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 11701.

11701. Every manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer of vehicles of a type subject to registration, or snowmobiles, motorcycles, all-terrain vehicles, or trailers of a type subject to identification, shall make application to the department for a license containing a general distinguishing number. The applicant shall submit proof of his or her status as a bona fide manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer as may reasonably be required by the department.
(Amended by Stats. 2004, Ch. 836, Sec. 8. 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 11702.

11702. The department may issue, or for reasonable cause shown, refuse to issue a license to any applicant applying for a manufacturer's, manufacturer’s branch, remanufacturer's, remanufacturer’s branch, distributor's, distributor’s branch, transporter's, or dealer’s license.
(Amended by Stats. 1983, Ch. 1286, Sec. 26.)
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 11703.1.

11703.1. Any of the causes specified in this chapter as a cause to suspend or revoke the license issued to a dealer, manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, or transporter, is cause to refuse to issue a license to a dealer, manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, or transporter.
(Amended by Stats. 1990, Ch. 1563, Sec. 40.)
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 11703.2.

11703.2. The department may refuse to issue a license to a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer, when the department determines that either of the following apply to the applicant:
(a) An outstanding and unsatisfied final judgment rendered against the applicant exists in connection with the purchase, sale, or lease of any vehicle.
(b) An outstanding and unsatisfied restitution order issued against the applicant under subdivision (a) of Section 11519.1 of the Government Code exists.
(Amended by Stats. 2007, Ch. 93, Sec. 2. Effective January 1, 2008.)
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 11703.3.

11703.3. A person whose license has been revoked or whose application for a license has been denied may reapply for a license after a period of not less than one year has elapsed from the effective date of the decision revoking the license or denying the application; except that if the decision was entered under the authority of subdivision (a), (b), (c), or (g) of Section 11703, or 11703.2, or paragraph (6) of subdivision (a) of Section 11705, a reapplication accompanied by evidence satisfactory to the department that such grounds no longer exist may be made earlier than such one-year period.
(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 11703.4.

11703.4. The department may refuse to issue a license to a dealer when it determines that an applicant for a dealer’s license has failed to effectively endorse an authorization for disclosure of an account or accounts relating to the operation of the dealership as provided for in Section 7473 of the Government Code.
(Added by Stats. 1976, Ch. 1320.)
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 11704.

11704. (a) Every applicant who applies for a license pursuant to Section 11701 shall submit an application to the department on the forms prescribed by the department. Such applicant shall provide the department with information as to the applicant’s character, honesty, integrity, and reputation, as the department may consider necessary. The department, by regulation, shall prescribe what information is required of such an applicant for the purposes of this subdivision.
(b) Upon receipt of an application for a license which is accompanied by the appropriate fee, the department shall, within 120 days, make a thorough investigation of the information contained in the application.
(c) Every person holding a license issued pursuant to Section 11701 shall notify the department, within 10 days, of any change in the ownership or corporate structure of the licensee.
(Repealed and added by Stats. 1977, Ch. 452.)
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 11704.7.

11704.7. Every person who applies to the department to take or retake the examination required under Section 11704.5 shall pay to the department a fee of sixteen dollars ($16).
(Added by Stats. 1996, Ch. 1008, Sec. 4. Effective January 1, 1997.)
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 11705.4.

11705.4. (a) The department, after notice and hearing, may suspend or revoke the license issued to a dealer, transporter, manufacturer, manufacturer branch, distributor, or distributor branch upon determining that the person to whom the license was issued is not lawfully entitled thereto or has willfully violated the terms and conditions of any warranty responsibilities as set forth in Title 1.7 (commencing with Section 1790) of Part 4 of Division 3 of the Civil Code.
(b) Every hearing as provided for in this section shall be pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1977, Ch. 873.)
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 11706.

11706. The department may, pending a hearing, temporarily suspend the license and special plates issued to a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer, for a period not to exceed 30 days, if the director finds that such action is required in the public interest. In any such case, a hearing shall be held and a decision thereon issued within 30 days after notice of the temporary suspension.
Every hearing, as provided for in this section, shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1983, Ch. 1286, Sec. 32.)
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 11707.

