reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4332 - Limited exemption; definitions

28-4332.
Limited exemption;  definitions
A. The director shall grant an exemption from the new or used house trailer dealer licensing requirements of this chapter if the person claiming the exemption furnishes satisfactory proof to the director of licensure as a dealer under title 41,  chapter 37,  article 4.
B. The cash deposit or bond posted by the person pursuant to section 41-4029 is subject to the same conditions and inures to the benefit of the same persons as prescribed in sections 28-4362,  28-4405,  28-4406 and 28-4408.
C. A new or used house trailer dealer who claims an exemption pursuant to subsection A of this section shall comply with all other requirements applicable to a new or used house trailer dealer licensed under this chapter. The director of the department of transportation may suspend or cancel the license issued pursuant to title 41,  chapter 37,  article 4 pursuant to this chapter. On issuing a final order cancelling or suspending a license issued pursuant to section 41-4026,  the director of the department of transportation shall notify the director of the Arizona department of housing who shall require the surrender of the license.
D. An exemption granted pursuant to subsection A of this section expires on suspension,  revocation or nonrenewal of the license issued pursuant to title 41,  chapter 37,  article 4. The director of the Arizona department of housing shall notify the director of the department of transportation of any such suspension,  revocation or nonrenewal.
E. For the purposes of this section:
1. " House trailer"  means a vehicle,  other than a motor vehicle,  that is built on a chassis designed for being drawn on the highways by a motor vehicle and that is designed for human habitation.
2. " Used house trailer dealer"  means a person,  other than a new house trailer dealer,  who buys,  sells,  exchanges or offers or attempts to negotiate a sale or exchange of an interest in used house trailers or who is engaged in the business of selling used house trailers.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4333 - Licensing requirement; exemptions

28-4333.
Licensing requirement;  exemptions
A. A new motor vehicle shall not be sold in this state unless either the manufacturer on direct dealerships of domestic vehicles,  the importer of foreign manufactured vehicles on direct dealerships or the distributor on indirect dealerships of either domestic or foreign vehicles is licensed as provided in this chapter. Obtaining the license conclusively establishes that the manufacturer,  distributor or importer is subject to the laws of this state regulating manufacturers,  importers and distributors.
B. An organization that has qualified for an exemption from taxation of income under section 501 of the internal revenue code may sell a donated used motor vehicle without obtaining a license under this chapter,  subject to the following:
1. The nonprofit organization shall maintain the tax-exempt status until any monies received from the sale of the used motor vehicle have been expended and a member,  director,  officer,  employee or agent of the nonprofit organization shall not receive any direct or indirect pecuniary benefit from the sale of the used motor vehicle.
2. The nonprofit organization shall sell the used motor vehicle by assignment using a licensed motor vehicle dealer.
3. Notwithstanding section 28-2058,  the nonprofit organization is not required to obtain a new certificate of title or registration for the donated motor vehicle but shall assign the certificate of title to the licensed motor vehicle dealer for ultimate assignment to the retail purchaser of the motor vehicle.
4. The nonprofit organization shall maintain the motor vehicle financial responsibility requirements prescribed by chapter 9,  article 4 of this title if operating the motor vehicle including operating the motor vehicle to the place of assignment.
5. The nonprofit organization may operate the donated motor vehicle to the place of assignment without purchasing the one trip registration permit required by section 28-2155.
C. Notwithstanding any other provision of this chapter,  a person who receives or does not receive consideration for providing a purchaser the opportunity to purchase a motor vehicle from a licensed new motor vehicle dealer at a price that does not exceed a certain amount is not required to be licensed as a motor vehicle dealer or broker under this chapter if the person does not participate in the negotiation of the actual price paid,  the delivery terms or any other terms related to the purchase of the vehicle.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4334 - License requirement; established place of business; unimproved lots and premises; violation; classification

28-4334.
License requirement;  established place of business;  unimproved lots and premises;  violation;  classification
A. Except as provided in sections 28-4335,  28-4401 and 28-4402,  a person shall not engage in any business regulated by this chapter except from an established place of business and unless the person has obtained from the director a license authorizing the person to engage in the business.
B. A licensee may use unimproved lots and premises or parts of unimproved lots and premises for the storage of motor vehicles or for the storage of motor vehicle parts or accessories if the lots or premises are located in the county in which the licensee has an established place of business.
C. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4335 - Wholesale motor vehicle dealer or broker

28-4335.
Wholesale motor vehicle dealer or broker
A. A wholesale motor vehicle dealer or a broker:
1. Is required to be licensed pursuant to this chapter and pay fees pursuant to section 28-4302.
2. Is required to be a legal resident of this state.
3. Is not required to operate from an established place of business.
4. Shall maintain a place of business in which records of the business are kept.
B. If the licensee is a broker,  the principal place of business shall not be a location that is zoned for residential use.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4336 - Separate licenses and permits

