reglab/statecodes huggingface dataset:
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11713.18.

11713.18. (a) It is a violation of this code for the holder of any dealer’s license issued under this article to advertise for sale or sell a used vehicle as “certified” or use any similar descriptive term in the advertisement or the sale of a used vehicle that implies the vehicle has been certified to meet the terms of a used vehicle certification program if any of the following apply:
(1) The dealer knows or should have known that the odometer on the vehicle does not indicate actual mileage, has been rolled back or otherwise altered to show fewer miles, or replaced with an odometer showing fewer miles than actually driven.
(2) The dealer knows or should have known that the vehicle was reacquired by the vehicle’s manufacturer or a dealer pursuant to state or federal warranty laws.
(3) The title to the vehicle has been inscribed with the notation “Lemon Law Buyback,” “manufacturer repurchase,” “salvage,” “junk,” “nonrepairable,” “flood,” or similar title designation required by this state or another state.
(4) The vehicle has sustained damage in an impact, fire, or flood, that after repair prior to sale substantially impairs the use or safety of the vehicle.
(5) The dealer knows or should have known that the vehicle has sustained frame damage.
(6) Prior to sale, the dealer fails to provide the buyer with a completed inspection report indicating all the components inspected.
(7) The dealer disclaims any warranties of merchantability on the vehicle.
(8) The vehicle is sold “AS IS.”
(9) The term “certified” or any similar descriptive term is used in any manner that is untrue or misleading or that would cause any advertisement to be in violation of subdivision (a) of Section 11713 of this code or Section 17200 or 17500 of the Business and Professions Code.
(b) A violation of this section is actionable under the Consumers Legal Remedies Act (Title 1.5 (commencing with Section 1750) of Part 4 of Division 3 of the Civil Code), the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code), Section 17500 of the Business and Professions Code, or any other applicable state or federal law. The rights and remedies provided by this section are cumulative and shall not be construed as restricting any right or remedy that is otherwise available.
(c) This section does not abrogate or limit any disclosure obligation imposed by any other law.
(d) This section does not apply to the advertisement or sale of a used motorcycle or a used off-highway motor vehicle subject to identification under Section 38010.
(Added by Stats. 2005, Ch. 128, Sec. 8. Effective January 1, 2006. Operative July 1, 2006, by Sec. 12 of Ch. 128.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11713.19.

11713.19. (a) It is unlawful and a violation of this code for the holder of any dealer’s license issued under this article to do any of the following:
(1) Negotiate the terms of a vehicle sale or lease contract and then add charges to the contract for any goods or services without previously disclosing to the consumer the goods and services to be added and obtaining the consumer’s consent.
(2) (A) Inflate the amount of an installment payment or down payment or extend the maturity of a sale or lease contract for the purpose of disguising the actual charges for goods or services to be added by the dealer to the contract.
(B) For purposes of subparagraph (A), “goods or services” means any type of good or service, including, but not limited to, insurance and service contracts.
(b) Subdivision (a) does not apply to the sale or lease of a motorcycle or an off-highway motor vehicle subject to identification under Section 38010.
(Added by Stats. 2005, Ch. 128, Sec. 9. Effective January 1, 2006. Operative July 1, 2006, by Sec. 12 of Ch. 128.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11713.22.

11713.22. (a) Upon mutual agreement of the parties to enter into a recreational vehicle franchise, it is unlawful and a violation of this code for a manufacturer, manufacturer branch, distributor, or distributor branch licensed under this code to fail or refuse to provide a recreational vehicle dealer with a written recreational vehicle franchise that complies with the requirements of Section 331.3.
(b) Notwithstanding Section 331.3, a recreational vehicle franchise described in this section shall include, but not be limited to, provisions regarding dealership transfer, dealership termination, sales territory, and reimbursement for costs incurred by the dealer for work related to the manufacturer’s warranty for each line-make of recreational vehicle covered by the agreement.
(c) This section applies only to a dealer and manufacturer agreement involving recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include an agreement with a dealer who deals exclusively in truck campers.
(Amended by Stats. 2008, Ch. 743, Sec. 2. Effective January 1, 2009.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11713.23.

