.When a permitted user is "test driving" a Buy Here,     Pay Here used vehicle dealer's automobile, the Buy Here, Pay Here used vehicle dealer's insurance shall be primary and the permitted user's insurance shall be secondary.As used in this paragraph, "permitted user" means a     person who, with the permission of the Buy Here, Pay Here used vehicle dealer or an employee of the Buy Here, Pay Here used vehicle dealer, drives a vehicle owned and held for sale or lease by the Buy Here, Pay Here used vehicle dealer that the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle. "Permitted user" includes a person who, with the permission of the Buy Here, Pay Here used vehicle dealer, drives a vehicle owned or held for sale or lease by the Buy Here, Pay Here used vehicle dealer for loaner purposes while the user's vehicle is being repaired or evaluated.As used in this paragraph, "test driving" occurs when     a permitted user who, with the permission of the Buy Here, Pay Here used vehicle dealer or an employee of the Buy Here, Pay Here used vehicle dealer, drives a vehicle owned and held for sale or lease by a Buy Here, Pay Here used vehicle dealer that the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle.As used in this paragraph, "loaner purposes" means     when a person who, with the permission of the Buy Here, Pay Here used vehicle dealer, drives a vehicle owned or held for sale or lease by the used vehicle dealer while the user's vehicle is being repaired or evaluated.(5) An application for a Buy Here, Pay Here used     vehicle dealer's license shall be accompanied by the following license fees:(A) $1,000 for the applicant's established place         of business, and $50 for each additional place of business, if any, to which the application pertains; however, if the application is made after June 15 of any year, the license fee shall be $500 for the applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains.  License fees shall be returnable only if the application is denied by the Secretary of State.  Of the money received by the Secretary of State as license fees under this subparagraph, 95% shall be deposited into the General Revenue Fund.(B) Except for dealers selling 25 or fewer         automobiles or as provided in subsection (h) of Section 5-102.7 of this Code,  an Annual Dealer Recovery Fund Fee in the amount of $500 for the applicant's established place of business, and $50 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the fee shall be $250 for the applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains. For a license renewal application, the fee shall be based on the amount of automobiles sold in the past year according to the following formula:(1) $0 for dealers selling 25 or less             automobiles;(2) $150 for dealers selling more than 25 but             less than 200 automobiles;(3) $300 for dealers selling 200 or more             automobiles but less than 300 automobiles; and(4) $500 for dealers selling 300 or more             automobiles.Fees shall be returnable only if the application         is denied by the Secretary of State.  Money received under this subparagraph shall be deposited into the Dealer Recovery Trust Fund. A Buy Here, Pay Here used vehicle dealer shall pay into the Dealer Recovery Trust Fund for every vehicle that is financed, sold, or otherwise transferred to an individual or entity other than the Buy Here, Pay Here used vehicle dealer even if the individual or entity to which the Buy Here, Pay Here used vehicle dealer transfers the vehicle is unable to continue to adhere to the terms of the transaction by the Buy Here, Pay Here used vehicle dealer.(6) A statement that each officer, director,     shareholder having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principal in the business of the applicant has not committed in the past 3 years any one violation as determined in any civil, criminal, or administrative proceedings of any one of the following:(A) the Anti-Theft Laws of this Code;(B) the Certificate of Title Laws of this Code;(C) the Offenses against Registration and         Certificates of Title Laws of this Code;(D) the Dealers, Transporters, Wreckers and         Rebuilders Laws of this Code;(E) Section 21-2 of the Illinois Criminal Code of          1961 or the Criminal Code of 2012, Criminal Trespass to Vehicles; or(F) the Retailers' Occupation Tax Act.(7) A statement that each officer, director,     shareholder having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principal in the business of the applicant has not committed in any calendar year 3 or more violations, as determined in any civil, criminal, or administrative proceedings, of any one or more of the following:(A) the Consumer Finance Act;(B) the Consumer Installment Loan Act;(C) the Retail Installment Sales Act;(D) the Motor Vehicle Retail Installment Sales         Act;(E) the Interest Act;(F) the Illinois Wage Assignment Act;(G) Part 8 of Article XII of the Code of Civil         Procedure; or(H) the Consumer Fraud and Deceptive Business         Practices Act.(8) A statement that, within 10 years of application,       each officer, director, shareholder having a     10% or greater ownership interest therein, proprietor,     partner, member, officer, director, trustee, manager, or     other principal in the business of the applicant has not committed, as determined     in any civil, criminal, or administrative proceeding, in     any calendar year one or more     forcible felonies under the Criminal Code of 1961 or the     Criminal Code of 2012, or a violation of either or both Article 16 or 17 of the Criminal Code of 1961, or a violation of either or both Article 16 or 17 of the Criminal Code of 2012,  Article 29B of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar out-of-state offense.     For the purposes of this paragraph, "forcible felony" has     the meaning provided in Section 2-8 of the Criminal Code     of 2012.(9) A bond or Certificate of Deposit in the amount of     $50,000 for each location at which the applicant intends to act as a Buy Here, Pay Here used vehicle dealer.  The bond shall be for the term of the license.  