11707. (a) After the filing of an accusation under this article, the director may enter into a stipulated compromise settlement agreement with the consent of the licensee on terms and conditions mutually agreeable to the director, the respondent licensee, and the accuser without further hearing or appeal. The agreement may include, but is not limited to, a period of probation or monetary penalties, or both. Except as provided in Section 11728, the monetary penalty shall not exceed one thousand dollars ($1,000) for each violation, and it shall be based on the nature of the violation and the effect of the violation on the purposes of this article.
(b) A compromise settlement agreement may be entered before, during, or after the hearing, but is valid only if executed and filed pursuant to subdivision (d) before the proposed decision of the hearing officer, if any, is adopted or the case is decided.
(c) The department shall adopt, by regulation, a schedule of maximum and minimum amounts of monetary penalties, the payment of which may be included as a term or condition of a compromise settlement agreement entered under subdivision (a). Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties in that schedule.
(d) Any compromise settlement agreement entered under this section shall be signed by the director, the respondent licensee, and the accuser, or by their authorized representatives. The director shall file, or cause to be filed, the agreement with the Office of Administrative Hearings, together with the department’s notice of withdrawal of the accusation or statement of issues upon which the action was initiated.
(e) If the respondent licensee fails to perform all of the terms and conditions of the compromise settlement agreement, the agreement is void and the department may take any action authorized by law, notwithstanding the agreement, including, but not limited to, refiling the accusation or imposing license sanctions.
(Amended by Stats. 1990, Ch. 90, Sec. 3. Effective May 9, 1990.)
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 11708.

11708. (a) Upon refusal of the department to issue a license and special plates to a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer, the applicant shall be entitled to demand, in writing, a hearing before the director or his or her representative within 60 days after notice of refusal.
(b) The hearing shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1983, Ch. 1286, Sec. 33.)
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 11709.

11709. (a) A dealer’s established place of business, and other sites or locations as may be operated and maintained by the dealer in conjunction with his or her established place of business, shall have posted, in a place conspicuous to the public in each and every location, the license, or a true and exact copy of the license, issued by the department to the dealer and to each salesperson employed by the dealer and shall have erected or posted thereon signs or devices providing information relating to the dealer’s name and the location and address of the dealer’s established place of business to enable any person doing business with the dealer to identify him or her properly. A sign erected or posted pursuant to this subdivision, on an established place of business, shall have an area of not less than two square feet per side displayed and shall contain lettering of sufficient size to enable the sign to be read from a distance of at least 50 feet. This section shall not apply to a dealer who is a wholesaler involved for profit only in the sale of vehicles between licensed dealers.
(b) Notwithstanding Section 11704 and this section, a dealer may display vehicles at a fair, exposition, or similar exhibit without securing a branch license, if no actual sales are made at those events and the display does not exceed 30 days.
(c) A vehicle displayed pursuant to subdivision (b) or (e) shall be identified by a sign or device providing information relating to the dealer’s name and the location and address of the dealer’s established place of business.
(d) This section shall not be applicable to a dealer who deals only in off-highway vehicles subject to identification, as defined in Section 38012.
(e) Notwithstanding Section 11704 and this section, a vessel dealer may display a trailer and may sell a trailer in conjunction with the sale of a vessel at a fair, exposition, or similar exhibit without securing a branch license if the display does not exceed 30 days.
(Amended by Stats. 2010, Ch. 483, Sec. 1. (SB 1004) Effective January 1, 2011.)
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 11709.1.

11709.1. Every dealer who displays or offers one or more used vehicles for sale at retail shall post a notice not less than 8 inches high and 10 inches wide, in a place conspicuous to the public, which states the following:
“The prospective purchaser of a vehicle may, at his or her own expense and with the approval of the dealer, have the vehicle inspected by an independent third party either on or off these premises.”
(Added by Stats. 1990, Ch. 1563, Sec. 42.)
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 11709.2.