11713.23. (a) A recreational vehicle manufacturer, manufacturer branch, distributor, or distributor branch licensed under this code shall not sell a new recreational vehicle in this state to or through a recreational vehicle dealer without having first entered into a written recreational vehicle franchise with that recreational vehicle dealer, that complies with the requirements of Section 331.3 and that has been signed by both parties.
(b) A recreational vehicle dealer shall not sell a new recreational vehicle in this state without having first entered into a written recreational vehicle franchise, that complies with the requirements of Section 331.3, with a recreational vehicle manufacturer, manufacturer branch, distributor, or distributor branch licensed under this code, that has been signed by both parties.
(c) (1) A recreational vehicle manufacturer, manufacturer branch, distributor, or distributor branch shall not ship a new recreational vehicle to a recreational dealer on or after January 1, 2009, without a recreational vehicle franchise that has been signed by both parties.
(2) A recreational vehicle dealer shall not receive a new recreational vehicle from a recreational vehicle manufacturer, manufacturer branch, distributor, or distributor branch on or after January 1, 2009, without a recreational vehicle franchise that has been signed by both parties.
(d) Any new recreational vehicle inventory that has been purchased by a recreational vehicle dealer, or shipped by a manufacturer, manufacturer branch, distributor, or distributor branch, before January 1, 2009, may be sold at any time without a recreational vehicle franchise.
(e) Following the termination, cancellation, or nonrenewal of a recreational vehicle franchise, any new recreational vehicle inventory that was purchased by the recreational vehicle dealer, or shipped by a manufacturer, manufacturer branch, distributor, or distributor branch, during the period that the written recreational vehicle franchise was in effect, may be sold by that recreational vehicle dealer at any time.
(f) This section applies only to a dealer and manufacturer agreement involving recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include an agreement with a dealer who deals exclusively in truck campers.
(Amended by Stats. 2015, Ch. 407, Sec. 19. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11713.27.

11713.27. (a) A holder of a dealer’s license issued under this article is not in violation of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code for excluding from the advertised, displayed, or offered price of a vehicle a fee or charge identified in subdivision (b) of Section 11713.1.
(b) This section shall become operative on July 1, 2024.
(Added by Stats. 2023, Ch. 400, Sec. 10. (SB 478) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11713.28.

11713.28. (a) A motor vehicle manufacturer, or any other person, that advertises a motor vehicle manufacturer’s suggested retail price (MSRP) set by an automobile manufacturer, or lease payments based upon an MSRP, does not, by doing so, violate paragraph (29) of subdivision (a) of Section 1770 of the Civil Code.
(b) This section shall become operative on July 1, 2024.
(Added by Stats. 2023, Ch. 400, Sec. 11. (SB 478) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11714.

11714. (a) The department, upon granting a license, shall issue to the applicant a license containing the applicant’s name and address and the general distinguishing number assigned to the applicant.
(b) A dealer shall not sell any vehicle at retail at a location that is not posted pursuant to Section 11709.
(c) A dealer who is authorized by the department to sell motor vehicles only at wholesale shall not sell any vehicle at retail and shall report every sale to the department as prescribed in subdivision (b) of Section 4456.
(d) When the department has issued a license pursuant to subdivision (a), the licensee may apply for and the department shall issue special plates which shall have displayed thereon the general distinguishing number assigned to the applicant. Each plate so issued shall also contain a number or symbol identifying the plate from every other plate bearing a like general distinguishing number.
(e) The department shall also furnish books and forms as it may determine necessary. Those books and forms are and shall remain the property of the department and may be taken up at any time for inspection.
(f) This section shall become operative January 1, 2019.
(Repealed (in Sec. 23) and added by Stats. 2016, Ch. 90, Sec. 24. (AB 516) Effective January 1, 2017. Section operative January 1, 2019, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11716.

11716. A manufacturer, remanufacturer, transporter, distributor, or dealer, in the course of business, may operate or move any vehicle of a type otherwise required to be registered under this code without registering the vehicle, and without license or special plates attached thereto, from a vessel, railroad depot, or warehouse over the highways to a warehouse or salesroom upon first having obtained a written permit from the department authorizing that operation.
(Amended by Stats. 1990, Ch. 1563, Sec. 45.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11717.

