2010 California Code
Vehicle Code
Article 1. Issuance Of Licenses And Certificates To Manufacturers, Transporters, And Dealers

11700.  No person shall act as a dealer, remanufacturer,
manufacturer, or transporter, or as a manufacturer branch,
remanufacturer branch, distributor, or distributor branch, without
having first been issued a license as required in Section 11701 or
temporary permit issued by the department, except that, when the
license or temporary permit has been canceled, suspended, or revoked
or has expired, any vehicle in the dealer's inventory and owned by
the dealer when the dealer ceased to be licensed may be sold at
wholesale to a licensed dealer. The former licensee shall give the
purchasing dealer a statement of facts stating that the seller is not
a licensed dealer. Any vehicle on consignment with the dealer when
the dealer ceased to be licensed shall be returned to the consignor.
Any vehicle in the dealer's possession, but not owned by the dealer
and not on consignment when the dealer ceased to be licensed, shall
be returned to the owner of the vehicle.



11700.1.  A dealer who does not have an established place of
business in this state but who is currently authorized to do business
as, and who has an established place of business as, a vehicle
dealer in another state is not subject to licensure under this
article if the business transacted in California is limited to the
importation of vehicles for sale to, or the export of vehicles
purchased from, persons licensed in California under this chapter.



11700.2.  A dealer who obtains an autobroker's endorsement to his or
her dealer's license is subject to all of the licensing,
advertising, and other statutory and regulatory requirements and
prohibitions applicable to a dealer, regardless of whether that
dealer acts as the buyer of a vehicle, the seller of a vehicle, or
provides brokering services on behalf of another or others for the
purpose of arranging, negotiating, assisting, or effectuating the
sale of a vehicle not owned by that dealer.



11700.3.  No person may aid and abet a person in the performance of
any act in violation of this chapter.



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.


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.



11703.  The department may refuse to issue a license to a
manufacturer, manufacturer branch, remanufacturer, remanufacturer
branch, distributor, distributor branch, transporter, or dealer, if
it determines any of the following:
   (a) The applicant was previously the holder, or a managerial
employee of the holder, of a license issued under this chapter which
was revoked for cause and never reissued by the department, or which
was suspended for cause and the terms of suspension have not been
fulfilled.
   (b) The applicant was previously a business representative of a
business whose license issued under this chapter was revoked for
cause and never reissued or was suspended for cause and the terms of
suspension have not been fulfilled.
   (c) If the applicant is a business, a business representative of
the business was previously the holder of a license, or was a
business representative of a business whose license, issued under
this chapter was revoked for cause and never reissued or was
suspended for cause and the terms of suspension have not been
fulfilled; or, by reason of the facts and circumstances related to
the organization, control, and management of the business, the
operation of that business will be directed, controlled, or managed
by individuals who, by reason of their conviction of violations of
the provisions of this code, would be ineligible for a license and,
by licensing the business, the purposes of this chapter would be
defeated.
   (d) The applicant, or a business representative if the applicant
is a business, has been convicted of a crime or committed an act or
engaged in conduct involving moral turpitude which is substantially
related to the qualifications, functions, or duties of the licensed
activity. A conviction after a plea of nolo contendere is a
conviction within the meaning of this section.
   (e) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
   (f) The information contained in the application is incorrect.
   (g) Upon investigation, the business history required by Section
11704 contains incomplete or incorrect information, or reflects
substantial business irregularities.
   (h) A decision of the department to cancel, suspend, or revoke a
license has been made and the applicant was a business representative
of the business regulated under that license.
   (i) The applicant has failed to repay the full amount of a claim
paid by the Consumer Motor Vehicle Recovery Corporation, plus
interest at the rate of 10 percent per annum. The dealer or
lessor-retailer's discharge in bankruptcy shall not relieve the
dealer or lessor-retailer from the provisions of this subdivision,
except to the extent, if any, mandated by bankruptcy law.



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.



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.



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.



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.



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.



11704.5.  (a) Except as provided in subdivision (e), every person
who applies for a dealer's license pursuant to Section 11701 for the
purpose of transacting sales of used vehicles on a retail or
wholesale basis only shall be required to take and successfully
complete a written examination prepared and administered by the
department before a license may be issued. The examination shall
include, but need not be limited to, all of the following laws and
subjects:
   (1) Division 12 (commencing with Section 24000), relating to
equipment of vehicles.
   (2) Advertising.
   (3) Odometers.
   (4) Vehicle licensing and registration.
   (5) Branch locations.
   (6) Offsite sales.
   (7) Unlawful dealer activities.
   (8) Handling, completion, and disposition of departmental forms.
   (b) Prior to the first taking of an examination under subdivision
(a), every applicant shall successfully complete a preliminary
educational program of not less than four hours. The program shall
address, but not be limited to, all of the following topics:
   (1) Chapter 2B (commencing with Section 2981) of Title 14 of Part
4 of Division 3 of the Civil Code, relating to motor vehicle sales
finance.
   (2) Motor vehicle financing.
   (3) Truth in lending.
   (4) Sales and use taxes.
   (5) Division 12 (commencing with Section 24000), relating to
equipment of vehicles.
   (6) Advertising.
   (7) Odometers.
   (8) Vehicle licensing and registration.
   (9) Branch locations.
   (10) Offsite sales.
   (11) Unlawful dealer activities.
   (12) Air pollution control requirements.
   (13) Regulations of the Bureau of Automotive Repair.
   (14) Handling, completion, and disposition of departmental forms.
   (c) (1) Except as provided in paragraph (2) or (3), every dealer
who is required to complete a written examination and an educational
program pursuant to subdivisions (a) and (b) and who is thereafter
issued a dealer's license shall successfully complete, every two
years after issuance of that license, an educational program of not
less than four hours that offers instruction in the subjects listed
under subdivision (a) and the topics listed under subdivision (b), in
order to maintain or renew that license.
   (2) A dealer is not required to complete the educational program
set forth in paragraph (1) if the educational program is completed by
a managerial employee employed by the dealer.
   (3) Paragraph (1) does not apply to dealers who sell vehicles on a
wholesale basis only and who, in a one-year period, deal with less
than 50 vehicles that are subject to registration.
   (d) Instruction described in subdivisions (b) and (c) may be
provided by generally accredited educational institutions, private
vocational schools, and educational programs and seminars offered by
professional societies, organizations, trade associations, and other
educational and technical programs that meet the requirements of this
section or by the department.
   (e) This section does not apply to any of the following:
   (1) An applicant for a new vehicle dealer's license or any
employee of that dealer.
   (2) A person who holds a valid license as an automobile
dismantler, an employee of that dismantler, or an applicant for an
automobile dismantler's license.
   (3) An applicant for a motorcycle only dealer's license or any
employee of that dealer.
   (4) An applicant for a trailer only dealer's license or any
employee of that dealer.
   (5) An applicant for an all-terrain only dealer's license or any
employee of that dealer.



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).



