There is a newer version of the North Dakota Century Code
2009 North Dakota Code
39 Motor Vehicles
39-22 Motor Vehicle Dealer Licensing
Download pdfcancel a dealer's license after it has been granted for making any material misstatement by an
applicant in the application for the license; willfully failing to comply with the provisions of this
chapter or with any rule adopted by the director; knowingly permitting any person to sell or
exchange, or offer or attempt to sell or exchange any motor vehicle except for the licensed motor
vehicle dealer by whom the person is employed; willfully violating a law relating to the sale,
distribution, or financing of motor vehicles; having ceased to have an established place of
business; or having violated any state or federal law relating to alteration of odometers or vehicle
identification number. 39-22-05. Bond required. Before the issuance of a motor vehicle dealer's license, as provided by law, the applicant for the license shall furnish a continuous surety bond executed by
the applicant as principal and executed by a surety company, licensed and qualified to do
business within the state of North Dakota, which bond must run to the state of North Dakota, be
in the amount of twenty-five thousand dollars and be conditioned upon the faithful compliance by
the applicant as a dealer, if the license is issued to the dealer, that such dealer will comply with
all of the statutes of the state of North Dakota regulating or being applicable to the business of
the dealer as a dealer in motor vehicles, and indemnifying any person dealing or transacting
business with the dealer in connection with any motor vehicle from any loss or damage
occasioned by the failure of the dealer to comply with any of the provisions of this title, including
the furnishing of a proper and valid certificate of title to the motor vehicle involved in any such
transaction, and that the bond shall be filed with the director prior to the issuance of license
provided by law. The aggregate liability of the surety of all persons, however, may in no event
exceed the amount of the bond. Any third party sustaining injury within the terms of the bond
may proceed against the principal and surety without making the state a party to the
proceedings. The bond may be canceled by the surety, as to future liability, by giving written
notice by certified mail, addressed to the principal at the address stated in the bond, and to the
department. Thirty days after the mailing of the notice, the bond is null and void as to any liability
thereafter arising. The surety remains liable, subject to the terms, conditions, and provisions of
the bond until the effective date of the cancellation. 39-22-05.1. Disposition of fees. Fees from registration of dealers and fees collected from dealers found in violation of this chapter must be deposited with the state treasurer, credited
to the dealer enforcement fund, and used exclusively for enforcement of this chapter. 39-22-05.2. When bid bonds not required in bids to state or political subdivisions. A person who submits a bid to the state, any of its agencies, or any of its political subdivisions to
sell any type of motor vehicle is not required to submit a bidder's bond or a certified or cashier's
check if that person is already bonded pursuant to section 39-22-05. If the buyer requires a
performance bond, then within ten days of the awarding of the contract, the successful bidder
shall submit a performance bond to the appropriate state agency or political subdivision in an
amount equal to the contract price. 39-22-06. Motor vehicle lots - Location. A licensed dealer may establish secondary motor vehicle lots in the conduct of the dealer's business within five miles [8.05 kilometers] of the
dealer's established place of business. Secondary lots must be identified as a part of the licensed dealer's operation with a sign displaying the name and telephone number of the Page No. 1 licensed dealer. The sign must be at least thirty-two square feet [2.97 square meters] in size,
contain the name of the dealership in letters at least ten inches [25.4 centimeters] high, and be
clearly visible from the street. A licensed dealer may not display vehicles except on the dealer's
primary and secondary lots or as otherwise permitted in this chapter. The department may assess a person violating this section a one hundred dollar fee for a first violation and a two
hundred dollar fee for a second violation within two years of the first violation. The department
shall assess a fee of at least five hundred dollars but not more than two thousand dollars for a