11717. (a) Every occupational license and special plate issued under this article shall be valid for a period of one year from midnight of the last day of the month of issuance. Except as provided in subdivision (c), renewal of the occupational license and special plates for the ensuing year may be obtained by the person to whom the occupational license and special plates were issued upon application to the department and payment of the fee provided in this code.
(b) Every application for the renewal of an occupational license and special plates which expire pursuant to this section shall be made by the person to whom issued not more than 90 days prior to the expiration date, and shall be made by presenting the completed application form provided by the department and by payment of the full annual renewal fee for the occupational license and special plates.
(c) If the application for renewal of the occupational license and special plates is not made by midnight of the expiration date, the application may be made within 30 days following expiration of the license by paying the annual renewal fee and a penalty fee equal to the amount of the original application fee for each occupational license held. A penalty as specified in Sections 9553 and 9554 shall also be added to each special plate renewed during the 30-day period following expiration of the special plates.
(d) In no event may the licensee renew the occupational license or special plates after the expiration of the 30-day period authorized in subdivision (c).
(Amended by Stats. 1984, Ch. 499, Sec. 12.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11718.

11718. Except where the provisions of this code require the refusal to issue a license, the department may issue a probationary license subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the license but shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein.
(Amended by Stats. 1971, Ch. 1214.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11719.

11719. Pending the satisfaction of the department that the applicant has met the requirements under this article, it may issue a temporary permit to any person applying for a manufacturer's, manufacturer’s branch, remanufacturer's, remanufacturer’s branch, distributor's, distributor’s branch, transporter's, or dealer’s license and special plates. The temporary permit shall permit the operation by the manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer for a period not to exceed 120 days while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to the license and special plates. The department may cancel the temporary permit when it has determined, or has reasonable cause to believe, that the application is incorrect or incomplete or the temporary permit was issued in error. The temporary permit is invalid when canceled or when the applicant’s license has been issued or refused.
(Amended by Stats. 1983, Ch. 1286, Sec. 41.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11720.

11720. The department may issue a certificate of convenience to the executor, executrix, administrator or administratrix of the estate of a deceased holder of validly outstanding special plates and license issued under this article, or if no executor, executrix, administrator or administratrix has been appointed, and until a certified copy of an order making such appointment is filed with the department, to the surviving spouse or other heir otherwise entitled to conduct the business of the deceased, permitting such person to exercise the privileges granted by such special plates and license for a period of one year from and after the date of death and necessary one-year renewals thereafter, pending, but not later than, disposal of the business and qualification of the vendee of the business or such surviving spouse, heir or other persons for such special plates and license under the provisions of this article. The department may restrict or condition the license and attach to the exercise of the privileges thereunder such terms and conditions as in its judgment the protection of the public requires.
(Amended by Stats. 1976, Ch. 1171.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11721.

11721. The special plates and licenses provided for in this article shall be automatically canceled upon the happening of any of the following:
(a) The abandonment of the established place of business of the dealer or the change thereof without notice to the department as provided in Section 11712.
(b) The failure of the licensee to maintain an adequate bond or to procure and file another bond as provided in Section 11710 prior to the effective date of the termination by the surety of any existing bond.
(c) The voluntary or involuntary surrender for any cause by the licensee of the special plates and license, except that the surrender of the special plates and license, the cessation of business by the licensee, or the suspension or revocation of the corporate status of the licensee, does not preclude the filing of an accusation for revocation or suspension of the surrendered license as provided in Section 11705, does not affect the department’s decision to suspend or revoke the license. The department’s determination to suspend or revoke the license may be considered in issuing or refusing to issue any subsequent license authorized by this division to that licensee or to a business representative of that prior licensee.
(d) Notification to the department that the person designated as licensee has changed, except that the special plates issued to the original licensee may be transferred and the newly designated licensee as transferee shall succeed to the privileges evidenced by the plates until their expiration.
(e) The suspension or revocation of the corporate status of the licensee.
(f) The suspension, revocation, or cancellation of the seller’s permit of the licensee by the California Department of Tax and Fee Administration pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.
(Amended by Stats. 2022, Ch. 295, Sec. 10. (AB 2956) Effective January 1, 2023.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11722.