11705.  (a) The department, after notice and hearing, may suspend or
revoke the license issued to a dealer, transporter, manufacturer,
manufacturer branch, remanufacturer, remanufacturer branch,
distributor, or distributor branch upon determining that the person
to whom the license was issued is not lawfully entitled thereto, or
has done any of the following:
   (1) Filed an application for the license using a false or
fictitious name not registered with the proper authorities, or
knowingly made a false statement or knowingly concealed a material
fact, in the application for the license.
   (2) Made, or knowingly or negligently permitted, an illegal use of
the special plates issued to the licensee.
   (3) Used a false or fictitious name, knowingly made a false
statement, or knowingly concealed a material fact, in an application
for the registration of a vehicle, or otherwise committed a fraud in
the application.
   (4) Failed to deliver to a transferee lawfully entitled thereto a
properly endorsed certificate of ownership.
   (5) Knowingly purchased, sold, or otherwise acquired or disposed
of a stolen motor vehicle.
   (6) Failed to provide and maintain a clear physical division
between the type of business licensed pursuant to this chapter and
any other type of business conducted at the established place of
business.
   (7) Willfully violated Section 3064 or 3065 or any rule or
regulation adopted pursuant thereto.
   (8) Violated any provision of Division 3 (commencing with Section
4000) or any rule or regulation adopted pursuant thereto, or
subdivision (a) of Section 38200.
   (9) Violated any provision of Division 4 (commencing with Section
10500) or any rule or regulation adopted pursuant thereto.
   (10) Violated any provision of Article 1 (commencing with Section
11700) of Chapter 4 of Division 5 or any rule or regulation adopted
pursuant thereto.
   (11) Violated any provision of Part 5 (commencing with Section
10701) of Division 2 of the Revenue and Taxation Code or any rule or
regulation adopted pursuant thereto.
   (12) Violated any provision of Chapter 2b (commencing with Section
2981) of Title 14 of Part 4 of Division 3 of the Civil Code or any
rule or regulation adopted pursuant thereto.
   (13) Submitted a check, draft, or money order to the department
for any obligation or fee due the state which was dishonored or
refused payment upon presentation.
   (14) Has caused any person to suffer any loss or damage by reason
of any fraud or deceit practiced on that person or fraudulent
representations made to that person in the course of the licensed
activity.
   For purposes of this paragraph, "fraud" includes any act or
omission which is included within the definition of either "actual
fraud" or "constructive fraud" as defined in Sections 1572 and 1573
of the Civil Code, and "deceit" has the same meaning as defined in
Section 1710 of the Civil Code. In addition, "fraud" and "deceit"
include, but are not limited to, a misrepresentation in any manner,
whether intentionally false or due to gross negligence, of a material
fact; a promise or representation not made honestly and in good
faith; an intentional failure to disclose a material fact; and any
act within Section 484 of the Penal Code.
   For purposes of this paragraph, "person" also includes a
governmental entity.
   (15) Failed to meet the terms and conditions of an agreement
entered into pursuant to Section 11707.
   (16) Violated Section 43151, 43152, or 43153 of, or subdivision
(b) of Section 44072.10 of, the Health and Safety Code.
   (17) Failed to repay a claim paid by the Consumer Motor Vehicle
Recovery Corporation as provided in subdivision (i) of Section 11703.
   (b) Any of the causes specified in this chapter as a cause for
refusal to issue a license to a transporter, manufacturer,
manufacturer branch, remanufacturer, remanufacturer branch,
distributor, distributor branch, or dealer applicant is cause to
suspend or revoke a license issued to a transporter, manufacturer,
manufacturer branch, remanufacturer, remanufacturer branch,
distributor, distributor branch, or dealer.
   (c) Except as provided in Section 11707, every hearing 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.



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.




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.



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.



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.



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.



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."



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."




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.


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.



11710.  (a) Before any dealer's or remanufacturer's license is
issued or renewed by the department to any applicant therefor, the
applicant shall procure and file with the department a bond executed
by an admitted surety insurer, approved as to form by the Attorney
General, and conditioned that the applicant shall not practice any
fraud or make any fraudulent representation which will cause a
monetary loss to a purchaser, seller, financing agency, or
governmental agency.
   (b) A dealer's bond shall be in the amount of fifty thousand
dollars ($50,000), except the bond of a dealer who deals exclusively
in motorcycles or all-terrain vehicles shall be in the amount of ten
thousand dollars ($10,000). Before the license is renewed by the
department, the dealer, other than a dealer who deals exclusively in
motorcycles or all-terrain vehicles, shall procure and file a bond in
the amount of fifty thousand dollars ($50,000). A remanufacturer
bond shall be in the amount of fifty thousand dollars ($50,000).
   (c) Liability under the bond is to remain at full value. If the
amount of liability under the bond is decreased or there is
outstanding a final court judgment for which the dealer or
remanufacturer and sureties are liable, the dealer's or
remanufacturer's license shall be automatically suspended. In order
to reinstate the license and special plates, the licensee shall
either file an additional bond or restore the bond on file to the
original amount, or shall terminate the outstanding judgment for
which the dealer or remanufacturer and sureties are liable.
   (d) A dealer's or remanufacturer's license, or renewal of the
license, shall not be issued to any applicant therefor, unless and
until the applicant files with the department a good and sufficient
instrument, in writing, in which the applicant appoints the director
as the true and lawful agent of the applicant upon whom all process
may be served in any action, or actions, which may thereafter be
commenced against the applicant, arising out of any claim for damages
suffered by any firm, person, association, or corporation, by reason
of the violation of the applicant of any of the terms and provisions
of this code or any condition of the dealer's or remanufacturer's
bond. The applicant shall stipulate and agree in the appointment that
any process directed to the applicant, when personal service of
process upon the applicant cannot be made in this state after due
diligence and, in that case, is served upon the director or, in the
event of the director's absence from the office, upon any employee in
charge of the office of the director, shall be of the same legal
force and effect as if served upon the applicant personally. The
applicant shall further stipulate and agree, in writing, that the
agency created by the appointment shall continue for and during the
period covered by any license that may be issued and so long
thereafter as the applicant may be made to answer in damages for a
violation of this code or any condition of the bond. The instrument
appointing the director as the agent for the applicant for service of
process shall be acknowledged by the applicant before a notary
public. In any case where the licensee is served with process by
service upon the director, one copy of the summons and complaint
shall be left with the director or in the director's office in
Sacramento or mailed to the office of the director in Sacramento. A
fee of five dollars ($5) shall also be paid to the director at the
time of service of the copy of the summons and complaint. Service on
the director shall be a sufficient service on the licensee if a
notice of service and a copy of the summons and complaint are
immediately sent by registered mail by the plaintiff or the plaintiff'
s attorney to the licensee. A copy of the summons and complaint shall
also be mailed by the plaintiff or the plaintiff's attorney to the
surety on the applicant's bond at the address of the surety given in
the bond, postpaid and registered with request for return receipt.
The director shall keep a record of all process so served upon the
director, which record shall show the day and hour of service and
shall retain the summons and complaint so served on file. Where the
licensee is served with process by service upon the director, the
licensee shall have and be allowed 30 days from and after the service
within which to answer any complaint or other pleading which may be
filed in the cause. However, for purposes of venue, where the
licensee is served with process by service upon the director, the
service is deemed to have been made upon the licensee in the county
in which the licensee has or last had an established place of
business.



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).


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.




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).



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.




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.



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.



