STATE STATUTES Flashcards
(36 cards)
What is the penalty for violating the disclosure provisions of the Virginia Dealer Licensing Act’s “As Is” law?
• A $1,000 civil penalty. The customer may return the vehicle.
Vehicles can be sold in Virginia “As Is” if:
- A buyers guide is completely filled out, signed, and dated by the buyer.
- The dealer provides the buyer, prior to the sale, a separate written disclosure as to the effect of an “As Is” sale.
- A disclosure is printed on the front of the buyers order.
A vehicle must be inspected:
• Between the time it comes into a dealer’s inventory and the time it is sold at retail.
If a vehicle does not pass inspection:
- The dealer may bring it into compliance.
- The dealer may deliver the vehicle with a valid rejection sticker and a written disclosure, which may be in the form of an official inspection receipt.
A dealer licensed as a franchise or independent dealer may buy and sell motorcycles, trailers and motor homes if they have the proper:
• License issued by MVDB
A second set of temporary tags may be issued to a customer if:
- The title is not available at the end of the first 30-day period.
- The vehicle is to be titled and registered out of state.
- All paper work is submitted to DMV along with an explanation as to why a second set needs to be issued.
- All required fees are submitted to the Department of Motor Vehicles before authorization of temporary tags may be issued.
When issuing temporary license plates, the dealer:
• May not charge the customer more than the fee charged the dealer for the plates.
Temporary transport plates may be issued for no more than:
• 5 days
Temporary transport plates may be used to:
• Transport vehicles from auctions or other points of purchase or sale
A salesperson’s “certificate of qualification”:
• Must be obtained before applying for a salesperson’s license.
Penalties for violating provisions of the statues pertaining to motor vehicle salespersons include:
- A civil penalty of not more than $1,000 per violation.
- Suspension of the license.
- Revocation of the license.
A new motor vehicle is defined as one which:
- Has not been previously titled.
* Has less than 7,500 miles on the odometer with a disclosure.
Any person who is licensed in another state of the United States as a motor vehicle dealer may sell vehicles at Dealer Only wholesale auctions in Virginia only after obtaining a:
• Certificate of registration.
The following must be licensed to engaged in business in Virginia:
- Motor Vehicle Dealer.
- Motor Vehicle Distributor or Manufacturer.
- Motor Vehicle Salesperson.
No salesperson shall be employed by more than one dealer, unless the dealerships are owned by the same person, partnership or corporation.
• TRUE
Each dealership must post a list of the salespersons that work there.
• TRUE
Salespersons must carry their license at all times and show it when asked.
• TRUE
Temporary certificates of ownership issued by dealers must contain:
- Date of issuance.
- Name and address of purchaser.
- The temporary plate number and vehicle identification number.
If you do not renew your salesperson’s license by the expiration date:
• You can not operate until a new license is obtained.
If a salesperson is found guilty of violating one or more of the provisions of the Virginia Dealer Laws, the Motor Vehicle Dealer Board may, after following the prescribed procedures:
- Assess a civil penalty on the salesperson of up to $1,000 per violation.
- Refuse to renew the salesperson’s license.
- Revoke/Suspend the salesperson’s license.
If a customer wishes to demonstrate a vehicle in the inventory of the dealer:
- The salesperson must accompany the customer.
- If not accompanied by the salesperson; a form must be completed and carried by the respective purchaser during the test drive.
The Motor Vehicle Transaction Recovery Fund:
• Is funded by dealers and salespersons.
The purpose of the Motor Vehicle Transaction Recovery Fund:
• Is to satisfy unpaid judgments against a dealer or salesperson that has defrauded a purchaser.
If a salesperson’s license has been revoked as a result of failure to reimburse the Motor Vehicle Transaction Recovery Fund:
• The salesperson must reimburse the fund plus eight percent interest before reapplying for a license.