11722. Claims, against the surety upon a dealer’s bond, of a financing agency that has loaned money to a licensee or assignee thereof shall be allowed only to the extent that the claims of any other person or entity with respect to the bond under Section 11711 shall be satisfied first and entitled to preference over the claims of the financing agency with respect to the bond ; provided, however, that as to any conditional sales contract as defined in Section 2981 of the Civil Code, acquired by way of purchase or pledge, a financing agency shall be entitled to protection under the bond with the same preference set forth under Section 11711 if the financing agency is defrauded by a licensee.
(Amended by Stats. 2002, Ch. 303, Sec. 2. Effective January 1, 2003.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11723.

11723. The board may require that fees shall be paid to the department for the issuance or renewal of a license to do business as a new motor vehicle dealer, dealer branch, manufacturer, manufacturer branch, distributor, distributor branch, or representative. The fees shall be to reimburse the department for costs incurred in licensing those dealers, manufacturers, distributors, branches, and representatives and for related administrative costs incurred on behalf of the board. The board may also require that an additional fee be paid to the department when the licensee has failed to pay the fee authorized by Section 3016 prior to the expiration of its occupational license and special plates and the licensee utilizes the 30-day late renewal period authorized by subdivision (c) of Section 11717.
This section shall not apply to dealers, manufacturers, distributors, or representatives of vehicles not subject to registration under this code, except dealers, manufacturers, manufacturer branches, distributors, distributor branches, or representatives of, off-highway motorcycles, as defined in Section 436, all-terrain vehicles, as defined in Section 111, and trailers subject to identification pursuant to Section 5014.1.
(Amended by Stats. 2004, Ch. 836, Sec. 11. Effective January 1, 2005.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11724.

11724. A dealer, or the agent of a dealer, who has received a notice pursuant to Section 7507.6 of the Business and Professions Code, shall not make a subsequent assignment to skip trace, locate, or repossess a vehicle without simultaneously, and in the same manner by which the assignment is given, advising the assignee of the assignment of the information contained in the notice. As used in this section, “assignment” has the same meaning set forth in Section 7500.1 of the Business and Professions Code.
(Added by Stats. 2007, Ch. 192, Sec. 9. Effective September 7, 2007.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11725.

11725. (a) No person shall transport or drive any motor vehicle from this state outside of the United States with the intent to register or sell such vehicle in a foreign jurisdiction, without first removing the license plates and delivering them to the department. Such person may obtain a permit from the department authorizing the operation of the unlicensed motor vehicle on the public highways of this state in order to reach such foreign jurisdiction. Failure to deliver the license plates as required by this subdivision shall be a misdemeanor.
(b) No holder of any license, or any temporary permit for such license issued under this division, shall deliver any vehicle following sale without first removing all license plates from such vehicle when it is known by the licensee that the vehicle is to be exported to a foreign jurisdiction outside of the United States.
(Amended by Stats. 1976, Ch. 934.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11726.

11726. Any licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with any provision of Article 1 (commencing with Section 11700) or 3 (commencing with Section 11900) of Chapter 4 of Division 5 or with any regulation adopted by the department or any rule adopted or decision rendered by the board under authority vested in them may recover damages and reasonable attorney fees therefor in any court of competent jurisdiction. Any such licensee may also have appropriate injunctive relief in any such court.
(Amended by Stats. 2019, Ch. 796, Sec. 20. (AB 179) Effective January 1, 2020.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11727.

11727. The revocation or suspension of a license of a manufacturer, manufacturer branch, distributor, distributor branch, or representative may be limited to one or more municipalities or counties or any other defined area, or may be revoked or suspended in a defined area only as to certain aspects of its business, or as to a specified dealer or dealers.
(Added by Stats. 1973, Ch. 996.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11728.

11728. As part of a compromise settlement agreement entered into pursuant to Section 11707 or 11808.5, the department may assess a monetary penalty of not more than two thousand five hundred dollars ($2,500) per violation and impose a license suspension of not more than 30 days for any dealer who violates subdivision (r) of Section 11713. The extent of the penalties shall be based on the nature of the violation and effect of the violation on the purposes of this article. Except for the penalty limits provided for in Sections 11707 and 11808.5, all the provisions governing compromise settlement agreements for dealers, salespersons, and wholesalers apply to this section, and Section 11415.60 of the Government Code does not apply.
(Amended by Stats. 1995, Ch. 938, Sec. 90. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11729.

