Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-9 - LICENSEES TO COMPLY WITH ALL LAWS › Rule 681-9-.02 - Responsibilities of a Used Motor Vehicle Dealer

Current through Rules and Regulations filed through June 27, 2024
(1) Every used motor vehicle dealer licensed
			 in this state shall be required to comply with the laws of this state and the
			 federal government regarding the operations of a used motor vehicle dealership.
			 This includes, but is not limited to, laws that require each licensee to:
(a) Maintain an established place of business
			 as required by O.C.G.A. §
									43-47-2(3) and  
			 Board Rule
			  681-6-.01  for each location at which
			 used motor vehicle sales are conducted. The established place of business must
			 comply with local zoning standards, and proof of compliance must be provided to
			 the Board as part of the application for licensure and all subsequent requests
			 for changes of location, which must be approved by the Board;
(b) Acquire and maintain a Certificate of
			 Registration, Department of Revenue Form ST-2, commonly known as a sales &
			 use tax number certificate, as required in O.C.G.A. §
									48-8-50 and  O.C.G.A. §
									43-47-8(f), and
			 post such certificate in a conspicuous place at the established place of
			 business;
(c) Maintain proof of the
			 surety bond and certificate of liability insurance required by O.C.G.A. §
									43-47-8(g)&
			 (k) at the established place of business for inspection by the Board;
(d) Obtain a temporary site permit prior to
			 operating as a used motor vehicle dealer at any location other than the
			 established place of business approved by the Board, as required by O.C.G.A.
			 §
									43-47-8.2;
(e) Display the
			 license issued by the Board for each location in a conspicuous place at the
			 established place of business of each location licensed;
(f) Maintain for a period of three years the
			 records required by O.C.G.A. §
									43-47-12;
(g) Apply for a title in the retail
			 purchaser's name within 30 calendar days after the date of sale, as required in
			 O.C.G.A. §
									40-3-33;
(h) Complete the assignment and warranty of
			 title upon transfer of the vehicle to another person, other than by the
			 creation of a security interest as required by O.C.G.A. §
									40-3-33;
(i) Check the appropriate box on the odometer
			 disclosure statement and certificate of title, as required by O.C.G.A. §
									40-3-25;
(j) Provide the appropriate documentation to
			 a retail purchaser of a vehicle to obtain a tag for the vehicle within 30
			 calendar days after the date of purchase, as required by O.C.G.A. §
									40-2-20. These documents may
			 include, but are not limited to, a certificate of title, or an application for
			 certificate of title;
(k) Display a
			 properly completed buyer's guide on each vehicle offered for sale, as
			 prescribed by the Federal Trade Commission at  16 C.F.R. Part 455 ; provided,
			 however, that any vehicle on the premises that is not being offered for sale
			 shall be clearly labeled as "Not for Sale," until such time that the vehicle is
			 offered for sale and displayed with a buyer's guide;
(l) Properly complete a "finance contract"
			 which complies with the Federal Reserve System, Title I, Regulation Z (Truth in
			 Lending Act -  15 U.S.C. §
										1601
et seq.
;  12 C.F.R. Part 226 ) when financing vehicles which are being sold to
			 purchasers;
(m) Make application
			 for a change of name or a change of address within 30 days of the change, as
			 required by Board Rules
			  681-5-.01  and
			  681-5-.02;
(n) Make application for a new license within
			 30 days of a change of ownership, as required by Board Rule
			  681-5-.03;
(o) Obtain a bill of sale and odometer
			 statement from the individual or company from which the licensee purchased a
			 vehicle;
(p) Refuse to allow an
			 unlicensed person to sell a vehicle using the license granted by the Board to
			 the licensee, as required by O.C.G.A. §§
									43-47-10(N) and  
			  43-47-7;
(q) List the licensee's name and appropriate
			 information on the titles of all vehicles sold on consignment, as required by
			 O.C.G.A. §
									43-47-19;
(r) Obtain a passing emissions inspection on
			 all vehicles sold to purchasers who will register the vehicles in covered
			 emissions counties, as required by Department of Natural Resources Rule
			  391-3-20-.18.