11709.2. Every dealer shall conspicuously display a notice, not less than eight inches high and 10 inches wide, in each sales office and sales cubicle of a dealer’s established place of business where written terms of specific sale or lease transactions are discussed with prospective purchasers or lessees, and in each room of a dealer’s established place of business where sale and lease contracts are regularly executed, which states the following:
“THERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION
California law does not provide for a “cooling-off” or other cancellation period for vehicle lease or purchase contracts. Therefore, you cannot later cancel such a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired a different vehicle. After you sign a motor vehicle purchase or lease contract, it may only be canceled with the agreement of the seller or lessor or for legal cause, such as fraud.
However, California law does require a seller to offer a 2-day contract cancellation option on used vehicles with a purchase price of less than $40,000, subject to certain statutory conditions. This contract cancellation option requirement does not apply to the sale of a recreational vehicle, a motorcycle, or an off-highway motor vehicle subject to identification under California law. See the vehicle contract cancellation option agreement for details.”
(Amended by Stats. 2006, Ch. 567, Sec. 24. Effective January 1, 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 11709.3.

11709.3. (a) Every dealer shall clearly and conspicuously display in its showroom at its established place of business, in a place that is easily accessible to prospective purchasers, a clear and conspicuous listing of each vehicle that the dealer has advertised for sale if the vehicle meets all of the following requirements:
(1) The vehicle is advertised for sale in a newspaper or other publication of general circulation, or in any other advertising medium that is disseminated to the public generally, including, but not limited to, radio, television, or the Internet.
(2) The vehicle is advertised at a specific price and is required pursuant to subdivision (a) of Section 11713.1 to be identified in the advertisement by its vehicle identification number or license number.
(3) The vehicle has not been sold or leased during the time that the advertised price is valid.
(4) The vehicle does not clearly and conspicuously have displayed on or in it the advertised price.
(b) The listing required by subdivision (a) may be satisfied by clearly and conspicuously posting in the showroom a complete copy of any print advertisement that includes vehicles currently advertised for sale or by clearly and conspicuously displaying in the showroom a list of currently advertised vehicles described by make, model, model-year, vehicle identification number, or license number, and the advertised price.
(Added by Stats. 2001, Ch. 441, Sec. 1. Effective January 1, 2002.)
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 11709.4.

11709.4. (a) When a dealer purchases or obtains a vehicle in trade in a retail sale or lease transaction and the vehicle is subject to a prior credit or lease balance, all of the following apply:
(1) If the dealer agreed to pay a specified amount on the prior credit or lease balance owing on the vehicle purchased or obtained in trade, and the agreement to pay the specified amount is contained in a written agreement documenting the transaction, the dealer shall tender the agreed upon amount as provided in the written agreement to the lessor registered in accordance with Section 4453.5, or to the legal owner reflected on the ownership certificate, or to the designee of that lessor or legal owner of the vehicle purchased or obtained in trade within 21 calendar days of purchasing or obtaining the vehicle in trade.
(2) If the dealer did not set forth an agreement regarding payment of a prior credit or lease balance owed on the vehicle purchased or obtained in trade, in a written agreement documenting the transaction, the dealer shall tender to the lessor registered in accordance with Section 4453.5, or to the legal owner reflected on the ownership certificate, or to the designee of that lessor or legal owner of the vehicle purchased or obtained in trade, an amount necessary to discharge the prior credit or lease balance owing on the vehicle purchased or obtained in trade within 21 calendar days of purchasing or obtaining the vehicle in trade.
(3) The time period specified in paragraph (1) or (2) may be shortened if the dealer and consumer agree, in writing, to a shorter time period.
(4) A dealer shall not sell, consign for sale, or transfer any ownership interest in the vehicle purchased or obtained in trade until an amount necessary to discharge the prior credit or lease balance owing on the vehicle has been tendered to the lessor registered in accordance with Section 4453.5, or to the legal owner reflected on the ownership certificate, or to the designee of that lessor or legal owner of the vehicle purchased or obtained in trade.
(b) A dealer does not violate this section if the dealer reasonably and in good faith gives notice of rescission of the contract promptly, but no later than 21 days after the date on which the vehicle was purchased or obtained in trade, and the contract is thereafter rescinded on any of the grounds in Section 1689 of the Civil Code.
(Amended by Stats. 2010, Ch. 328, Sec. 228. (SB 1330) Effective January 1, 2011.)
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 11710.1.

11710.1. Notwithstanding subdivision (b) of Section 11710, the bond amount of a dealer who sells vehicles on a wholesale basis only, and who sells fewer than 25 vehicles per year, shall be ten thousand dollars ($10,000).
(Added by Stats. 2002, Ch. 1110, Sec. 1. 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 11710.2.