28-4336.
Separate licenses and permits
A. A branch licensee shall obtain a separate branch license for each place of business at which a licensee transacts business other than the original or principal place of business.
B. A motor vehicle dealer licensee shall obtain a separate permit for and display the separate permit at each location other than the licensee's established place of business at which the licensee conducts an off-premises exhibition,  an off-premises display and sales or a special event.
C. An exhibitor shall obtain a separate permit for and display the separate permit at each location at which the exhibitor conducts a special event.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4362 - Application; fee; bond

28-4362.
Application;  fee;  bond
Applications shall be accompanied by:
1. The filing fees prescribed in section 28-4302,  and each licensee shall pay the annual license fee prescribed in section 28-4302.
2. A bond that:
(a) Is in a form to be approved by the director.
(b) Is in an amount prescribed by the director of at least twenty thousand dollars for an automotive recycler's license and not more than one hundred thousand dollars for all other licenses.
(c) Is executed by a surety company authorized to transact business in this state as surety on the bond with the applicant as principal obligor on the bond and the state as obligee.
(d) Is cancellable only on at least sixty days' prior notice to the director.
(e) Inures to the benefit of a person who suffers loss because of either:
(i) Nonpayment by the dealer of customer prepaid title,  registration or other related fees or taxes.
(ii) The automotive recycler's or the dealer's failure to deliver in conjunction with the sale of a vehicle a valid vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the vehicle.
3. A copy of the dealer's current transaction privilege tax license.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4364 - Investigations; inspections

28-4364.
Investigations;  inspections
A. On the filing of the application for a license,  the director shall:
1. Investigate the matters set forth in the license application.
2. Inspect,  physically or through an alternate method established by the director,  the place from which the applicant proposes to transact business.
3. Investigate other matters as the director deems necessary.
B. The director shall select a date and time to conduct the investigation and inspection as the director determines is reasonable and necessary.
C. The director may approve an application for a provisional dealer's or automotive recycler's license pending completion of the criminal records check pursuant to section 28-4361 if the applicant meets all other licensing requirements of this chapter.
D. A provisional motor vehicle dealer's or automotive recycler's license is valid unless revoked by the director or until the applicant receives approval or denial of the application for a motor vehicle dealer's or automotive recycler's license.
E. The director may revoke a provisional motor vehicle dealer's or automotive recycler's license for a violation of this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4365 - Action on application; denial; immunity from costs

28-4365.
Action on application;  denial;  immunity from costs
A. Within twenty days after completion of the criminal records check,  the director shall approve or deny the application for the issuance of a license. If the application is denied,  the director shall advise the applicant in writing of the denial and the grounds for the denial.
B. The director may deny an application for a license if:
1. An individual included in the application made a misrepresentation,  omission or misstatement in the application to conceal a matter that may cause the application to be denied.
2. An individual included in the application has been convicted of fraud or an auto related felony in a state,  territory or possession of the United States or a foreign country within the ten years immediately preceding the date the criminal records check is complete.
3. An individual included in the application has been convicted of a felony,  other than a felony described in paragraph 2 of this subsection,  in a state,  territory or possession of the United States or a foreign country within the five years immediately preceding the date the criminal records check is complete.
4. An individual in the application does not meet the requirements of law or the requirements of a rule adopted by the director pursuant to law.
5. Within five years preceding the application,  an individual included in the application has had a similar license suspended,  revoked or cancelled in this or any other state.
C. The individual whose information is found to be a misrepresentation,  omission or misstatement is not eligible to reapply for a license for twelve months from the date of denial.
D. The department or its employees are not liable for any costs incurred by an applicant seeking licensure under this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4366 - Hearing on application; appeal

28-4366.
Hearing on application;  appeal
A. Within thirty days after receipt of the notice of denial,  the applicant may petition the director in writing for a hearing on the application. On filing the petition,  the director shall fix a date for the hearing.
B. The applicant has the right to be present at the hearing,  to testify in the applicant's own behalf and to have other persons as the applicant desires be present and testify at the hearing.
C. The director shall issue subpoenas to the persons the applicant requests,  requiring them to be present and to testify at the hearing.
D. A transcript of the testimony of all witnesses taken at the hearing shall be made and preserved.
E. Within ten days after the hearing,  the director shall make written findings of fact and conclusions and shall either grant or finally deny the application.
F. If the application is finally denied,  the applicant,  within thirty days from the date of final denial,  may appeal to the superior court in Maricopa county. The action shall be tried as other civil actions and shall be conducted as a trial de novo.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4401 - Off-premises exhibition, off-premises display and sales and special event permits; parking motor vehicle for sale on public property; prohibition; defaced vehicle identification number; mandatory immobilization or impoundment