The bond shall run to the People of the State of Illinois, with surety by a bonding or insurance company authorized to do business in this State.  It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a Buy Here, Pay Here used vehicle dealer.(10) Such other information concerning the business     of the applicant as the Secretary of State may by rule prescribe.(11) A statement that the applicant understands     Chapter 1 through Chapter 5 of this Code.(12) A copy of the certification from the     prelicensing education    program.(13) The full name, address, and contact information     of each of the dealer's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.(d) Any change that renders no longer accurate any information  contained in any application for a Buy Here, Pay Here used vehicle dealer's license shall  be amended within 30 days after the occurrence of each change on such  form as the Secretary of State may prescribe by rule,  accompanied by an amendatory fee of $2.(e) Anything in this Chapter to the contrary notwithstanding, no  person shall be licensed as a Buy Here, Pay Here used vehicle dealer unless the person  maintains an established place of business as  defined in this Chapter.(f) The Secretary of State shall, within a reasonable time after  receipt, examine an application submitted  under this Section.  Unless the Secretary makes a determination that the application  does not conform to this Section or that grounds exist  for a denial of the application under Section 5-501 of this Chapter, the Secretary   must grant the applicant an original Buy Here, Pay Here used vehicle dealer's license in  writing for his or her established place of business and a supplemental license  in writing for each additional place of business in such form as the Secretary may  prescribe by rule that shall include the following:(1) The name of the person licensed.(2) If a corporation, the name and address of its     officers or if a sole proprietorship, a partnership, an unincorporated association, or any similar form of business organization, the name and address of the proprietor or of each partner, member, officer, director, trustee, or manager.(3) In the case of an original license, the     established place of business of the licensee.(4) In the case of a supplemental license, the     established place of business of the licensee and the additional place of business to which the supplemental license pertains.(5) The full name, address, and contact information     of each of the dealer's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.(g) The appropriate instrument evidencing the license or a certified  copy thereof, provided by the Secretary of State shall be kept posted,  conspicuously, in the established place of business of the licensee and  in each additional place of business, if any, maintained by the  licensee.(h) Except as provided in subsection (i), all Buy Here, Pay Here used  vehicle dealer's licenses granted under this Section expire by operation  of law on December 31 of the calendar year for which they are granted  unless sooner revoked or cancelled under Section 5-501 of this Chapter.(i) A Buy Here, Pay Here used vehicle dealer's license may be renewed upon application  and payment of the fee required herein, and submission of proof of  coverage by an approved bond under the Retailers' Occupation Tax Act  or proof that the applicant is not subject to such bonding requirements, as  in the case of an original license, but in the case of an application for the  renewal of an effective license made during the month of December,  the effective license shall remain in force until the application for  renewal is granted or denied by the Secretary of State.(j) Each person licensed as a Buy Here, Pay Here used vehicle dealer is required to  furnish each purchaser of a motor vehicle:(1) a certificate of title properly assigned to the     purchaser;(2) a statement verified under oath that all     identifying numbers on the vehicle agree with those on the certificate of title;(3) a bill of sale properly executed on behalf of the     person;(4) a copy of the Uniform Invoice-transaction     reporting return referred to in Section 5-402;(5) in the case of a rebuilt vehicle, a copy of the     Disclosure of Rebuilt Vehicle Status; and(6) in the case of a vehicle for which the warranty     has been reinstated, a copy of the warranty.(k) Except at the time of sale or repossession of the vehicle, no  person licensed as a Buy Here, Pay Here used vehicle dealer may issue any other person a newly  created key to a vehicle unless the Buy Here, Pay Here used vehicle dealer makes a color photocopy or electronic scan of the  driver's license or State identification card of the person requesting or  obtaining the newly created key. The Buy Here, Pay Here used vehicle dealer must retain the photocopy or scan   for 30 days.A Buy Here, Pay Here used vehicle dealer who violates this subsection (k) is guilty of a  petty offense. Violation of this subsection (k) is not cause to suspend,  revoke, cancel, or deny renewal of the used vehicle dealer's license.(l)   A Buy Here, Pay Here used vehicle dealer licensed under this Section shall provide the Secretary of State a register for the sale at auction of each salvage or junk certificate vehicle.  Each register shall include  the following information:(1) the year, make, model, style, and color of the     vehicle;(2) the vehicle's manufacturer's identification     number or, if applicable, the Secretary of State or Illinois Department of State Police identification number;(3) the date of acquisition of the vehicle;(4) the name and address of the person from whom the     vehicle was acquired;(5) the name and address of the person to whom any     vehicle was disposed, the person's Illinois license number or, if the person is an out-of-state salvage vehicle buyer, the license number from the state or jurisdiction where the buyer is licensed; and(6) the purchase price of the vehicle.The register shall be submitted to the Secretary of State via written or electronic means within 10 calendar days from the date of the auction.(m) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.  (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)