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.
A temporary certificate of ownership titled and registered in Virginia:
- Is issued when the vehicle title is not available at the time of sale.
- Can only be issued for one thirty day period.
Temporary license plates:
• Should be destroyed after expiration or when permanent plates are issued.
Payments to individuals by a salesperson for procuring a customer for the salesperson:
• Can result in a civil penalty or suspension of the salesperson’s license.
Used vehicles in the inventory of a dealer that do not have a Virginia inspection sticker:
• Cannot be operated on the highway except to an inspection station.
Applications, taxes and fees collected for the Department of Motor Vehicles on behalf of the buyer must be submitted to that Agency within:
• 30 days.
If a vehicle is registered in Virginia and the owner does not have liability insurance, the penalty is an
uninsured motorist fee of:
• $500.
When a thirty-day tag is issued to a customer who does not have insurance and is going to
register the vehicle in Virginia, the dealer:
• Must handle the titling, registering and payment of fees directly with DMV.
Must collect the uninsured motor vehicle fee.
Temporary Tags and Temporary Transport Tags can be loaned to another dealer.
• FALSE
A “Demonstrator” is defined in part as a new motor vehicle which:
- Has more than 750 miles accumulated on its odometer
* Requires a written disclosure to the customer
Regarding “Internet employees” or persons who receive phone calls from Internet inquires:
- May not quote pricing over the phone without a salesperson license.
- May greet potential customers and set up appointments without a salesperson license.
What is an “Open Title”?
• One that has been signed by the titled owner leaving blank the information on the buyer.
On extended service contracts, for both parts and labor, the dealer must collect:
•Retail sales tax on one half of the retail cost of the service contract.