28-4401.
Off-premises exhibition,  off-premises display and sales and special event permits;  parking motor vehicle for sale on public property;  prohibition;  defaced vehicle identification number;  mandatory immobilization or impoundment
A. A licensed motor vehicle dealer may conduct an off-premises exhibition,  an off-premises display and sales or a special event by permit.
B. An Arizona franchised new car dealer association may conduct a motor vehicle show by permit.
C. An exhibitor that does not have a licensed franchised dealer in this state may conduct a special event by permit. An exhibitor that has a licensed franchised dealer in this state is limited to participating in a special event through the exhibitor's licensed dealer. A licensed motor vehicle dealer or an exhibitor shall not make a solicitation or sale at a special event.
D. An applicant for an off-premises exhibition,  an off-premises display and sales or a special event permit shall submit proof to the department that the proposed site is in compliance with local zoning ordinances.
E. An off-premises exhibition permit,  display and sales permit or special event permit is not assignable.
F. A special event shall not be held at the same location at which an off-premises exhibition or an off-premises display and sale are held.
G. Except as otherwise provided in this section,  a motor vehicle dealer or person acting as a motor vehicle dealer shall not park a motor vehicle for the primary purpose of displaying the vehicle for sale or for transfer of ownership on any of the following:
1. A public street or highway.
2. A public parking lot.
3. Any other public property.
4. Any private property if the public may lawfully drive a motor vehicle on the property. This paragraph does not apply if the property is a motor vehicle dealer's lot and the motor vehicle that is parked on the property is in the motor vehicle dealer's inventory.
H. A vehicle that is displayed for sale with a vehicle identification number that has been destroyed,  removed,  covered,  altered or defaced is subject to mandatory vehicle immobilization or impoundment pursuant to section 28-3511.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4402 - Recreational vehicles; public events; permits

28-4402.
Recreational vehicles;  public events;  permits
A. A motor vehicle dealer who is licensed to sell only recreational vehicles as defined in section 28-3102 and who is the only franchisee for that line-make in the county in which the motor vehicle dealer is licensed may exhibit and sell those recreational vehicles at a fair or similar public event in an adjacent county by permit if a franchisee for that line-make is not licensed in the adjacent county.
B. A licensed motor vehicle dealer may display and sell motor vehicles during a public event for a limited period of time,  not to exceed ten days in any one calendar year,  outside of the county in which the licensed motor vehicle dealer has an established place of business if the display and sales take place in an incorporated city or town whose boundaries include territory within two counties and the licensed motor vehicle dealer's established place of business is in one of the two counties. Before any display or sales,  the licensed motor vehicle dealer shall obtain a permit from the department and shall submit proof to the department that the proposed site is in compliance with local zoning ordinances.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4405 - Display of license; continuation date; late penalty

28-4405.
Display of license;  continuation date;  late penalty
A. A license issued under this chapter:
1. Shall be conspicuously displayed in either:
(a) The established place of business for which it was obtained.
(b) The place of business if the licensee is a broker or a wholesale vehicle dealer.
2. Is not transferable or subject to sale or reassignment.
B. The director may issue licenses with staggered continuation dates to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year. In order to initiate a staggered license continuation system,  the director may issue a license for more or less than a twelve-month period,  but not more than eighteen months,  and may prorate the license fee.
C. A motor vehicle dealer licensee shall submit its renewal application,  evidence of its current transaction privilege tax license and applicable renewal fees to the department of transportation on or before the license continuation date. For the purposes of renewal,  the license continuation date is as follows:
1. If the motor vehicle dealer is also a licensed dealer pursuant to title 44,  chapter 2.1,  the date prescribed by the initial licensing department,  either the department of transportation or the department of insurance and financial institutions.
2. If the motor vehicle dealer is not also a licensed dealer pursuant to title 44,  chapter 2.1,  the date prescribed by the department of transportation.
D. If a licensee fails,  neglects or refuses to pay the required fee for the ensuing year on or before the license continuation date,  the fee is delinquent and a penalty equal to the fee shall be added to the fee and collected.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4406 - Sign requirements

28-4406.
Sign requirements
A. Each motor vehicle dealer and automotive recycler shall erect and maintain at the entrance to the motor vehicle dealer's or automotive recycler's established place of business a permanent sign indicating that the business of a motor vehicle dealer or automotive recycler is conducted at or from the premises. The sign shall be legible at a distance of at least three hundred feet during daylight.
B. A wholesale motor vehicle dealer or broker shall erect and maintain at the entrance of the wholesale motor vehicle dealer's or broker's principal place of business a permanent sign indicating that the business of a wholesale motor vehicle dealer or broker is conducted at or from the premises.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4409 - Evidence of ownership requirement; exception