11713.  No holder of any license issued under this article shall do
any of the following:
   (a) Make or disseminate, or cause to be made or disseminated,
before the public in this state, in any newspaper or other
publication, or any advertising device, or by public outcry or
proclamation, or in any other manner or means whatever, any statement
which is untrue or misleading and which is known, or which by the
exercise of reasonable care should be known, to be untrue or
misleading; or to so make or disseminate, or cause to be so
disseminated, any statement as part of a plan or scheme with the
intent not to sell any vehicle or service so advertised at the price
stated therein, or as so advertised.
   (b) (1) (A) Advertise or offer for sale or exchange in any manner,
any vehicle not actually for sale at the premises of the dealer or
available to the dealer directly from the manufacturer or distributor
of the vehicle at the time of the advertisement or offer. However, a
dealer who has been issued an autobroker's endorsement to his or her
dealer's license may advertise his or her service of arranging or
negotiating the purchase of a new motor vehicle from a franchised new
motor vehicle dealer and may specify the line-makes and models of
those new vehicles. Autobrokering service advertisements may not
advertise the price or payment terms of any vehicle and shall
disclose that the advertiser is an autobroker or auto buying service,
and shall clearly and conspicuously state the following: "All new
cars arranged for sale are subject to price and availability from the
selling franchised new car dealer."
   (B) As to printed advertisements, the disclosure statement
required by subparagraph (A) shall be printed in not less than
10-point bold type size and shall be textually segregated from the
other portions of the printed advertisement.
   (2) Notwithstanding subparagraph (A), classified advertisements
for autobrokering services that measure two column inches or less are
exempt from the disclosure statement in subparagraph (A) pertaining
to price and availability.
   (3) Radio advertisements of a duration of less than 11 seconds
that do not reference specific line-makes or models of motor vehicles
are exempt from the disclosure statement required in subparagraph
(A).
   (c) Fail, within 48 hours, in writing to withdraw any
advertisement of a vehicle that has been sold or withdrawn from sale.
   (d) Advertise or represent a vehicle as a new vehicle if the
vehicle is a used vehicle.
   (e) Engage in the business for which the licensee is licensed
without having in force and effect a bond as required by this
article.
   (f) Engage in the business for which the dealer is licensed
without at all times maintaining an established place of business as
required by this code.
   (g) Include, as an added cost to the selling price of a vehicle,
an amount for licensing or transfer of title of the vehicle, which is
not due to the state unless, prior to the sale, that amount has been
paid by a dealer to the state in order to avoid penalties that would
have accrued because of late payment of the fees. However, a dealer
may collect from the second purchaser of a vehicle a prorated fee
based upon the number of months remaining in the registration year
for that vehicle, if the vehicle had been previously sold by the
dealer and the sale was subsequently rescinded and all the fees that
were paid, as required by this code and Chapter 2 (commencing with
Section 10751) of Division 2 of the Revenue and Taxation Code, were
returned to the first purchaser of the vehicle.
   (h) Employ any person as a salesperson who has not been licensed
pursuant to Article 2 (commencing with Section 11800), and whose
license is not displayed on the premises of the dealer as required by
Section 11812, or willfully fail to notify the department by mail
within 10 days of the employment or termination of employment of a
salesperson.
   (i) Deliver, following the sale, a vehicle for operation on
California highways, if the vehicle does not meet all of the
equipment requirements of Division 12 (commencing with Section
24000). This subdivision does not apply to the sale of a leased
vehicle to the lessee if the lessee is in possession of the vehicle
immediately prior to the time of the sale and the vehicle is
registered in this state.
   (j) Use, or permit the use of, the special plates assigned to him
or her for any purpose other than as permitted by Section 11715.
   (k) Advertise or otherwise represent, or knowingly allow to be
advertised or represented on behalf of, or at the place of business
of, the licenseholder that no downpayment is required in connection
with the sale of a vehicle when a downpayment is in fact required and
the buyer is advised or induced to finance the downpayment by a loan
in addition to any other loan financing the remainder of the
purchase price of the vehicle. The terms "no downpayment," "zero down
delivers," or similar terms shall not be advertised unless the
vehicle will be sold to any qualified purchaser without a prior
payment of any kind or trade-in.
   (l) Participate in the sale of a vehicle required to be reported
to the Department of Motor Vehicles under Section 5900 or 5901
without making the return and payment of the full sales tax due and
required by Section 6451 of the Revenue and Taxation Code.
   (m) Permit the use of the dealer's license, supplies, or books by
any other person for the purpose of permitting that person to engage
in the purchase or sale of vehicles required to be registered under
this code, or permit the use of the dealer's license, supplies, or
books to operate a branch location to be used by any other person,
whether or not the licensee has any financial or equitable interest
or investment in the vehicles purchased or sold by, or the business
of, or branch location used by, the other person.
   (n) Violate any provision of Article 10 (commencing with Section
28050) of Chapter 5 of Division 12.
   (o) Sell a previously unregistered vehicle without disclosing in
writing to the purchaser the date on which any manufacturer's or
distributor's warranty commenced.
   (p) Accept a purchase deposit relative to the sale of a vehicle,
unless the vehicle is present at the premises of the dealer or
available to the dealer directly from the manufacturer or distributor
of the vehicle at the time the dealer accepts the deposit. Purchase
deposits accepted by an autobroker when brokering a retail sale shall
be governed by Sections 11736 and 11737.
   (q) Consign for sale to another dealer a new vehicle.
   (r) Display a vehicle for sale at a location other than an
established place of business authorized by the department for that
dealer or display a new motor vehicle at the business premises of
another dealer registered as an autobroker. This subdivision does not
apply to the display of a vehicle pursuant to subdivision (b) of
Section 11709 or the demonstration of the qualities of a motor
vehicle by way of a test drive.
   (s) Use a picture in connection with any advertisement of the
price of a specific vehicle or class of vehicles, unless the picture
is of the year, make and model being offered for sale. The picture
shall not depict a vehicle with optional equipment or a design not
actually offered at the advertised price.
   (t) Advertise a vehicle for sale that was used by the selling
licensee in its business as a demonstrator, executive vehicle,
service vehicle, rental, loaner, or lease vehicle, unless the
advertisement clearly and conspicuously discloses the previous use
made by that licensee of the vehicle. An advertisement shall not
describe any of those vehicles as "new."