11729. (a) Except as provided in subdivision (b), any dealer engaging in a consignment with an owner not licensed as a dealer, manufacturer, manufacturer branch, distributor, or a distributor branch licensed under this code, and the consignment is not otherwise prohibited by this code, shall execute a consignment agreement as prescribed by Section 11730. The failure of a dealer, when required under this section, to complete and comply with the terms of the prescribed consignment agreement for any vehicle which the dealer agrees to accept on consignment, or to pay the agreed amount to the consignor or his or her designee within 20 days after the date of sale of the vehicle, is cause for suspending or revoking the license of the dealer under paragraph (10) of subdivision (a) of Section 11705.
(b) (1) A dealer conducting retail auction sales on behalf of a fleet owner shall execute a consignment agreement applicable to all vehicles consigned for sale during the term of the agreement which contains, at a minimum, substantially all of the terms, phrases, conditions, and disclosures required by Section 11730, except the following are not required:
(A) The description of a specific vehicle by year, make, identification number, license, state, or mileage.
(B) The information contained in paragraph (4) of subdivision (b) of Section 11730.
(2) If mutually agreeable, in lieu of the requirements of paragraph (7) of subdivision (b) of Section 11730, the consignor may provide the documents necessary to transfer the ownership of the vehicle to the consignee prior to the auction being held.
(3) For purposes of this subdivision, “fleet owner” is either of the following:
(A) A person who is the registered or legal owner of 25 or more vehicles registered in this state and is the owner, as recorded in the department’s records, of the vehicles consigned for sale to the dealer.
(B) A bankruptcy trustee who owns or has legal control of the vehicles consigned for sale to the dealer, government agency, or financial institution.
(Amended by Stats. 1999, Ch. 672, Sec. 4. Effective January 1, 2000.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11735.

11735. (a) No dealer shall engage in brokering a retail sales transaction without first paying the fee required by subdivision (d) of Section 9262 and obtaining from the department an autobroker’s endorsement to the dealer’s license. An autobroker’s endorsement shall be automatically cancelled upon the cancellation, suspension, revocation, surrender, or expiration of a dealer’s license.
(b) Upon the issuance of an autobroker’s endorsement to a dealer’s license, the department shall furnish the dealer with an autobroker’s log. The autobroker’s log shall remain the property of the department and may be taken up at any time for inspection.
(c) The autobroker’s log shall contain spaces sufficient for the dealer to record the following information with respect to each retail sale brokered by that dealer:
(1) Vehicle identification number of brokered vehicle.
(2) Date of brokering agreement.
(3) Selling dealer’s name, address, and dealer number.
(4) Name of consumer.
(5) Brokering dealer’s name and dealer number.
(d) Nothing in this code prohibits a dealer who has been issued an autobroker’s endorsement to his or her dealer’s license from delivering, with the selling dealer’s written approval, motor vehicles that have been sold pursuant to a duly executed motor vehicle purchase agreement or obtaining a consumer’s signature on a selling dealer’s motor vehicle purchase agreement that has already been executed by the selling dealer.
(e) When brokering a retail sale as an agent of the consumer, selling dealer, or both, the brokering dealer owes a fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with its principal or principals.
(f) For purposes of this section and Sections 11736, 11737, and 11738, “consumer” means any person who retains a dealer to perform brokering services in connection with a retail sale.
(Amended by Stats. 1995, Ch. 211, Sec. 7. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11736.