28-4409.
Evidence of ownership requirement;  exception
A. Except as provided in section 28-4410:
1. Each dealer in motor vehicles,  trailers and semitrailers,  including manufacturers who sell to other than dealers,  having possession of or offering for sale a motor vehicle,  trailer or semitrailer shall have at the same time either:
(a) Possession of a duly and regularly assigned certificate of title to the vehicle.
(b) Reasonable indicia of ownership or right of possession as approved by the director.
2. A dealer or manufacturer shall not offer for sale or sell a motor vehicle,  trailer or semitrailer until the dealer or manufacturer has obtained a certificate of title to the motor vehicle,  trailer or semitrailer,  except that a certificate of title is not required for a new motor vehicle sold by manufacturers to dealers.
B. A wholesale motor vehicle auction dealer is exempt from the requirement of having to possess a duly and regularly assigned certificate of title and from other requirements relating to the reassignment of certificate of title documents and disclosures to buyers. A wholesale motor vehicle auction dealer may buy or sell a motor vehicle at wholesale in the wholesale motor vehicle auction dealer's own name if the wholesale motor vehicle auction dealer complies with the provisions of this title relating to certificates of title,  reassignments of certificate of title documents and disclosures to buyers.
C. A wholesale motor vehicle dealer must apply for a certificate of title in the name of the wholesale motor vehicle dealer any vehicle that the wholesale motor vehicle dealer acquires before the wholesale motor vehicle dealer transfers the vehicle to another licensed motor vehicle dealer.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4410 - Consignment contracts; definitions

28-4410.
Consignment contracts;  definitions
A. A dealer in motor vehicles,  trailers and semitrailers may possess and offer for sale a motor vehicle,  trailer or semitrailer without having a duly or regularly assigned certificate of title or title transfer form in the dealer's possession if the dealer possesses all of the following:
1. A consignment contract or dealer acquisition contract.
2. The most recent registration card for the vehicle.
3. A statement by the lienholder disclosing all unsatisfied liens,  if applicable.
B. A dealer may complete the sale of a motor vehicle,  trailer or semitrailer offered for sale under subsection A of this section when the dealer possesses verification that all liens on the motor vehicle,  trailer or semitrailer have been satisfied by the dealer or assumed by the purchaser.
C. A dealer who offers a vehicle for sale on consignment shall inform a prospective customer that the vehicle is on consignment to the dealer.
D. The director shall adopt rules on the minimum form and content of consignment contracts and dealer acquisition contracts.
E. This chapter does not allow the consignment of motor vehicles from one licensee to another licensee.
F. A dealer in motor vehicles,  trailers or semitrailers may offer for sale or sell a motor vehicle,  trailer or semitrailer without having a duly or regularly assigned certificate of title in the dealer's possession if the dealer possesses a complete photocopy of the duly or regularly assigned certificate of title,  the original of which has been delivered to a financial institution or a subsidiary of the financial institution pursuant to an inventory financing arrangement.
G. For the purposes of this section:
1. " Consignment contract"  means an agreement executed by both the owner of a vehicle and a licensed motor vehicle dealer pursuant to which the vehicle is delivered to the dealer to sell for the owner.
2. " Dealer acquisition contract"  means an agreement that both:
(a) Is executed by both the owner of a vehicle,  the certificate of title for which is in possession of a lienholder in accordance with the laws of this state or another state,  and a licensed motor vehicle dealer.
(b) Transfers ownership of the vehicle described in subdivision (a) of this paragraph to a licensed dealer from a person other than a manufacturer,  distributor,  franchisor or dealer.
3. " Inventory financing arrangement"  means an agreement under which a dealer grants a security interest to a financial institution under the provisions of title 47,  chapter 9.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4411 - Damage to new motor vehicles; disclosure; definition

28-4411.
Damage to new motor vehicles;  disclosure;  definition
A. Except as provided in subsection B:
1. A manufacturer shall disclose in writing to a new motor vehicle dealer damage to a new motor vehicle delivered to the dealer if the damage is known to the manufacturer and repaired,  the damage occurred after the manufacturing process is complete but before delivery to the dealer and the damage exceeds three per cent of the manufacturer's suggested retail price as calculated at the rate of the dealer's authorized warranty rate for labor and parts.
2. A new motor vehicle dealer shall disclose in writing to a purchaser of the new motor vehicle before entering into a sales contract that the new motor vehicle has been damaged and repaired if the damage to the new motor vehicle exceeds three per cent of the manufacturer's suggested retail price as calculated at the rate of the dealer's authorized warranty rate for labor and parts.
B. Disclosure is not required for any glass,  tires or bumper of a new motor vehicle if the damaged item has been replaced with original or comparable equipment.
C. If disclosure is not required under this section,  a purchaser may not revoke or rescind a sales contract due solely to the fact that the new motor vehicle was damaged and repaired before completion of the sale.
D. For purposes of this section,  " manufacturer's suggested retail price"  means the retail price of the new motor vehicle suggested by the manufacturer,  including the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the new motor vehicle dealer that is not included within the retail price suggested by the manufacturer for the new motor vehicle.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4412 - Guaranty disclosure; used motor vehicles; definition