11710.2. If a deposit is given instead of the bond required by Section 11710 both of the following apply:
(a) (1) The director may order the deposit returned at the expiration of any of the following dates:
(A) Three years from the date an applicant for a dealer’s license who has operated a business of selling vehicles under a temporary permit has ceased to do business.
(B) Three years from the date a licensee has ceased to be licensed, if the director is satisfied that there are no outstanding claims against the deposit.
(C) Five years from the date a licensee secured and maintained a dealer bond, pursuant to Section 11710, after posting a deposit, if the director is satisfied that there are no outstanding claims against the deposit.
(2) A judge of a superior court may order the return of the deposit prior to the expiration of the dates provided in paragraph (1) upon evidence satisfactory to the judge that there are no outstanding claims against the deposit.
(b) If either the director, department, or state is a defendant in any action instituted to recover all or any part of the deposit, or any action is instituted by the director, department, or state to determine those entitled to any part of the deposit, the director, department, or state shall be paid reasonable attorney fees and costs from the deposit. Costs shall include those administrative costs incurred in processing claims against the deposit.
(Amended by Stats. 2010, Ch. 483, Sec. 2. (SB 1004) Effective January 1, 2011.)
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 11711.

11711. (a) If any person (1) shall suffer any loss or damage by reason of any fraud practiced on him or fraudulent representation made to him by a licensed dealer or one of such dealer’s salesmen acting for the dealer, in his behalf, or within the scope of the employment of such salesman and such person has possession of a written instrument furnished by the licensee, containing stipulated provisions and guarantees which the person believes have been violated by the licensee, or (2) if any person shall suffer any loss or damage by reason of the violation by such dealer or salesman of any of the provisions of Division 3 (commencing with Section 4000) of this code, or (3) if any person is not paid for a vehicle sold to and purchased by a licensee, then any such person shall have a right of action against such dealer, his salesman, and the surety upon the dealer’s bond, in an amount not to exceed the value of the vehicle purchased from or sold to the dealer.
(b) If the state or any political subdivision thereof shall suffer any loss or damage by reason of any fraud practiced on the state or fraudulent representation made to the state by a licensed dealer, or one of such dealer’s representatives acting for the dealer, in his behalf, or within the scope of employment of such representatives, or shall suffer any loss or damage by reason of the violation of such dealer or representative of any of the provisions of Division 3 (commencing with Section 4000) of this code, or Part 5 (commencing with Section 10701), Division 2 of the Revenue and Taxation Code, the state or any political subdivision thereof, through the department, shall have a right of action against such dealer, his representative, and the surety upon the dealer’s bond in an amount not to exceed the value of the vehicles involved.
(c) The failure of a dealer upon demand to pay the fees and penalties determined to be due as provided in Section 4456 hereof is declared to be a violation of Division 3 (commencing with Section 4000) of this code, and Part 5 (commencing with Section 10701), Division 2 of the Revenue and Taxation Code and to constitute loss or damage to the state in the amounts of such fees and penalties determined to be due and not paid.
(d) The claims of the state under subdivision (b) shall be satisfied first and entitled to preference over all claims under subdivision (a).
(e) The claims of any person under subdivision (a) who is not a licensee shall be satisfied first and entitled to preference over all other claims under subdivision (a).
(Amended by Stats. 1972, Ch. 1106.)
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 11711.3.

11711.3. A person acting as a dealer, who was not licensed as a dealer as required by this article, or a person acting as a lessor-retailer, who was not licensed as a lessor-retailer as required by Chapter 3.5 (commencing with Section 11600), may not enforce any security interest or bring or maintain any action in law or equity to recover any money or property or obtain other relief from the purchaser or lessee of a vehicle in connection with a transaction in which the person was, at the time of the transaction, required to be licensed as a dealer or a lessor-retailer.
(Amended by Stats. 2003, Ch. 62, Sec. 304. Effective January 1, 2004.)
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 11712.