11713.1.  It is a violation of this code for the holder of a dealer'
s license issued under this article to do any of the following:
   (a) Advertise a specific vehicle for sale without identifying the
vehicle by its model, model-year, and either its license number or
that portion of the vehicle identification number that distinguishes
the vehicle from all other vehicles of the same make, model, and
model-year. Model-year is not required to be advertised for current
model-year vehicles. Year models are no longer current when ensuing
year models are available for purchase at retail in California. Any
advertisement that offers for sale a class of new vehicles in a
dealer's inventory, consisting of five or more vehicles, that are all
of the same make, model, and model-year is not required to include
in the advertisement the vehicle identification numbers or license
numbers of those vehicles.
   (b) Advertise the total price of a vehicle without including all
costs to the purchaser at time of sale, except taxes, vehicle
registration fees, the California tire fee, as defined in Section
42885 of the Public Resources Code, emission testing fees not
exceeding fifty dollars ($50), actual fees charged for certificates
pursuant to Section 44060 of the Health and Safety Code, finance
charges, and any dealer document preparation charge. The dealer
document preparation charge shall not exceed fifty-five dollars
($55).
   (c) (1) Exclude from an advertisement of a vehicle for sale that
there will be added to the advertised total price at the time of
sale, charges for sales tax, vehicle registration fees, the
California tire fee, the fee charged by the state for the issuance of
a certificate of compliance or noncompliance pursuant to a statute,
finance charges, and a dealer document preparation charge.
   (2) The obligations imposed by paragraph (1) are satisfied by
adding to the advertisement a statement containing no abbreviations
and that is worded in substantially the following form: "Plus
government fees and taxes, any finance charges, any dealer document
preparation charge, and any emission testing charge."
   (3) For purposes of paragraph (1), "advertisement" means an
advertisement in a newspaper, magazine, or direct mail publication
that is two or more columns in width or one column in width and more
than seven inches in length, or on a Web page of a dealer's Internet
Web site that displays the price of a vehicle offered for sale on the
Internet, as that term is defined in paragraph (6) of subdivision
(e) of Section 17538 of the Business and Professions Code.
   (d) Represent the dealer document preparation charge or
certificate of compliance or noncompliance fee, as a governmental
fee.
   (e) Fail to sell a vehicle to a person at the advertised total
price, exclusive of taxes, vehicle registration fees, the California
tire fee, the fee charged by the state for the issuance of a
certificate of compliance or noncompliance pursuant to a statute,
finance charges, mobilehome escrow fees, the amount of a city,
county, or city and county imposed fee or tax for a mobilehome, and a
dealer document preparation charge, which charges shall not exceed
fifty-five dollars ($55) for the document preparation charge and not
to exceed fifty dollars ($50) for emission testing plus the actual
fees charged for certificates pursuant to Section 44060 of the Health
and Safety Code, while the vehicle remains unsold, unless the
advertisement states the advertised total price is good only for a
specified time and the time has elapsed. Advertised vehicles shall be
sold at or below the advertised total price, with statutorily
permitted exclusions, regardless of whether the purchaser has
knowledge of the advertised total price.
   (f) (1) Advertise for sale, sell, or purchase for resale a new
vehicle of a line-make for which the dealer does not hold a
franchise.
   (2) This subdivision does not apply to a transaction involving the
following:
   (A) A mobilehome.
   (B) A recreational vehicle as defined in Section 18010 of the
Health and Safety Code.
   (C) A commercial coach, as defined in Section 18001.8 of the
Health and Safety Code.
   (D) An off-highway motor vehicle subject to identification as
defined in Section 38012.
   (E) A manufactured home.
   (F) A new vehicle that will be substantially altered or modified
by a converter prior to resale.
   (G) A commercial vehicle with a gross vehicle weight rating of
more than 10,000 pounds.
   (H) A vehicle purchased for export and exported outside the
territorial limits of the United States without being registered with
the department.
   (I) A vehicle acquired in the ordinary course of business as a new
vehicle by a dealer franchised to sell that vehicle, if all of the
following apply:
   (i) The manufacturer or distributor of the vehicle files a
bankruptcy petition.
   (ii) The franchise agreement of the dealer is terminated,
canceled, or rejected by the manufacturer or distributor as part of
the bankruptcy proceedings and the termination, cancellation, or
rejection is not a result of the revocation by the department of the
dealer's license or the dealer's conviction of a crime.
   (iii) The vehicle is held in the inventory of the dealer on the
date the bankruptcy petition is filed.
   (iv) The vehicle is sold by the dealer within six months of the
date the bankruptcy petition is filed.
   (3) Subparagraph (I) of paragraph (2) does not entitle a dealer
whose franchise agreement has been terminated, canceled, or rejected
to continue to perform warranty service repairs or continue to be
eligible to offer or receive consumer or dealer incentives offered by
the manufacturer or distributor.
   (g) Sell a park trailer, as specified in Section 18009.3 of the
Health and Safety Code, without disclosing in writing to the
purchaser that a park trailer is required to be moved by a
transporter or a licensed manufacturer or dealer under a permit
issued by the Department of Transportation or a local authority with
respect to highways under their respective jurisdictions.
   (h) Advertise free merchandise, gifts, or services provided by a
dealer contingent on the purchase of a vehicle. "Free" includes
merchandise or services offered for sale at a price less than the
seller's cost of the merchandise or services.
   (i) (1) Advertise vehicles, and related goods or services, at a
specified dealer price, with the intent not to supply reasonably
expectable demand, unless the advertisement discloses the number of
vehicles in stock at the advertised price. In addition, whether or
not there are sufficient vehicles in stock to supply a reasonably
expectable demand, when phrases such as "starting at," "from,"
"beginning as low as," or words of similar import are used in
reference to an advertised price, the advertisement shall disclose
the number of vehicles available at that advertised price.
   (2) For purposes of this subdivision, in a newspaper advertisement
for a vehicle that is two model-years old or newer, the actual
phrase that states the number of vehicles in stock at the advertised
price shall be printed in a type size that is at least equal to
one-quarter of the type size, and in the same style and color of
type, used for the advertised price. However, in no case shall the
phrase be printed in less than 8-point type size, and the phrase
shall be disclosed immediately above, below, or beside the advertised
price without intervening words, pictures, marks, or symbols.
   (3) The disclosure required by this subdivision is in addition to
any other disclosure required by this code or any regulation
regarding identifying vehicles advertised for sale.
   (j) Use "rebate" or similar words, including, but not limited to,
"cash back," in advertising the sale of a vehicle unless the rebate
is expressed in a specific dollar amount and is in fact a rebate
offered by the vehicle manufacturer or distributor directly to the
retail purchaser of the vehicle or to the assignee of the retail
purchaser.
   (k) Require a person to pay a higher price for a vehicle and
related goods or services for receiving advertised credit terms than
the cash price the same person would have to pay to purchase the same
vehicle and related goods or services. For the purpose of this
subdivision, "cash price" has the meaning as defined in subdivision
(e) of Section 2981 of the Civil Code.
   (l) Advertise a guaranteed trade-in allowance.
   (m) Misrepresent the authority of a salesperson, representative,
or agent to negotiate the final terms of a transaction.
   (n) (1) Use "invoice," "dealer's invoice," "wholesale price," or
similar terms that refer to a dealer's cost for a vehicle in an
advertisement for the sale of a vehicle or advertise that the selling
price of a vehicle is above, below, or at either of the following:
   (A) The manufacturer's or distributor's invoice price to a dealer.
   (B) A dealer's cost.
   (2) This subdivision does not apply to either of the following:
   (A) A communication occurring during face-to-face negotiations for
the purchase of a specific vehicle if the prospective purchaser
initiates a discussion of the vehicle's invoice price or the dealer's
cost for that vehicle.
   (B) A communication between a dealer and a prospective commercial
purchaser that is not disseminated to the general public. For
purposes of this subparagraph, a "commercial purchaser" means a
dealer, lessor, lessor-retailer, manufacturer, remanufacturer,
distributor, financial institution, governmental entity, or person
who purchases 10 or more vehicles during a year.
   (o) Violate a law prohibiting bait and switch advertising,
including, but not limited to, the guides against bait advertising
set forth in Part 238 (commencing with Section 238) of Title 16 of
the Code of Federal Regulations, as those regulations read on January
1, 1988.
   (p) Make an untrue or misleading statement indicating that a
vehicle is equipped with all the factory-installed optional equipment
the manufacturer offers, including, but not limited to, a false
statement that a vehicle is "fully factory equipped."
   (q) Affix on a new vehicle a supplemental price sticker containing
a price that represents the dealer's asking price that exceeds the
manufacturer's suggested retail price unless all of the following
occur:
   (1) The supplemental sticker clearly and conspicuously discloses
in the largest print appearing on the sticker, other than the print
size used for the dealer's name, that the supplemental sticker price
is the dealer's asking price, or words of similar import, and that it
is not the manufacturer's suggested retail price.
   (2) The supplemental sticker clearly and conspicuously discloses
the manufacturer's suggested retail price.
   (3) The supplemental sticker lists each item that is not included
in the manufacturer's suggested retail price, and discloses the
additional price of each item. If the supplemental sticker price is
greater than the sum of the manufacturer's suggested retail price and
the price of the items added by the dealer, the supplemental sticker
price shall set forth that difference and describe it as "added
mark-up."
   (r) Advertise an underselling claim, including, but not limited
to, "we have the lowest prices" or "we will beat any dealer's price,"
unless the dealer has conducted a recent survey showing that the
dealer sells its vehicles at lower prices than another licensee in
its trade area and maintains records to adequately substantiate the
claims. The substantiating records shall be made available to the
department upon request.
   (s) (1) Advertise an incentive offered by the manufacturer or
distributor if the dealer is required to contribute to the cost of
the incentive as a condition of participating in the incentive
program, unless the dealer discloses in a clear and conspicuous
manner that dealer participation may affect consumer cost.
   (2) For purposes of this subdivision, "incentive" means anything
of value offered to induce people to purchase a vehicle, including,
but not limited to, discounts, savings claims, rebates, below-market
finance rates, and free merchandise or services.
   (t) Display or offer for sale a used vehicle unless there is
affixed to the vehicle the Federal Trade Commission's Buyer's Guide
as required by Part 455 of Title 16 of the Code of Federal
Regulations.
   (u) Fail to disclose in writing to the franchisor of a new motor
vehicle dealer the name of the purchaser, date of sale, and the
vehicle identification number of each new motor vehicle sold of the
line-make of that franchisor, or intentionally submit to that
franchisor a false name for the purchaser or false date for the date
of sale.
   (v) Enter into a contract for the retail sale of a motor vehicle
unless the contract clearly and conspicuously discloses whether the
vehicle is being sold as a new vehicle or a used vehicle, as defined
in this code.
   (w) Use a simulated check, as defined in subdivision (a) of
Section 22433 of the Business and Professions Code, in an
advertisement for the sale or lease of a vehicle.
   (x) Fail to disclose, in a clear and conspicuous manner in at
least 10-point boldface type on the face of a contract for the retail
sale of a new motor vehicle that this transaction is, or is not,
subject to a fee received by an autobroker from the selling new motor
vehicle dealer, and the name of the autobroker, if applicable.
   (y) As used in this section, "make" and "model" have the same
meaning as is provided in Section 565.3 of Title 49 of the Code of
Federal Regulations.