28-4412.
Guaranty disclosure;  used motor vehicles;  definition
A. Before the consummation of the sale of a used motor vehicle,  a motor vehicle dealer shall:
1. Provide each purchaser with a written statement that:
(a) Indicates whether or not an express warranty or guaranty is associated with the used motor vehicle.
(b) Is distinguished from the body of the sales agreement through the use of either bold-faced type or bold-faced type of a color other than that used in the body of the agreement.
(c) States " as is not expressly warranted or guaranteed" ,  if the used motor vehicle to be sold is not expressly warranted or guaranteed.
(d) Explicitly states the nature and extent of the express warranty or guaranty,  if the used motor vehicle to be sold is expressly warranted or guaranteed.
(e) States " as is not guaranteed to pass vehicle emissions inspection. Vehicle not eligible for certificate of waiver and must be repaired to meet emissions standards" ,  if the used motor vehicle is a disabled vehicle that is offered for sale at a wholesale public auction with an auctioneer who is a licensed used motor vehicle dealer and if the vehicle does not comply with the requirements prescribed in section 49-542.
2. Direct the purchaser's attention to the written statement.
B. This section does not negate any implied warranties otherwise applicable to the sale of a used motor vehicle,  including the implied warranty of merchantability described in section 44-1267.
C. Notwithstanding any other provision of this section or title 12,  chapter 6,  article 9,  a motor vehicle dealer that sells a used motor vehicle to another motor vehicle dealer or for the sole purpose of being legally destroyed or dismantled does not have a duty to inspect a used motor vehicle for defects or damage before the sale. This subsection does not negate any duties owed by a licensed motor vehicle dealer to its retail customers.
D. For the purposes of this section,  " disabled vehicle"  means a motor vehicle that cannot operate on its own motive power.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4413 - Prohibiting ownership, operation or control of a warranty service facility; exception; objections

28-4413.
Prohibiting ownership,  operation or control of a warranty service facility;  exception;  objections
A. A manufacturer,  factory branch,  distributor or distributor branch or a subsidiary of a manufacturer,  factory branch,  distributor or distributor branch shall not directly or indirectly own,  operate or control,  except on an emergency or interim basis,  a new motor vehicle warranty service facility that is located in this state and that is not part of a franchise dealership.
B. Subsection A does not apply in a community or county in which a dealer is not available to perform required warranty repairs or if an existing dealer is unable or unwilling to perform the warranty repairs required by the manufacturer. If subsection A does not apply pursuant to this subsection,  a dealer may object to a manufacturer,  factory branch,  distributor or distributor branch or a subsidiary of a manufacturer,  factory branch,  distributor or distributor branch directly or indirectly owning,  operating or controlling a new motor vehicle warranty service facility as provided in article 5 of this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4414 - Alternative fuel vehicles; definition

28-4414.
Alternative fuel vehicles;  definition
A. A new motor vehicle dealer shall make available to the public information on alternative fuel vehicles and incentives in this state for purchasing or leasing alternative fuel vehicles.
B. For the purposes of this section,  " alternative fuel"  has the same meaning prescribed in section 1-215.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4415 - Advertising

28-4415.
Advertising
A. A broker shall not advertise or offer for sale or exchange any specific motor vehicle.
B. A motor vehicle dealer shall not advertise or offer for sale or exchange any specific motor vehicle unless one of the following applies:
1. The motor vehicle is for sale and located at the motor vehicle dealer's established place of business.
2. The motor vehicle dealer discloses in the advertisement the specific street address and business hours where the motor vehicle may be inspected by a retail consumer.
3. The motor vehicle is available to the motor vehicle dealer directly from the manufacturer or distributor of the motor vehicle at the time of the advertisement or offer.
C. A broker or motor vehicle dealer may advertise the broker's or motor vehicle dealer's service of arranging or assisting in effecting the purchase of a new motor vehicle from a new motor vehicle dealer and specify the line makes and models of the new vehicles.
D. A broker may not advertise the price of or payment terms for any motor vehicle. A broker shall disclose that the advertiser is a broker and shall clearly and conspicuously state the following:
All motor vehicles arranged for sale are subject to price and availability from the selling motor vehicle dealer.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4416 - Deposits