11736. It is unlawful for any dealer licensed under this article to do any of the following when brokering a retail sale:
(a) Fail to execute a written brokering agreement, as described in Section 11738, and provide a completed copy to both of the following:
(1) Any consumer entering into the brokering agreement. The completed copy shall be provided prior to the consumer’s signing of an agreement for the purchase of the vehicle described in the brokering agreement or, prior to accepting one hundred dollars ($100) or more from that consumer, whichever occurs first.
(2) The selling dealer. The completed copy shall be provided prior to the selling dealer’s entering into a purchase agreement with the consumer.
(b) Accept a purchase deposit from any consumer that exceeds 2.5 percent of the selling price of the vehicle described in the brokering agreement.
(c) Fail to refund any purchase money, including purchase deposits, upon demand by a consumer at any time prior to the consumer’s signing of a vehicle purchase agreement with a selling dealer and taking delivery of the vehicle described in the brokering agreement.
(d) Fail to cancel a brokering agreement and refund, upon demand, any money paid by a consumer, including any brokerage fee, under any of the following circumstances:
(1) When the final price of the brokered vehicle exceeds the purchase price listed in the brokering agreement.
(2) When the vehicle delivered is not as described in the brokering agreement.
(3) When the brokering agreement expires prior to the customer being presented with a purchase agreement from a selling dealer arranged through the brokering dealer that contains a purchase price at or below the price listed in the brokering agreement.
(e) Act as a seller and provide brokering services, both in the same transaction.
(f) Fail to disclose to the consumer and selling dealer, as soon as practicable, whether the autobroker receives or does not receive a fee or other compensation, regardless of the form or time of payment, from the selling dealer and the dollar amount of any fee that the consumer is obligated to pay to the autobroker. This arrangement shall be confirmed in a brokering agreement.
(g) Fail to record in the dealer’s autobroker log, for each brokered sale, all of the information specified in subdivision (c) of Section 11735.
(h) Fail to maintain for a minimum of three years a copy of the executed brokering agreement and other notices and documents related to each brokered transaction.
(i) Fail to advise the consumer, prior to accepting any money, that a full refund will be given if the motor vehicle ordered through the autobroker is not obtained for the consumer or if the service orally contracted for is not provided.
(Amended by Stats. 1995, Ch. 211, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11737.

11737. (a) A dealer who brokers a motor vehicle sale shall deposit directly into a trust account any purchase money, including purchase deposits, it receives from a consumer or a consumer’s lender. This subdivision does not require a separate trust account for each brokered transaction.
(b) The brokering dealer shall not in any manner encumber the corpus of the trust account except as follows:
(1) In partial or full payment to a selling dealer for a vehicle purchased by the brokering dealer’s consumer.
(2) To make refunds.
(c) Subdivision (b) shall not prevent payment of the interest earned on the trust account to the brokering dealer.
(d) The brokering dealer shall serve as trustee of the trust account required by this section. If the brokering dealer is a partnership or a corporation, the managing partner of the partnership or the chief executive officer of the corporation shall be the trustee. The trustee may designate in writing that an officer or employee may manage the trust account if that officer or employee is under the trustee’s supervision and control, and the original of that writing is on file with the department.
(e) All trust accounts required by this section shall be maintained at a branch of a bank, savings and loan association, or credit union regulated by the state or the government of the United States.
(f) The brokering dealer has a fiduciary responsibility with respect to all purchase money received from a consumer or consumer’s lender relative to a brokered sale transaction.
(g) The following are deemed to be held in trust for consumers who have paid purchase money to a brokering dealer:
(1) All sums received by the brokering dealer whether or not required to be deposited in an actual trust account and regardless of whether any of these sums were required to be deposited or actually were deposited in a trust account.
(2) All property with which any of the sums described in paragraph (1) has been commingled if any of these sums cannot be identified because of the commingling.
(h) Upon any judicially ordered distribution of any money or property required to be held in trust and after all expenses of distribution approved by the court have been paid, every consumer of a brokering dealer has a claim on the trust for purchase money payments made to the brokering dealer. Unless a consumer can identify his or her funds in the trust within the time established by the court, each consumer shall receive a proportional share based on the amount paid.
(Added by Stats. 1994, Ch. 1253, Sec. 14. Effective January 1, 1995.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11738.