third or subsequent violation within five years of the first violation. 39-22-07. Dealer permitting license to be used by another dealer - License revoked - Penalty. Repealed by S.L. 2001, ch. 337, § 19. 39-22-07.1. Motor vehicle sales prohibited on Sunday - Penalty. A motor vehicle dealer may not sell a motor vehicle on Sunday. A violation of this section is a class B misdemeanor. 39-22-08. Dealers to furnish information to director. Repealed by S.L. 2001, ch. 337, § 19. 39-22-09. Dealer to file list of used motor vehicles with registrar - Fees paid on used cars by dealer - Delinquency - Penalty. Repealed by S.L. 1977, ch. 369, § 1. 39-22-10. Powers of the director. In addition to other powers provided by law, the director has the following powers and duties which must be exercised in conformity with this
chapter: 1. To cancel, revoke, or suspend a dealer's license as provided for in section 39-22-04. 2. To prescribe rules and regulations not inconsistent with this chapter governing the
application for dealer's licenses and the cancellation or suspension or revocation of
dealer's licenses. 3. To employ and pay such persons as the director may deem necessary to inspect
dealers in this state, investigate dealers for the information of the director, to procure
evidence in connection with any prosecution or other action to suspend, revoke, or
cancel a dealer's license in relation to any matter in which the director has any duty
to perform. 39-22-11. Examination of books and records. The director or any duly authorized representative may inspect the pertinent books, letters, records, and contracts of any licensed
motor vehicle dealer or any other person relating to any complaint made against such dealer or
person and held to be in violation of any of the provisions of this title. In addition, any duly
authorized representative of the department may inspect the records of any licensed dealer to
verify that fees collected for the department have been properly remitted. 39-22-12. Officers to administer chapter - House car dealer, manufacturer, and distributor exemption. The director and any duly authorized representative are responsible for
the administration of this chapter. This chapter does not apply to house car dealers, manufacturers, and distributors. 39-22-13. Penalty for violation of chapter. Any person violating any of the provisions of this chapter for which another penalty is not specifically provided is guilty of a class B
misdemeanor. 39-22-14. Motor vehicle dealer license - Fees - Penalty. A person may not engage in the business of buying, selling, or exchanging of motor vehicles without possessing a current
motor vehicle dealer license. A person may not advertise or otherwise hold out to the public as
engaging in the buying, selling, or exchanging of motor vehicles for resale without possession of
a current new motor vehicle dealer license or used motor vehicle dealer license. The motor Page No. 2 vehicle dealer license fee is one hundred dollars per year and for which the department shall
issue one dealer plate. The applicant for an initial new or used motor vehicle dealer license shall
submit a nonrefundable fee of one hundred dollars for the initial inspection with the application.
The applicant shall provide the business's federal employer identification number or, in the case
of an application from an individual, social security number. The department may assess a
person violating this section a one hundred dollar fee for a first violation, a two hundred dollar fee
for a second violation within two years of the first violation, or a fee of at least five hundred dollars
but not more than two thousand dollars for a third or subsequent violation within five years of the
first violation. Any person not licensed as a dealer under this section who has been previously
found to be in violation of this section, and assessed the fees specified, is guilty of a class B
misdemeanor if a third or subsequent violation occurs. 39-22-15. Established place of business - Penalty. 1. A dealer license may not be issued until the applicant furnishes proof satisfactory to
the director that the applicant has, does, and will continue to maintain in North
Dakota an established place of business adjacent to the primary motor vehicle
display lot maintained by the dealer. An established place of business means a
permanent enclosed building of at least two hundred fifty square feet [23.22 square
meters] either owned, rented, or leased at which a permanent business of bartering,
trading, and selling of motor vehicles will be conducted and does not mean a
residence, tents, temporary stands, or other temporary quarters. The established
place of business and primary motor vehicle display lot must cover at least two
thousand five hundred square feet [232.26 square meters] and be located on
property zoned or otherwise approved for this purpose by the appropriate zoning
authority. The established place of business must be adequately heated and lighted
so as to be comfortable for customers and employees and be equipped with
standard office equipment necessary for the conduct of the business. All records
related to the business, including titles or other documents showing ownership of the