28-4416.
Deposits
A broker shall only accept a purchase deposit that is made payable to a motor vehicle dealer. A broker shall not accept a purchase deposit relating to the sale of a motor vehicle unless the motor vehicle is available to the broker at the broker's licensed place of business or is available as prescribed in section 28-4415 at the time either the broker or motor vehicle dealer accepts the deposit.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4417 - Required disclosures on sales contracts

28-4417.
Required disclosures on sales contracts
A motor vehicle dealer shall disclose in a clear and conspicuous manner on any contract for the sale of a motor vehicle to a retail consumer each of the following:
1. Whether or not the transaction is subject to a fee received by a broker from the selling motor vehicle dealer.
2. The name of the broker,  if applicable.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4418 - Warranties and rebates in broker transactions

28-4418.
Warranties and rebates in broker transactions
A. A manufacturer or distributor shall not dishonor a warranty,  rebate or other incentive offered to the public or a motor vehicle dealer in connection with the sale of a new motor vehicle to a retail consumer based solely on the fact that a broker arranged or negotiated the sale.
B. This section does not prohibit the disallowance of the warranty,  rebate or incentive if the retail consumer or motor vehicle dealer is ineligible to receive the rebate or incentive pursuant to any other term or condition of a rebate or incentive program.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4419 - Required and prohibited activities

28-4419.
Required and prohibited activities
If providing a service of arranging or assisting in effecting the purchase of a motor vehicle by a retail consumer,  a broker or motor vehicle dealer licensed pursuant to this chapter:
1. Shall:
(a) Execute a written brokering agreement and provide a completed copy to both of the following:
(i) The retail consumer entering into the brokering agreement. The completed copy shall be provided before the retail consumer signs an agreement for the purchase of the motor vehicle described in the brokering agreement or before the broker or motor vehicle dealer accepts one hundred dollars or more from the retail consumer,  whichever occurs first.
(ii) The selling motor vehicle dealer. The completed copy shall be provided before the selling motor vehicle dealer enters into a purchase agreement with the retail consumer.
(b) On demand of a retail consumer,  refund any purchase money,  including purchase deposits,  at any time before the retail consumer signs a motor vehicle purchase agreement with a selling motor vehicle dealer of the motor vehicle described in the brokering agreement.
(c) On demand of a retail consumer,  cancel a brokering agreement and refund any monies paid by a retail consumer,  including a brokerage fee,  under any of the following circumstances:
(i) If the final price of the brokered motor vehicle exceeds the purchase price listed in the brokering agreement.
(ii) If the motor vehicle delivered is not as described in the brokering agreement.
(iii) If the brokering agreement expires before the retail consumer is presented with a purchase agreement from a selling motor vehicle dealer that is arranged through the broker and that contains a purchase price at or below the price listed in the brokering agreement.
(d) Disclose to the retail consumer and selling motor vehicle dealer as soon as practicable whether the broker receives or does not receive a fee or other compensation,  regardless of the form or time of payment,  from the selling motor vehicle dealer and the dollar amount of any fee that the retail consumer is obligated to pay to the broker. This arrangement shall be confirmed in a brokering agreement.
(e) Maintain records pursuant to section 28-4403.
(f) Maintain for a minimum of three years a copy of the executed brokering agreement and other notices and documents related to each brokered transaction.
(g) Advise the retail consumer,  before accepting any money,  that a full refund will be given if the motor vehicle ordered through the broker is not obtained for the retail consumer or if the service contracted for is not provided.
2. Shall not:
(a) Accept a purchase deposit from any retail consumer that exceeds two and one-half per cent of the selling price of the motor vehicle described in the brokering agreement.
(b) Receive a fee from more than one source if providing services to a retail consumer as either a broker or motor vehicle dealer in the same transaction.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4420 - Contents of brokering agreement