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.



11713.3.  It is unlawful and a violation of this code for any
manufacturer, manufacturer branch, distributor, or distributor branch
licensed under this code to do any of the following:
   (a) To refuse or fail to deliver in reasonable quantities and
within a reasonable time after receipt of an order from a dealer
having a franchise for the retail sale of any new vehicle sold or
distributed by the manufacturer or distributor, any new vehicle or
parts or accessories to new vehicles as are covered by the franchise,
if the vehicle, parts, or accessories are publicly advertised as
being available for delivery or actually being delivered. This
subdivision is not violated, however, if the failure is caused by
acts or causes beyond the control of the manufacturer, manufacturer
branch, distributor, or distributor branch.
   (b) To prevent or require, or attempt to prevent or require, by
contract or otherwise, any change in the capital structure of a
dealership or the means by or through which the dealer finances the
operation of the dealership, if the dealer at all times meets any
reasonable capital standards agreed to by the dealer and the
manufacturer or distributor, and if a change in capital structure
does not cause a change in the principal management or have the
effect of a sale of the franchise without the consent of the
manufacturer or distributor.
   (c) To prevent or require, or attempt to prevent or require, a
dealer to change the executive management of a dealership, other than
the principal dealership operator or operators, if the franchise was
granted to the dealer in reliance upon the personal qualifications
of that person.
   (d) (1) Except as provided in subdivision (t), to prevent or
require, or attempt to prevent or require, by contract or otherwise,
any dealer, or any officer, partner, or stockholder of any
dealership, the sale or transfer of any part of the interest of any
of them to any other person. No dealer, officer, partner, or
stockholder shall, however, have the right to sell, transfer, or
assign the franchise, or any right thereunder, without the consent of
the manufacturer or distributor except that the consent shall not be
unreasonably withheld.
   (2) (A) For the transferring franchisee to fail, prior to the
sale, transfer, or assignment of a franchisee or the sale,
assignment, or transfer of all, or substantially all, of the assets
of the franchised business or a controlling interest in the
franchised business to another person, to notify the manufacturer or
distributor of the franchisee's decision to sell, transfer, or assign
the franchise. The notice shall be in writing and shall include all
of the following:
   (i) The proposed transferee's name and address.
   (ii) A copy of all of the agreements relating to the sale,
assignment, or transfer of the franchised business or its assets.
   (iii) The proposed transferee's application for approval to become
the successor franchisee. The application shall include forms and
related information generally utilized by the manufacturer or
distributor in reviewing prospective franchisees, if those forms are
readily made available to existing franchisees. As soon as
practicable after receipt of the proposed transferee's application,
the manufacturer or distributor shall notify the franchisee and the
proposed transferee of any information needed to make the application
complete.
   (B) For the manufacturer or distributor, to fail, on or before 60
days after the receipt of all of the information required pursuant to
subparagraph (A), or as extended by a written agreement between the
manufacturer or distributor and the franchisee, to notify the
franchisee of the approval or the disapproval of the sale, transfer,
or assignment of the franchise. The notice shall be in writing and
shall be personally served or sent by certified mail, return receipt
requested, or by guaranteed overnight delivery service that provides
verification of delivery and shall be directed to the franchisee. Any
proposed sale, assignment, or transfer shall be deemed approved,
unless disapproved by the franchisor in the manner provided by this
subdivision. If the proposed sale, assignment, or transfer is
disapproved, the franchisor shall include in the notice of
disapproval a statement setting forth the reasons for the
disapproval.
   (3) In any action in which the manufacturer's or distributor's
withholding of consent under this subdivision or subdivision (e) is
an issue, whether the withholding of consent was unreasonable is a
question of fact requiring consideration of all the existing
circumstances.
   (e) To prevent, or attempt to prevent, a dealer from receiving
fair and reasonable compensation for the value of the franchised
business. There shall be no transfer or assignment of the dealer's
franchise without the consent of the manufacturer or distributor,
which consent shall not be unreasonably withheld or conditioned upon
the release, assignment, novation, waiver, estoppel, or modification
of any claim or defense by the dealer.
   (f) To obtain money, goods, services, or any other benefit from
any other person with whom the dealer does business, on account of,
or in relation to, the transaction between the dealer and that other
person, other than for compensation for services rendered, unless the
benefit is promptly accounted for, and transmitted to, the dealer.
   (g) To require a dealer to prospectively assent to a release,
assignment, novation, waiver, or estoppel that would relieve any
person from liability to be imposed by this article or to require any
controversy between a dealer and a manufacturer, distributor, or
representative, to be referred to any person other than the board, if
the referral would be binding on the dealer. This subdivision does
not, however, prohibit arbitration before an independent arbitrator.
   (h) To increase prices of motor vehicles that the dealer had
ordered for private retail consumers prior to the dealer's receipt of
the written official price increase notification. A sales contract
signed by a private retail consumer is evidence of each such order.
In the event of manufacturer price reductions, the amount of the
reduction received by a dealer shall be passed on to the private
retail consumer by the dealer if the retail price was negotiated on
the basis of the previous higher price to the dealer. Price
reductions apply to all vehicles in the dealer's inventory that were
subject to the price reduction. Price differences applicable to new
model or series motor vehicles at the time of the introduction of new
models or series shall not be considered a price increase or price
decrease. This subdivision does not apply to price changes caused by
either of the following:
   (1) The addition to a motor vehicle of required or optional
equipment pursuant to state or federal law.
   (2) Revaluation of the United States dollar in the case of a
foreign-make vehicle.
   (i) To fail to pay to a dealer, within a reasonable time following
receipt of a valid claim by a dealer thereof, any payment agreed to
be made by the manufacturer or distributor to the dealer by reason of
the fact that a new vehicle of a prior year model is in the dealer's
inventory at the time of introduction of new model vehicles.
   (j) To deny the widow or heirs designated by a deceased owner of a
dealership, the opportunity to participate in the ownership of the
dealership or successor dealership under a valid franchise for a
reasonable time after the death of the owner.
   (k) To offer any refunds or other types of inducements to any
person for the purchase of new motor vehicles of a certain line-make
to be sold to the state or any political subdivision thereof without
making the same offer to all other dealers in the same line-make
within the relevant market area.
   (l) To modify, replace, enter into, relocate, terminate or refuse
to renew a franchise in violation of Article 4 (commencing with
Section 3060) of Chapter 6 of Division 2.
   (m) To employ a person as a representative who has not been
licensed pursuant to Article 3 (commencing with Section 11900) of
Chapter 4 of Division 5.
   (n) To deny any dealer the right of free association with any
other dealer for any lawful purpose.
   (o) (1) To compete with a dealer in the same line-make operating
under an agreement or franchise from a manufacturer or distributor in
the relevant market area.
   (2) A manufacturer, branch, or distributor or any entity that
controls or is controlled by, a manufacturer, branch, or distributor,
shall not, however, be deemed to be competing in the following
limited circumstances:
   (A) Owning or operating a dealership for a temporary period, not
to exceed one year. However, after a showing of good cause by a
manufacturer, branch, or distributor that it needs additional time to
operate a dealership in preparation for sale to a successor
independent franchisee, the board may extend the time period. The
board shall extend the time period until December 31, 2002, for any
manufacturer that meets all of the following requirements:
   (i) The manufacturer has no more than 25 franchisees in the state
and those franchisees collectively operate dealership facilities in
at least 15 counties of the state.
   (ii) All of the dealership facilities operated by the manufacturer'
s franchisees in the state trade exclusively in the manufacturer's
line-make.
   (iii) No fewer than one-half of the manufacturer's franchisees in
the state own and operate two or more dealership facilities in their
assigned areas of responsibility.
   (iv) The manufacturer holds a temporary ownership interest in no
more than two dealerships in the state that are located in the
relevant market area of any other franchisee of the same line-make
not owned, in whole or part, by the manufacturer.
   (B) Owning an interest in a dealer as part of a bona fide dealer