vehicles, must be kept and maintained at the established place of business. 2. An established place of business must have a telephone publicly listed in the name
of the dealership, be open to the public during normal business hours, and have a
sign identifying the business to the public as a motor vehicle dealership. The sign
must be at least thirty-two square feet [2.97 square meters] in size, contain the
name of the dealership in letters at least ten inches [25.4 centimeters] high, and be
clearly visible from the street. A business sign approved by a motor vehicle manufacturer may be used in lieu of the sign requirements of this section. 3. If the licensee desires to move from the established place of business occupied
when the license was granted to a new location, the licensee shall first secure from
the director permission to do so. The licensee must furnish proof satisfactory to the
director that the premises to which the licensee proposes to move conform with the
requirements of this section. 4. The department may assess a person violating this section a one hundred dollar fee
for a first violation or a two hundred dollar fee for a second violation within two years
of the first violation. The department may suspend the license of a motor vehicle
dealer licensed under this chapter if a third or subsequent violation of this section
occurs within five years of the first violation. 39-22-16. Application for new motor vehicle dealer license - Franchise required - Selling vehicles without a franchise - Penalty. 1. In an application for a new motor vehicle dealer license, the applicant shall furnish
proof satisfactory to the director that the applicant has a bona fide contract or
franchise in effect with a manufacturer or distributor of the new motor vehicle or
motor vehicles in which the dealer proposes to deal. A new motor vehicle dealer
license entitles the holder to deal in both used motor vehicles and in those new Page No. 3 motor vehicles only for which the dealer has a bona fide contract or franchise in
effect with a manufacturer or distributor. A used motor vehicle dealer license entitles
the holder to deal in used motor vehicles only. 2. New motor vehicle dealers who have been issued surrounding communities as a
part of their dealer area of responsibility may be issued additional new motor vehicle
dealer licenses if the manufacturer provides the department written approval of
additional sites for display and sale of motor vehicles. Applicants for additional new
car dealer licenses must meet all of the requirements of this chapter. 3. If a motor vehicle dealer purchases or holds for sale a new motor vehicle for which
the dealer does not have a bona fide contract or franchise in effect with a
manufacturer or distributor, the new motor vehicle becomes, at the time of purchase
or possession, subject to the registration provisions of chapter 39-04, the title
registration provisions of chapter 39-05, and the motor vehicle excise tax provisions
of chapter 57-40.3. 4. The department may assess a person violating this section a two hundred fifty dollar
fee for a first violation or a five hundred dollar fee for a second violation within two
years of the first violation. The department may suspend the license of a motor
vehicle dealer licensed under this chapter if a third or subsequent violation of this
section occurs within five years of the first violation. 39-22-17. Additional dealer plates - In-transit plates - Demonstration plates - Fees - Use of dealer plates - Penalty. 1. Additional dealer number plates must be issued to the dealer upon payment of a fee
of twenty dollars each. A dealer number plate may be used on any vehicle owned
by the dealership and used in the direct functions of demonstrating, buying, or
selling vehicles. Dealer plates may not be used on a service vehicle or a vehicle
used in other functions of the business, sold units in the possession of the
purchaser, by family members not residing at the dealer's residence, or by a person
not directly involved in the operation of the dealership. 2. A dealer plate displayed on a vehicle must be visibly displayed on the rear of the
vehicle. 3. The department may assess a person violating this section a one hundred dollar fee
for a first violation, a two hundred dollar fee for a second violation within two years of
the first violation, or a fee of at least five hundred dollars but not more than two
thousand dollars for a third or subsequent violation within five years of the first
violation. 39-22-18. Renewal of dealer license - Fees - Minimum sales requirement - Penalty. A dealer license issued under this chapter expires on December thirty-first of each year. A
licensed dealer may apply for renewal of the dealer's license on forms prescribed by the
department and payment of the dealer license and dealer plate fees required by this chapter.