28-4420.
Contents of brokering agreement
A brokering agreement shall contain the following terms,  conditions,  requirements and disclosures:
1. The name,  address,  license number and telephone number of the broker.
2. A complete description,  including line-make,  model,  year and color of the motor vehicle and the desired options.
3. The following statement:
The following information shall be completed before the signing of this brokering agreement:
(a) The dollar purchase price of vehicle: _______________.
(b) The date this agreement will expire if a purchase agreement from a selling dealer is not presented for your signature: ___________________________.
(c) The fee that you are obligated to pay,  if any: _________________.
4. A notice that is printed in conspicuous type,  that is placed immediately below the statement required by paragraph 3 and that states whether or not a fee is received from the selling dealer.
5. The following notice on the face of the brokering agreement in conspicuous type,  circumscribed by a line,  that reads as follows:
Notice
This is an agreement to provide services. This is not an agreement for the purchase of a vehicle. Arizona law gives you the following rights and protection:
Once you have signed this agreement,  you have the right to cancel it and receive a full refund of any monies paid,  including any brokerage fee you may have paid,  under any of the following circumstances:
(a) The final price of the vehicle exceeds the purchase price listed above.
(b) The vehicle is not as described above on delivery.
(c) This agreement expires before you are presented with a selling dealer's purchase agreement.
If you have paid a purchase deposit,  you have the right to receive a refund of that deposit at any time before you sign a vehicle purchase agreement with a selling dealer. Purchase deposits are limited by law to no more than 2.5 per cent of the purchase price of a vehicle. If you are unable to resolve a dispute with your broker or auto buying service,  please contact an investigator of the department of transportation.
6. The date the agreement is executed.
7. The signature of the broker and the retail consumer.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4421 - Selling dealer's duties

28-4421.
Selling dealer's duties
A. For purposes of issuing a certificate of title,  registration,  warranties,  rebates and incentives in a brokered sale of a new motor vehicle to a retail consumer,  the selling new motor vehicle dealer and not the broker is responsible for:
1. Applying for a certificate of title in the name of the purchaser and securing vehicle registration and the license plates for the purchaser.
2. Securing the manufacturer's warranty in the name of the purchaser.
3. Making all applications for any manufacturer's rebates and incentives due the purchaser.
B. If there is a manufacturer's recall,  the retail consumer shall be notified directly by the manufacturer.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4422 - Resale of new motor vehicles

28-4422.
Resale of new motor vehicles
A motor vehicle dealer may resell a new motor vehicle if all of the following apply:
1. A certificate of title is not transferred from the person who first acquired the new motor vehicle from the manufacturer or importer or agent of the manufacturer or importer.
2. The new motor vehicle is returned to the selling motor vehicle dealer.
3. The motor vehicle dealer gives written notice to the retail consumer that the vehicle was delivered to a previous purchaser.
4. The retail consumer signs an acknowledgment of receipt of the written notice prescribed by paragraph 3 and the motor vehicle dealer maintains a copy of the acknowledgment in the dealer's records.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4423 - Wholesale motor vehicle auction dealers; sign; title stamp

28-4423.
Wholesale motor vehicle auction dealers;  sign;  title stamp
Each wholesale motor vehicle auction dealer shall:
1. Conspicuously post at the wholesale motor vehicle auction dealer's established place of business a sign that contains the following statement:
Arizona Revised Statutes section 28-4334 prohibits a person who purchases a vehicle from this wholesale motor vehicle auction dealer from selling the vehicle in this state unless the person is a licensed dealer in this state. A person who violates this statutory provision is guilty of a class 1 misdemeanor.
2. Stamp " export only"  on the certificate of title of any vehicle sold to a person who is licensed as a dealer by another country.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4424 - Motor vehicle sale rescission or cancellation

28-4424.
Motor vehicle sale rescission or cancellation
A. If a motor vehicle dealer and a purchaser elect to rescind or cancel the sale of a motor vehicle within thirty days after the date of the title application,  the motor vehicle dealer shall document the rescission or cancellation of the sale,  shall submit documentation to the department in a manner prescribed by the department on receipt of the following items from the applicable department and shall return to the rightful parties all fees,  taxes and other monies. The documentation shall:
1. Be completed and submitted to the department within fifteen business days after the date the parties agreed to cancel or rescind the sale.
2. Include a copy of an agreement executed by the motor vehicle dealer,  the purchaser and,  if the purchase was financed,  the lender financing the purchase providing for the recission or cancellation of the sale.
3. Include a certificate of title if it has been issued or an attestation that the certificate of title has been lost or destroyed.
B. Within seven business days after receiving the documentation described in subsection A of this section,  the department shall:
1. Rescind,  cancel or revoke any application for a certificate of title or any issued certificate of title.
2. Refund to the motor vehicle dealer any fees and taxes that the motor vehicle dealer paid to the department,  except:
(a) The fee prescribed in section 28-2003,  subsection A,  paragraph 1.
(b) All applicable fees,  reimbursements and retained monies that are authorized by section 28-5101,  subsections F,  G and H.
3. Issue a certificate of title to the motor vehicle dealer that shows the motor vehicle dealer as the owner and the odometer mileage reading as recorded at the rescission or cancellation.
C. If a motor vehicle is subject to subsection A of this section,  a motor vehicle dealer may not offer for retail sale the motor vehicle that is the subject of the sale rescission or cancellation until the motor vehicle dealer has received the certificate of title pursuant to subsection B of this section.
D. A rescission or cancellation under this section does not negate that the motor vehicle has been the subject of a previous retail sale.
E. In connection with the financing of a rescinded or canceled motor vehicle sale,  a motor vehicle dealer shall return to a lienholder or a prospective lienholder:
1. All monies that the motor vehicle dealer receives pursuant to subsection B,  paragraph 2 of this section. The motor vehicle dealer shall return the monies described in this paragraph within three business days after receiving the monies from the department.
2. All other monies that the motor vehicle dealer receives from the lienholder or the prospective lienholder. The motor vehicle dealer shall return the monies described in this paragraph within three business days after the motor vehicle dealer and the purchaser agree to rescind or cancel the sale.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4452 - Limitations; franchise establishment, cancellation, termination or nonrenewal