development program that satisfies all of the following requirements:
   (i) The sole purpose of the program is to make franchises
available to persons lacking capital, training, business experience,
or other qualities ordinarily required of prospective franchisees and
the dealer development candidate is an individual who is unable to
acquire the franchise without assistance of the program.
   (ii) The dealer development candidate has made a significant
investment subject to loss in the franchised business of the dealer.
   (iii) The program requires the dealer development candidate to
manage the day-to-day operations and business affairs of the dealer
and to acquire, within a reasonable time and on reasonable terms and
conditions, beneficial ownership and control of a majority interest
in the dealer and disassociation of any direct or indirect ownership
or control by the manufacturer, branch, or distributor.
   (C) Owning a wholly owned subsidiary corporation of a distributor
that sells motor vehicles at retail, if, for at least three years
prior to January 1, 1973, the subsidiary corporation has been a
wholly owned subsidiary of the distributor and engaged in the sale of
vehicles at retail.
   (3) (A) Every manufacturer, branch, and distributor that owns or
operates a dealership in the manner described in subparagraph (A) of
paragraph (2) shall give written notice to the board, within 10 days,
each time it commences or terminates operation of a dealership and
each time it acquires or divests itself of an ownership interest.
   (B) Every manufacturer, branch, and distributor that owns an
interest in a dealer in the manner described in subparagraph (B) of
paragraph (2) shall give written notice to the board, annually, of
the name and location of each dealer in which it has an ownership
interest.
   (p) To unfairly discriminate among its franchisees with respect to
warranty reimbursement or authority granted to its franchisees to
make warranty adjustments with retail customers.
   (q) To sell vehicles to persons not licensed under this chapter
for resale.
   (r) To fail to affix an identification number to any park trailer,
as described in Section 18009.3 of the Health and Safety Code, that
is manufactured on or after January 1, 1987, and that does not
clearly identify the unit as a park trailer to the department. The
configuration of the identification number shall be approved by the
department.
   (s) To dishonor a warranty, rebate, or other incentive offered to
the public or a dealer in connection with the retail sale of a new
motor vehicle, based solely upon the fact that an autobroker arranged
or negotiated the sale. This subdivision shall not prohibit the
disallowance of that rebate or incentive if the purchaser or dealer
is ineligible to receive the rebate or incentive pursuant to any
other term or condition of a rebate or incentive program.
   (t) To exercise a right of first refusal or any other right
requiring a franchisee or any owner thereof to sell, transfer, or
assign to the franchisor, or to any nominee of the franchisor, all or
any material part of the franchised business or of the assets
thereof unless all of the following requirements are met:
   (1) The franchise authorizes the franchisor to exercise a right of
first refusal to acquire the franchised business or assets thereof
in the event of a proposed sale, transfer, or assignment.
   (2) The franchisor gives written notice of its exercise of the
right of first refusal no later than 45 days after the franchisor
receives all of the information required pursuant to subparagraph (A)
of paragraph (2) of subdivision (d).
   (3) The sale, transfer, or assignment being proposed relates to
not less than all or substantially all of the assets of the
franchised business or to a controlling interest in the franchised
business.
   (4) The proposed transferee is neither a family member of an owner
of the franchised business, nor a managerial employee of the
franchisee owning 15 percent or more of the franchised business, nor
a corporation, partnership, or other legal entity owned by the
existing owners of the franchised business. For purposes of this
paragraph, a "family member" means the spouse of an owner of the
franchised business, the child, grandchild, brother, sister, or
parent of an owner, or a spouse of one of those family members.
Nothing contained in this paragraph limits the rights of the
franchisor to disapprove a proposed transferee as provided in
subdivision (d).
   (5) Upon the franchisor's exercise of the right of first refusal,
the consideration paid by the franchisor to the franchisee and owners
of the franchised business shall equal or exceed all consideration
that each of them were to have received under the terms of, or in
connection with, the proposed sale, assignment, or transfer, and the
franchisor shall comply with all the terms and conditions of the
agreement or agreements to sell, transfer, or assign the franchised
business.
   (6) The franchisor shall reimburse the proposed transferee for any
expenses paid or incurred by the proposed transferee in evaluating,
investigating, and negotiating the proposed transfer to the extent
those expenses do not exceed the usual, customary, and reasonable
fees charged for similar work done in the area in which the
franchised business is located. These expenses include, but are not
limited to, legal and accounting expenses, and expenses incurred for
title reports and environmental or other investigations of any real
property on which the franchisee's operations are conducted. The
proposed transferee shall provide the franchisor a written
itemization of those expenses, and a copy of all nonprivileged
reports and studies for which expenses were incurred, if any, within
30 days of the proposed transferee's receipt of a written request
from the franchisor for that accounting. The franchisor shall make
payment within 30 days of exercising the right of first refusal.
   (u) (1) To unfairly discriminate in favor of any dealership owned
or controlled, in whole or part, by a manufacturer or distributor or
an entity that controls or is controlled by the manufacturer or
distributor. Unfair discrimination includes, but is not limited to,
the following:
   (A) The furnishing to any franchisee or dealer that is owned or
controlled, in whole or part, by a manufacturer, branch, or
distributor of any of the following:
   (i) Any vehicle that is not made available to each franchisee
pursuant to a reasonable allocation formula that is applied
uniformly, and any part or accessory that is not made available to
all franchisees on an equal basis when there is no reasonable
allocation formula that is applied uniformly.
   (ii) Any vehicle, part, or accessory that is not made available to
each franchisee on comparable delivery terms, including the time of
delivery after the placement of an order. Differences in delivery
terms due to geographic distances or other factors beyond the control
of the manufacturer, branch, or distributor shall not constitute
unfair competition.
   (iii) Any information obtained from a franchisee by the
manufacturer, branch, or distributor concerning the business affairs
or operations of any franchisee in which the manufacturer, branch, or
distributor does not have an ownership interest. The information
includes, but is not limited to, information contained in financial
statements and operating reports, the name, address, or other
personal information or buying, leasing, or service behavior of any
dealer customer, and any other information which, if provided to a
franchisee or dealer owned or controlled by a manufacturer or
distributor, would give that franchisee or dealer a competitive
advantage. This clause does not apply if the information is provided
pursuant to a subpoena or court order, or to aggregated information
made available to all franchisees.
   (B) Referring a prospective purchaser or lessee to a dealer in
which a manufacturer, branch, or distributor has an ownership
interest, unless the prospective purchaser or lessee resides in the
area of responsibility assigned to that dealer or the prospective
purchaser or lessee requests to be referred to that dealer.
   (2) Nothing in this subdivision shall be interpreted to prohibit a
franchisor from granting a franchise to prospective franchisees or
assisting those franchisees during the course of the franchise
relationship as part of a program or programs to make franchises
available to persons lacking capital, training, business experience,
or other qualifications ordinarily required of prospective
franchisees.
   (v) (1) To access, modify, or extract information from a
confidential dealer computer record, as defined in Section 11713.25,
without obtaining the prior written consent of the dealer and without
maintaining administrative, technical, and physical safeguards to
protect the security, confidentiality, and integrity of the
information.
    (2) Paragraph (1) does not limit a duty that a dealer may have to
safeguard the security and privacy of records maintained by the
dealer.
   (w) (1) To use electronic, contractual, or other means to prevent
or interfere with any of the following:
   (A) The lawful efforts of a dealer to comply with federal and
state data security and privacy laws.
   (B) The ability of a dealer to do either of the following:
   (i) Ensure that specific data accessed from the dealer's computer
system is within the scope of consent specified in subdivision (v).
   (ii) Monitor specific data accessed from or written to the dealer'
s computer system.
   (2) Paragraph (1) does not limit a duty that a dealer may have to
safeguard the security and privacy of records maintained by the
dealer.
   (x) As used in this section, "area of responsibility" is a
geographic area specified in a franchise that is used by the
franchisor for the purpose of evaluating the franchisee's performance
of its sales and service obligations.