11738. The brokering agreement required by Section 11736 shall be printed in no smaller than 10-point type and shall contain not less than the following terms, conditions, requirements, and disclosures:
(a) The name, address, license number, and telephone number of the autobroker.
(b) A complete description, including line-make, model, year model, and color, of the vehicle and the desired options.
(c) The following statement:
“The following information shall be completed prior to the signing of this brokering agreement:
Dollar Purchase Price of Vehicle: ______.
Date this agreement will expire if a purchase agreement from a selling dealer is not presented for your signature:__________.
Fee that you will be obligated to pay us, if any:__________.”
(d) One of the following notices, as appropriate, printed in at least 10-point bold type and placed immediately below the statement required by subdivision (c):
(1) “We do not receive a fee from the selling dealer.”
(2) “We receive a fee from the selling dealer.”
(e) The following notice on the face of the brokering agreement with a heading in at least 14-point bold type and the text in at least 10-point bold type, circumscribed by a line, that reads as follows:
NOTICE
This is an agreement to provide services; it is not an agreement for the purchase of a vehicle. California 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 money paid, including any brokerage fee you may have paid, under any of the following circumstances:
(1) The final price of the vehicle exceeds the purchase price listed above.
(2) The vehicle is not as described above upon delivery.
(3) This agreement expires prior to your being 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 prior to your signing a vehicle purchase agreement with a selling dealer. Purchase deposits are limited by law to no more than 2.5 percent of the purchase price of a vehicle and must be deposited by an autobroker or auto buying service in a federally insured trust account. If you are unable to resolve a dispute with your auto­broker or auto buying service, please contact an investigator of the Department of Motor Vehicles.
(f) The date the agreement is executed.
(g) The signature of the autobroker and consumer.
(Amended by Stats. 2000, Ch. 1035, Sec. 13. Effective January 1, 2001.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11739.

11739. For purposes of title registration, warranties, rebates, and incentives, in a brokered retail new motor vehicle sale, the selling, franchised new car dealer, and not the autobroker, is responsible to apply for title in the name of the purchaser, to secure vehicle registration and the license plates for the purchaser, to secure the manufacturer’s warranty in the name of the purchaser, and to make all applications for any manufacturer’s rebates and incentives due the purchaser. If there is a manufacturer’s recall, the consumer shall be notified directly by the manufacturer.
(Added by Stats. 1994, Ch. 1253, Sec. 16. Effective January 1, 1995.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11740.

11740. The remedies and penalties provided in this code for a violation of this article are cumulative to the remedies and penalties provided by other laws.
(Added by Stats. 2002, Ch. 407, Sec. 3. Effective January 1, 2003.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1.1 - Consumer Automotive Recall Safety Act › Section 11750.

11750. This article shall be known, and may be cited, as the Consumer Automotive Recall Safety Act (CARS Act).
(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1.1 - Consumer Automotive Recall Safety Act › Section 11752.

11752. As used in this article, the following definitions apply:
(a) The term “dealer” has the same meaning as in Section 285.
(b) (1) A “manufacturer’s recall” is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.
(2) A manufacturer’s recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.
(c) A “personal vehicle sharing program” has the same meaning as defined in Section 11580.24 of the Insurance Code.
(d) A “recall database” is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturer’s recall information relevant to a specific vehicle.
(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:
(A) The recall data on a vehicle manufacturer’s Internet Web site for a specific vehicle’s line-make.
(B) The recall data in a vehicle manufacturer’s internal system that provides information to its franchisees on vehicles subject to recall.
(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.
(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.
(e) A “recall database report” is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.
(f) A “rental car company” is a person or entity in the business of renting passenger vehicles to the public in California.
(Amended by Stats. 2018, Ch. 591, Sec. 1. (AB 2873) Effective January 1, 2019.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1.1 - Consumer Automotive Recall Safety Act › Section 11754.

11754. (a) No later than 48 hours after receiving a notice of a manufacturer’s recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.
(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.
(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturer’s recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturer’s recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.
(d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.
(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.
(Amended by Stats. 2018, Ch. 591, Sec. 2. (AB 2873) Effective January 1, 2019.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1.1 - Consumer Automotive Recall Safety Act › Section 11755.

11755. Notwithstanding Sections 1633.3 of the Civil Code and Section 9975 of this code, a new motor vehicle dealer may receive electronic authorization from consumers consistent with regulations adopted by the Bureau of Automotive Repair for any repair of a manufacturer recall.
(Added by Stats. 2019, Ch. 490, Sec. 2. (AB 596) Effective January 1, 2020.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1.1 - Consumer Automotive Recall Safety Act › Section 11758.

11758. The department shall include the following recall disclosure statement on each vehicle registration renewal notice:
“NOTICE: Many vehicles have been recalled recently for needed repairs. Did you know you can check to see if your vehicle has an unrepaired manufacturer’s safety recall? For most vehicles, manufacturer safety recalls are repaired for free. You can check for any recalls and how to get the recall repaired at www.safercar.gov.”
(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)