28-4452.
Limitations;  franchise establishment,  cancellation,  termination or nonrenewal
A. Notwithstanding the terms,  provisions or conditions of an agreement or franchise,  a franchisor shall not cancel,  terminate or refuse to renew a franchise unless the franchisor has good cause for termination or nonrenewal.
B. A franchisor shall not enter into a franchise for the purpose of establishing an additional new motor vehicle dealership in a community in which the same line-make is then represented,  unless there is good cause for the additional new motor vehicle dealership under the franchise and unless it is in the public interest.
C. Notwithstanding any other statute,  a franchisor may initiate proceedings under this article to establish a new franchise before naming the particular franchisee and before designating or purchasing the particular site of the new franchise.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4453 - Franchise; notice of intention

28-4453.
Franchise;  notice of intention
A. If a franchisor seeks to enter into a franchise establishing an additional new motor vehicle dealership of the same line-make,  the franchisor shall,  and the franchisee may at any time,  file with the director a notice of intention to enter into a franchise for additional representation of the same line-make.
B. If the franchisor intends to establish an additional new motor vehicle dealership,  the director shall send notice within five days of receipt to all franchisees of the same line-make in the community and to all other franchises located within ten miles of the proposed dealership by the shortest street route,  if located outside the community,  who are then engaged in the business of offering to sell or selling the same line-make. In counties with a population of less than two hundred thousand persons,  the notice additionally shall be sent to all dealers located within twenty miles of the proposed new franchise as determined by the shortest street route. The director shall address copies of notices to the principal place of business of the franchisees.
C. The relocation or the reopening of a dealership within two years of the closing within the area of responsibility assigned in the franchise is not considered an additional dealership for purposes of this chapter,  provided that the location of the replacement dealership is within one mile of the previous location.
D. If a franchisor seeks to terminate,  cancel or not renew a franchise,  the franchisor shall notify the franchisee and the director in writing by certified mail or personal delivery. The notice shall contain all of the following:
1. A statement of the franchisor's intention to terminate,  cancel or not renew the franchise.
2. A statement of the reasons for the termination,  cancellation or nonrenewal.
3. The date on which the termination,  cancellation or nonrenewal is effective.
E. This section does not apply to an intended termination,  cancellation or nonrenewal of a franchise that the franchisee elects voluntarily,  pursuant to a plan established by the franchisor,  to submit to binding arbitration.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4454 - Objection to approval of notice

28-4454.
Objection to approval of notice
A. A person who receives or is entitled to receive a copy of a notice provided for in section 28-4453 may object to the approval of a notice by filing a written objection with the director within fifteen days from the date the notice was received by the person.
B. If there is an objection to the establishment of a new motor vehicle dealership,  the objecting new motor vehicle dealer shall submit evidence to the director to establish that:
1. The objector is a new motor vehicle dealer located in the same community as the proposed new motor vehicle dealership,  or within ten miles by the shortest street route of the proposed dealership,  if located outside the community. If the proposed franchise is located in a county with a population of less than two hundred thousand persons,  a dealer of the same line-make located within twenty miles,  as determined by the shortest street route,  also has standing to object pursuant to this section.
2. The objector is providing facilities,  equipment,  parts,  capital and personnel in substantial compliance with its contractual obligation to the franchisor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4455 - Determination of standing; failure to object

28-4455.
Determination of standing;  failure to object
A. If the director intends to determine that the objector has established both of the reasons prescribed by section 28-4454,  subsection B,  the director shall notify the franchisor and allow the franchisor to submit evidence in rebuttal before the director makes a final determination. The director's determination is only for the purpose of establishing standing to object to the establishment of the new motor vehicle dealer franchise.
B. If no objection is filed within fifteen days from the date the notice was received by the person or if the objector fails to establish both of the reasons pursuant to section 28-4454,  subsection B,  the director shall approve the notice.