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.



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.


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.



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.



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.



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.


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.


11713.11.  No holder of a dealer's license shall do any of the
following when conducting an auction of vehicles to the public:
   (a) Advertise that a vehicle will be auctioned to the public
unless all of the following information is clearly and conspicuously
disclosed in the advertisement:
   (1) The date or the day of the week of the public auction, or if
subdivision (b) applies to the auction, the date of the public
auction.
   (2) The location of the public auction.
   (3) Whether a fee will be charged to attend the auction and the
amount of that fee.
   (4) The name and dealer number of the auctioning dealer.
   (5) Whether a buyer's fee will be charged to a purchaser, in
addition to the accepted auction bid price, and, if the fee is a set
amount, the dollar amount of that fee. If the buyer's fee is not a
set amount, the advertisement shall state the formula or percentage
used to calculate the fee.
   (b) If vehicles seized by a federal, state, or local public agency
or authority are being advertised, advertise that a vehicle will be
auctioned to the public unless, in addition to the information
required by subdivision (a), the following information is clearly and
conspicuously disclosed in the advertisement:
   (1) A good faith estimate of the number of vehicles to be
auctioned at that date.
   (2) A good faith estimate of the number of vehicles seized by a
federal, state, or local public agency or authority to be auctioned
at that date.
   (c) Fail, on the day of auction, to identify each vehicle seized
by a federal, state, or local public agency or authority, either in a
printed catalog or orally, before bidding begins on the vehicle.
   (d) Include in the total price of an auctioned vehicle any costs
to the purchaser at the completion of the sale, except the accepted
auction bid price, taxes, vehicle registration fees, any charge for
emission testing, not to exceed fifty dollars ($50), plus the actual
fees charged to a consumer for a certificate pursuant to Section
44060 of the Health and Safety Code, any dealer document preparation
charge not exceeding forty-five dollars ($45), and any buyer's fee.
   (e) Charge a buyer's fee, unless the dealer conducting the auction
delivers to any person permitted to submit bids, and at a time prior
to accepting any bids from that person, a disclosure statement
required by this subdivision and signed by that person. The
disclosure statement, if the buyer's fee is a set amount, shall
disclose the amount of the fee, or if the buyer's fee is not a set
amount, disclose the formula or percentage used to calculate the fee.
The disclosure statement shall be on a separate 8 1/2 x 11 inch
sheet of paper. Except for the information set forth in this
subdivision, the disclosure statement shall not contain any other
text, except as necessary to identify the dealer conducting the
auction sale and to disclose the amount, percentage, or formula used
to calculate the buyer's fee, and to provide for the date and the
person's acknowledgment of receipt. The heading shall be printed in
no smaller than 24-point bold type and the text of the statement
shall be printed in no smaller than 12-point type and shall read
substantially as follows:

         BUYER'S FEE REQUIRED
  A buyer's fee is an amount
  charged by the auctioning dealer
  for conducting the auction sale.
  If your bid price is accepted as
  the winning bid on any vehicle,
  you will be charged a buyer's
  fee in addition to the accepted
  bid price.
  The buyer's fee that will be
  added to your accepted bid price
  is
  $
  ________________________________.
                  OR
  The buyer's fee that will be
  added to your accepted bid price
  will be calculated as follows
  (insert percentage or other
  formula for calculating the
  buyer's fee):
  The buyer's fee is part of the
  purchase price and is subject to
  sales tax.
  Date: ______________ Signature
  of Bidder
  ________________________

   (f) Fail to comply with or violate this chapter, Title 2.95
(commencing with Section 1812.600) of Part 4 of Division 3 of the
Civil Code, Section 2328 of the Commercial Code, or Section 535 of
the Penal Code, or any law administered by the State Board of
Equalization, relating to the auctioneering business, including, but
not limited to, sales and the transfer of title of goods.
   (g) For purposes of this section, a "buyer's fee" is any amount
that is in addition to the accepted auction bid price, taxes, vehicle
registration fees, certificate of compliance or noncompliance fee,
or any dealer document preparation charge, which is charged to a
purchaser by an auctioning dealer.



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.