11712. (a) The department shall not issue a dealer’s license to any applicant therefor who has not an established place of business as defined in this code. Should the dealer change the site or location of his established place of business, he or she shall, immediately upon making that change, so notify the department. Should a dealer for any reason whatsoever, cease to be in possession of an established place of business from and on which he or she conducts the business for which he or she is licensed, he or she shall immediately notify the department and, upon demand by the department, shall deliver to the department the dealer’s license, dealer’s special plate or plates, and all report of sale books in his or her possession.
(b) Should the dealer change to, or add another franchise for the sale of new vehicles, or cancel or, for any cause whatever, otherwise lose a franchise for the sale of new vehicles, he or she shall immediately so notify the department.
(c) Any person licensed under this article who has closed his or her established place of business may be served with process issued pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code by registered mail at that place of business or at the mailing address of record if different from the established place of business, unless the person has notified the department in writing of another address where service may be made.
(Amended by Stats. 1988, Ch. 751, Sec. 7.)
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 11712.5.

11712.5. It is unlawful and a violation of this code for a dealer issued a license pursuant to this article to sell, offer for sale, or display any new vehicle, as follows:
(a) A new motorcycle unless there is securely attached thereto a statement as required by Section 24014.
(b) A new light duty truck with a manufacturer’s gross vehicle weight rating of 8,500 pounds or less unless there is affixed to the light duty truck the label required by Section 24013.5.
(Amended by Stats. 1987, Ch. 418, Sec. 1.)
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 11713.2.

11713.2. It shall be unlawful and a violation of this code for any manufacturer, manufacturer branch, distributor, or distributor branch licensed under this code to coerce or attempt to coerce any dealer in this state:
(a) To order or accept delivery of any motor vehicle, part or accessory thereof, appliance, equipment or any other commodity not required by law which shall not have been voluntarily ordered by the dealer.
(b) To order or accept delivery of any motor vehicle with special features, appliances, accessories or equipment not included in the list price of such motor vehicles as publicly advertised by the manufacturer or distributor.
(c) To order for any person any parts, accessories, equipment, machinery, tools, appliances, or any commodity whatsoever.
(d) To participate in an advertising campaign or contest, any promotional campaign, promotional materials, training materials, showroom or other display decorations or materials at the expense of the dealer.
(e) To enter into any agreement with the manufacturer, manufacturer branch, distributor, or distributor branch, or to do any other act prejudicial to the dealer by threatening to cancel a franchise or any contractual agreement existing between the dealer and manufacturer, manufacturer branch, distributor, or distributor branch. Notice in good faith to any dealer of the dealer’s violation of any terms or provisions of such franchise or contractual agreement shall not constitute a violation of this article.
(Added by renumbering Section 11713.1 (as added by Stats. 1973, Ch. 996) by Stats. 1979, Ch. 943.)
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 11713.4.

11713.4. If a purchaser of a vehicle pays to the dealer an amount for the licensing or transfer of title of the vehicle, which amount is in excess of the actual fees due for such licensing or transfer, or which amount is in excess of the amount which has been paid, prior to the sale, by the dealer to the state in order to avoid penalties that would have accrued because of late payment of such fees, the dealer shall return such excess amount to the purchaser, whether or not such purchaser requests the return of the excess amount.
(Added by renumbering Section 11713.3 by Stats. 1979, Ch. 943.)
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 11713.5.

11713.5. (a) It is unlawful and a violation of this code for the holder of any license issued under this article to display for sale, offer for sale, or sell, a motor vehicle, representing the motor vehicle to be of a year model different from the year model designated at the time of manufacture or first assembly as a completed vehicle.
(b) It is unlawful and a violation of this code for the holder of any license issued under this article to directly or indirectly authorize or advise another holder of a license issued under this article to change the year model of a motor vehicle in the inventory of the other holder.
(c) It is unlawful and a violation of this code for the holder of any license issued under this article to display for sale, offer for sale, or sell, a housecar which has been manufactured in two or more stages, unless the licensee informs the buyer that the housecar has been so manufactured and the licensee provides the buyer with a form, approved by the department, which sets forth the date of chassis and engine manufacture and the date and model year of the other stages of the vehicle. The licensee shall retain a copy of the form, which shall be signed by the purchaser prior to entering into any sales contract, indicating that the purchaser has received a copy of the form.
(d) This section does not apply to the displaying or offering for sale, or selling, of any new motortruck or truck tractor weighing over 10,000 pounds.
(e) This section does not apply to a vehicle which has been remanufactured by a licensed remanufacturer. The year model of a remanufactured vehicle will be the year the vehicle was remanufactured.
(Amended by Stats. 1983, Ch. 1286, Sec. 36.)
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 11713.6.