The department shall not renew the dealer license of any applicant who has made less than four
retail motor vehicle sales during the previous year. The department may adopt administrative
rules to limit the number of dealer plates available to an applicant based on the applicant's motor
vehicle sales history. Any dealer who fails to submit a renewal application before the expiration
of the dealer's current license, in addition to all other fees due, shall pay a one hundred dollar fee
at the time the dealer's license is renewed. 39-22-19. Garage liability insurance requirement. Before the issuance of a motor vehicle dealer license, the applicant must provide proof to the department of a continuous policy
of garage liability insurance. The insurance company that issued the policy must notify the department of any cancellation, suspension, or revocation of the coverage. Any motor vehicle
dealer who fails to maintain the insurance coverage required by this section shall return the Page No. 4 dealer license and dealer number plates to the department on or before the effective date of the
cancellation, suspension, or revocation. Failure to return the dealer license or dealer number
plates results in automatic revocation by operation of law. The department may order the superintendent to take possession of any dealer license or dealer number plates not returned to
the department as required in this section. The department shall reinstate the dealer license and
dealer number plates only when proof of insurance coverage is received. 39-22-20. Display and sale of vehicles by out-of-state dealers - Offsite display and sale by instate dealers - Penalty. 1. An out-of-state motor vehicle dealer who possesses a current motor vehicle dealer
license from the dealer's home jurisdiction may participate in bona fide North Dakota
automobile shows and sales promotions after obtaining a permit from the
department. The permit must be issued upon the payment of a fee of one hundred
dollars and is valid for a period of time, not to exceed seven days, to be determined
by the department. 2. A motor vehicle dealer licensed under this chapter may participate in bona fide
automobile shows and sales promotions in this state after obtaining a permit from
the department. The permit must be issued upon the payment of a fee of twenty-five
dollars and is valid for a period of time, not to exceed seven days, to be determined
by the department. 3. The department shall deny an application for a permit if it determines the applicant
does not intend to participate in a bona fide show or promotion. 4. The department may assess a person violating this section a one hundred dollar fee
for a first violation, a two hundred dollar fee for a second violation within two years of
the first violation, or a fee of at least five hundred dollars but not more than two
thousand dollars for a third or subsequent violation within five years of the first
violation. 39-22-21. Consignment vehicles - Penalty. 1. A motor vehicle dealer may sell a motor vehicle consigned to the dealer by a motor
vehicle owner, except when the owner is a licensed motor vehicle dealer, under the
terms of a consignment contract between the owner and the dealer. However, a
motor vehicle dealer may sell a collector motor vehicle consigned to the dealer by an
owner that is a licensed motor vehicle dealer. The consignment contract form must
specify the terms of the agreement between the owner and the dealer, specify the
location of the motor vehicle certificate of title, and must be approved by the
department. 2. The department may assess a person violating this section a one hundred dollar fee
for a first violation, a two hundred dollar fee for a second violation within two years of
the first violation, or a fee of at least five hundred dollars but not more than two
thousand dollars for a third or subsequent violation within five years of the first
violation. 39-22-22. Operators of motor vehicle display lots - Permit required - Fee - Records required - Penalty. 1. A person not licensed as a motor vehicle dealer may operate display lots on which
the owner of a vehicle may display the vehicle for sale. The display lot must be
located on property zoned or otherwise approved for this purpose by the appropriate
zoning authority. The display lot operator must obtain an annual permit from the
department to operate the lot. The annual fee for the permit is fifty dollars. Page No. 5 2. The display lot operator must provide the department with proof of a liability
insurance policy with a minimum coverage of three hundred thousand dollars. The
display lot must have a prominent sign identifying the business and the telephone
number of the business owner. The sign must be at least thirty-two square feet
[2.97 square meters] in size, contain the name of the display lot operator in letters at
least ten inches [25.4 centimeters] high, and be clearly visible from the street. 3. The display lot operator, before providing space to a vehicle owner, must verify that
the person renting the space is the owner of the displayed vehicle and keep records
for at least one year after the rental of a space verifying compliance with this