11713.6. (a) It is unlawful and a violation of this code for the holder of any dealer’s license issued under this article to fail to disclose in writing to the buyer or lessee of a new motor vehicle, that the vehicle, as equipped, may not be operated on a highway signed for the requirement of tire chains if the owner’s manual or other material provided by the manufacturer states that the vehicle, as equipped, may not be operated with tire chains.
(b) The disclosure required under subdivision (a) shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(2) The disclosure shall include the following language in capital letters: “AS EQUIPPED, THIS VEHICLE MAY NOT BE OPERATED WITH TIRE CHAINS BUT MAY ACCOMMODATE SOME OTHER TYPE OF TIRE TRACTION DEVICE. SEE THE OWNER’S MANUAL FOR DETAILS.”
(c) Prior to the sale or lease, the dealer shall present the disclosure statement for the buyer’s or lessee’s signature and then shall provide the buyer or lessee with a copy of the signed disclosure.
(Amended by Stats. 1995, Ch. 452, Sec. 2. 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 11713.7.

11713.7. Disclosure to a buyer that a vehicle has been remanufactured is required. Disclosure shall be accomplished by all of the following:
(a) Oral notification to the buyer.
(b) The statement “THIS VEHICLE HAS BEEN REMANUFACTURED AND CONTAINS USED OR RECONDITIONED PARTS” shall appear in a type size at least the same as the bulk of the text on the purchase order or conditional sales contract signed by the buyer.
(c) The statement that the vehicle is remanufactured and contains used or reconditioned parts shall appear in any advertisement pertaining to remanufactured vehicles.
(d) Remanufactured vehicles displayed for retail purposes shall be clearly designated as remanufactured. The disclosure statement required in subdivision (b) shall appear on the vehicle or at the location where the vehicles are displayed.
(Added by Stats. 1983, Ch. 1286, Sec. 37.)
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 11713.8.

11713.8. It is unlawful and a violation of this code for a remanufacturer licensed under this code to fail to do any of the following:
(a) Report to the department an existing vehicle identification number when a used frame is utilized.
(b) Die stamp the vehicle identification number to the frame of the vehicle when a new vehicle identification number is assigned.
(c) Disclose that a vehicle is remanufactured and contains used or reconditioned parts as required by Section 11713.7.
(d) Remove the trade name of the original manufacturer from the vehicle, unless the remanufacturer and the original manufacturer are same.
(e) Maintain for three years bills of sale or invoices for used parts utilized in a remanufactured vehicle.
(f) Maintain for three years proof that the vehicle was reported dismantled, as required by Section 5500 or 11520, when a used frame is utilized in a remanufactured vehicle.
(g) Disclose, on the vehicle identification number plate or label, that the vehicle is remanufactured and includes used parts.
(h) Disclose to the dealer on a document signed by the dealer that the vehicle is remanufactured and contains used parts.
(Added by Stats. 1983, Ch. 1286, Sec. 38.)
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 11713.9.

11713.9. (a) It is unlawful and a violation of this code for the holder of a dealer’s license to knowingly display for sale or offer for sale any new motor vehicle specified in subdivision (b) with an engine manufactured by a manufacturer that is not the same as the vehicle manufacturer, as defined in Section 9980, unless the vehicle is prominently labeled as specified in Section 9981.
(b) This section applies only to new passenger vehicles and to new motortrucks with an unladen weight under 6,000 pounds, except housecars.
(Added by Stats. 1984, Ch. 1264, Sec. 2.)
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 11713.10.

11713.10. It is unlawful and a violation of this code to sell a low-speed vehicle, as defined in Section 385.5, without disclosing to the buyer the vehicle’s maximum speed and the potential risks of driving a low-speed vehicle.
(Added by Stats. 1999, Ch. 140, Sec. 3. 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 11713.12.

11713.12. (a) The decal required by subdivision (c) of Section 1793.23 of the Civil Code to be affixed by a manufacturer to a motor vehicle, shall be affixed to the left front doorframe of the vehicle, or, if the vehicle does not have a left front doorframe, it shall be affixed in a location designated by the department. The decal shall specify that title to the motor vehicle has been inscribed with the notation “Lemon Law Buyback” and shall be affixed to the vehicle in a manner prescribed by the department.
(b) No person shall knowingly remove or alter any decal affixed to a vehicle pursuant to subdivision (a), whether or not licensed under this code.
(Added by Stats. 1995, Ch. 503, Sec. 6. 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 11713.14.