requirement. A licensed motor vehicle dealer may not operate a display lot on property that is part of the licensed dealership. The department may inspect the
records of the display lot operator related to any complaint made against the
operator. 4. The department may assess a person violating this section a one hundred dollar fee
for a first violation, a two hundred dollar fee for a second violation within two years of
the first violation, or a fee of at least five hundred dollars but not more than two
thousand dollars for a third or subsequent violation within five years of the first
violation. 39-22-23. Auto auction operators - License required - Records required - Penalty. 1. A person may not operate a wholesale or retail auto auction business without being
licensed as a motor vehicle dealer. An auto auction operator must keep records
related to the seller and purchaser of all vehicles sold through the operator's
business for at least two years and make those records available to the director or
an authorized representative of the director upon reasonable request. 2. The department may assess a person violating this section a one hundred dollar fee
for a first violation and a two hundred dollar fee for a second violation within two
years of the first violation. The department may suspend the license of a motor
vehicle dealer licensed under this chapter if a third or subsequent violation of this
section occurs within five years of the first violation. 39-22-24. Factory store prohibited - Penalty. A manufacturer, importer, or distributor of new motor vehicles, or a subsidiary thereof, may not own, operate, or control a motor vehicle
dealership in this state. This section does not apply if: 1. The ownership and operation is for a temporary period not to exceed one year
during the transition from one owner or operator to another; 2. The dealership is being sold under a bona fide contract or purchase option to the
operator of the dealership, or a contract exists under which the operator of the
dealership can expect to acquire full ownership of or a controlling interest in the
dealership, and after the transfer of ownership is completed the dealership will not
be owned, operated, or controlled by the manufacturer, importer, or distributor, or a
subsidiary thereof; or 3. The department determines there is no prospective independent dealer available to
own or operate the dealership in a manner consistent with the public interest and
meeting the requirements of this chapter. Any person violating this section is guilty of a class A misdemeanor. 39-22-25. Direct manufacturer sales prohibited - Penalty. A manufacturer or franchiser may not offer to sell directly or sell indirectly, any new motor vehicle to a consumer in
this state, except through a new motor vehicle dealer holding a franchise for the line make
covering the new motor vehicle. This section does not apply to manufacturer or franchiser sales Page No. 6 of new motor vehicles to the federal government, charitable organizations, or employees of the
manufacturer or franchiser. Any person violating this section is guilty of a class A misdemeanor. 39-22-26. Brokering of motor vehicles prohibited - Penalty. A person may not act as, offer to act as, or hold out to be a motor vehicle broker. As used in this section, a broker is a
person who, for a fee, commission, or other valuable consideration, arranges or offers to arrange
a transaction involving the sale or exchange of a motor vehicle, and who is not: 1. A dealer or a bona fide agent or employee of a dealer; 2. A representative or a bona fide agent or employee of a manufacturer; 3. The bona fide owner of the motor vehicle involved in the transaction; or 4. A bona fide auctioneer conducting an auction involving motor vehicles not owned by
the auctioneer. Any person violating this section is guilty of a class A misdemeanor. 39-22-27. Collector motor vehicle auctions. 1. A person may engage in the business of conducting a collector motor vehicle
auction without obtaining a motor vehicle dealer's license as otherwise required by
this chapter if: a. Each motor vehicle sold or offered for sale at the auction is a collector, antique,
or special interest vehicle; b. The sale is open to the public; c. The person conducts no more than two collector motor vehicle auctions per
year; d. The site of the auction is located on property zoned or otherwise approved for
this purpose by the appropriate zoning authority; and e. The auction lasts no more than two days. 2. Collector motor vehicle auctions that comply with this section may be conducted any
day of the week and sections 39-22-07.1 and 39-22-20 do not apply to motor vehicle
dealers who participate in collector motor vehicle auctions. 3. A collector motor vehicle is a vehicle that is at least twenty-five years old; an antique
motor vehicle is a vehicle that is at least forty years old; and a special interest
vehicle is a vehicle that has an appreciating value because of rarity, originality, or
limited production of an anniversary edition. Page No. 7 Document Outline chapter 39-22 motor vehicle dealer licensing
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