11713.14. (a) Notwithstanding any other provision of law, a person who purchases a vehicle that is sold through a dealer at an auction of vehicles open to the general public shall have the same rights and remedies against the dealer who conducts the auction sale as if that dealer were the owner and seller of the auctioned vehicle. The purchaser’s rights and remedies are in addition to any right or remedy he or she may have against an owner of a vehicle sold at a public auto auction.
(b) If any claim or action is filed against a dealer pursuant to subdivision (a) and the vehicle that is the subject of the claim or action was owned by a person other than the dealer at the time of sale by auction, the owner of the vehicle that consigned it to the dealer shall indemnify the dealer for any liability resulting from misrepresentations or other misconduct by the consignor.
(c) A purchaser’s rights and remedies under this section may not be waived or modified by an agreement or by a recharacterization of the sales transaction.
(Added by Stats. 1999, Ch. 672, Sec. 3. 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 11713.16.

11713.16. It is a violation of this code for the holder of any dealer’s license issued under this article to do any of the following:
(a) Advertise any used vehicle of the current or prior model-year without expressly disclosing the vehicle as “used,” “previously owned,” or a similar term that indicates that the vehicle is used, as defined in this code.
(b) Use the terms “on approved credit” or “on credit approval” in an advertisement for the sale of a vehicle unless those terms are clearly and conspicuously disclosed and unabbreviated.
(c) Advertise an amount described by terms such as “unpaid balance” or “balance can be financed” unless the total sale price is clearly and conspicuously disclosed and in close proximity to the advertised balance.
(d) Advertise credit terms that fail to comply with the disclosure requirements of Section 226.24 of Title 12 of the Code of Federal Regulations. Advertisements of terms that include escalated payments, balloon payments, or deferred downpayments shall clearly and conspicuously identify those payments as to amounts and time due.
(e) Advertise as the total sales price of a vehicle an amount that includes a deduction for a rebate. However, a dealer may advertise a separate amount that includes a deduction for a rebate provided that the advertisement clearly and conspicuously discloses, in close proximity to the amount advertised, the price of the vehicle before the rebate deduction and the amount of the rebate, each so identified. A dealer may not advertise a rebate deduction that conflicts with another advertised rebate deduction.
(f) Advertise claims such as “everyone financed,” “no credit rejected,” or similar claims unless the dealer is willing to extend credit to any person under any and all circumstances.
(g) Advertise the amount of any downpayment unless it represents the total payment required of a purchaser prior to delivery of the vehicle, including any payment for sales tax or license. Statements such as “$_____ delivers,” “$____ puts you in a new car” are examples of advertised downpayments.
(h) Advertise the price of a new vehicle or class of new vehicles unless the vehicle or vehicles have all of the equipment listed as standard by the manufacturer or distributor or the dealer has replaced the standard equipment with equipment of higher value.
(i) Fail to clearly and conspicuously disclose in an advertisement for the sale of a vehicle any disclosure required by this code or any qualifying term used in conjunction with advertised credit terms. Unless otherwise provided by statute, the specific size of disclosures or qualifying terms is not prescribed.
(Amended by Stats. 2014, Ch. 856, Sec. 3. (AB 1732) Effective January 1, 2015.)
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 11713.17.

11713.17. (a) Following the retail sale or lease of a motor vehicle for which the department issues two license plates, a dealer may not deliver the motor vehicle unless either of the following occurs:
(1) The motor vehicle is equipped with a bracket or other means of securing a front license plate.
(2) The dealer obtains a signed written acknowledgment from the person taking delivery of the motor vehicle acknowledging both of the following:
(A) The person expressly refused installation of a bracket or other means of securing the front license plate.
(B) The person understands that California law requires a license plate to be displayed from and securely fastened to the front of the motor vehicle and that the hardware necessary to securely fasten the front plate is available from the dealer.
(b) A manufacturer or distributor may not sell or distribute in this state a new motor vehicle for which the department issues two license plates, unless that motor vehicle is equipped or provided with a bracket or other means of securing the license plates.
(Added by Stats. 2004, Ch. 365, Sec. 1. Effective January 1, 2005.)