11713.13.  It is unlawful and a violation of this code for any
manufacturer, manufacturer branch, distributor, or distributor branch
licensed under this code to do, directly or indirectly through an
affiliate, any of the following:
   (a) Prevent, or attempt to prevent, by contract or otherwise, a
dealer from acquiring, adding, or maintaining a sales or service
operation for another line make of motor vehicles at the same or
expanded facility at which the dealer currently operates a dealership
if the dealer complies with any reasonable facilities and capital
requirements of the manufacturer or distributor.
   (b) Require a dealer to establish or maintain exclusive
facilities, personnel, or display space if the imposition of the
requirement would be unreasonable in light of all existing
circumstances, including economic conditions. In any proceeding under
this subdivision or subdivision (a) in which the reasonableness of a
facility or capital requirement is an issue, the manufacturer or
distributor shall have the burden of proof.
   (c) Require, by contract or otherwise, a dealer to make a material
alteration, expansion, or addition to any dealership facility,
unless the required alteration, expansion, or addition is reasonable
in light of all existing circumstances, including economic
conditions. In any proceeding in which a required facility
alteration, expansion, or addition is an issue, the manufacturer or
distributor shall have the burden of proof.
   (d) (1) Fail to pay to a dealer, within 90 days of termination,
cancellation, or nonrenewal of a franchise, all of the following:
   (A) The dealer cost, plus any charges made by the manufacturer or
distributor for vehicle distribution or delivery and the cost of any
dealer-installed original equipment accessories, less any amount
invoiced to the vehicle and paid by the manufacturer or distributor
to the dealer, for all new and undamaged vehicles with less than 500
miles in the dealer's inventory that were acquired by the dealer from
the manufacturer, distributor, or another new motor vehicle dealer
franchised to sell vehicles of the same line-make, in the ordinary
course of business, within 18 months of termination, cancellation, or
nonrenewal of the franchise.
   (B) The dealer cost for all unused and undamaged supplies, parts,
and accessories listed in the manufacturer's current parts catalog
and in their original packaging, except that sheet metal may be
packaged in a comparable substitute for the original package.
   (C) The fair market value of each undamaged sign owned by the
motor vehicle dealer and bearing a common name, trade name, or
trademark of the manufacturer or distributor if acquisition of the
sign was required or made a condition of participation in an
incentive program by the manufacturer or distributor.
   (D) The fair market value of all special tools, computer systems,
and equipment that were required or made a condition of participation
in an incentive program by the manufacturer or distributor that are
in usable condition, excluding normal wear and tear.
   (E) The dealer costs of handling, packing, loading, and
transporting any items or inventory for repurchase by the
manufacturer or distributor.
   (2) This subdivision does not apply to a franchisor of a dealer of
new recreational vehicles, as defined in subdivision (a) of Section
18010 of the Health and Safety Code.
    (3) This subdivision does not apply to a termination that is
implemented as a result of the sale of substantially all of the
inventory and fixed assets or stock of a franchised dealership if the
dealership continues to operate as a franchisee of the same
line-make.
   (e) (1) (A) Fail to pay to a dealer of new recreational vehicles,
as defined in subdivision (a) of Section 18010 of the Health and
Safety Code, within 90 days of termination, cancellation, or
nonrenewal of a franchise for a recreational vehicle line-make, as
defined in Section 3072.5, the dealer cost, plus any charges made by
the manufacturer or distributor for vehicle distribution or delivery
and the cost of any dealer-installed original equipment accessories,
less any amount invoiced to the vehicle and paid by the manufacturer
or distributor to the dealer, for a new recreational vehicle when the
termination, cancellation, or nonrenewal is initiated by a
recreational vehicle manufacturer. This paragraph only applies to new
and unused recreational vehicles that do not currently have or have
had in the past, material damage, as defined in Section 9990, and
that the dealer acquired from the manufacturer, distributor, or
another new motor vehicle dealer franchised to sell recreational
vehicles of the same line-make in the ordinary course of business
within 12 months of the termination, cancellation, or nonrenewal of
the franchise.
   (B) For those recreational vehicles with odometers, paragraph (1)
shall apply to only those vehicles that have no more than 1,500 miles
on the odometer, in addition to the number of miles incurred while
delivering the vehicle from the manufacturer's facility that produced
the vehicle for delivery to the dealer's retail location.
   (C) Damaged recreational vehicles shall be repurchased by the
manufacturer provided there is an offset in value for damages, except
recreational vehicles that have or had material damage, as defined
in Section 9990, may be repurchased at the manufacturer's option
provided there is an offset in value for damages.
   (2) Fail to pay to a dealer of new recreational vehicles, as
defined in subdivision (a) of Section 18010 of the Health and Safety
Code, within 90 days of termination, cancellation, or nonrenewal of a
franchise, all of the following:
   (A) The dealer cost for all unused and undamaged supplies, parts,
and accessories listed in the manufacturer's current parts catalog
and in their original packaging, except that sheet metal may be
packaged in a comparable substitute for the original package.
   (B) The fair market value of each undamaged sign owned by the
motor vehicle dealer and bearing a common name, trade name, or
trademark of the manufacturer or distributor if acquisition of the
sign was required or made a condition of participation in an
incentive program by the manufacturer or distributor.
   (C) The fair market value of all special tools, computer systems,
and equipment that were required or made a condition of participation
in an incentive program by the manufacturer or distributor that are
in usable condition, excluding normal wear and tear.
   (D) The dealer costs of handling, packing, loading, and
transporting any items or inventory for repurchase by the
manufacturer or distributor.
   (f) (1) Fail, upon demand, to indemnify any existing or former
franchisee and the franchisee's successors and assigns from any and
all damages sustained and attorney's fees and other expenses
reasonably incurred by the franchisee that result from or relate to
any claim made or asserted by a third party against the franchisee to
the extent the claim results from any of the following:
   (A) The condition, characteristics, manufacture, assembly, or
design of any vehicle, parts, accessories, tools, or equipment, or
the selection or combination of parts or components manufactured or
distributed by the manufacturer or distributor.
   (B) Service systems, procedures, or methods the franchisor
required or recommended the franchisee to use if the franchisee
properly uses the system, procedure, or method.
   (C) Improper use or disclosure by a manufacturer or distributor of
nonpublic personal information obtained from a franchisee concerning
any consumer, customer, or employee of the franchisee.
   (D) Any act or omission of the manufacturer or distributor for
which the franchisee would have a claim for contribution or indemnity
under applicable law or under the franchise, irrespective of and
without regard to any prior termination or expiration of the
franchise.
   (2) This subdivision does not limit, in any way, the existing
rights, remedies, or recourses available to any person who purchases
or leases vehicles at retail.



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.



11713.15.  (a) (1) Prior to being issued a temporary branch license
for selling new recreational vehicles, as defined in Section 18010 of
the Health and Safety Code, at a show, a dealer shall submit to the
department a manufacturer's written authorization for the sale
specifying the dates of the show, the location of the show, and the
makes of those new recreational vehicles being offered for sale.
   (2) If nine or fewer dealers are participating in the show, a
temporary branch license may only be issued to a dealer under this
subdivision if the location of the show is 50 miles or less from that
dealer's established place of business or permanent branch location.
   Each dealer described in this paragraph shall certify in his or
her application for a temporary branch license that the show location
is 50 miles or less from his or her established place of business or
permanent branch location.
   (3) A temporary branch license may be issued to a dealer for
purposes of participating in a show if all of the following
conditions exist:
   (A) The location of the show is 50 miles or more from the dealer's
place of business or that dealer's branch locations, or both.
   (B) Ten or more dealers apply for temporary branch licenses for
purposes of participating in that show.
   (C) Not less than 10 days prior to the conduct of the show, the
department receives at least 10 applications for temporary branch
licenses together at one of the department's field offices.
   (b) (1) Any advertising and promotional materials designed to
attract the public to attend a show of recreational vehicles where
there are nine or fewer dealers participating shall include the
business name of each participating dealer and that dealer's
established place of business in a type size that is equivalent to
the second largest type used in the advertisement or promotional
materials. This information shall be placed at the top of any
advertisement or promotional materials.
   (2) If the recreational vehicles being offered for sale are used,
the word "used" shall immediately precede the identification of the
make of the vehicle or be immediately adjacent to the depiction of
any used vehicles.
   (3) In addition, the promoters of the show shall cause a sign to
be conspicuously displayed at the major, public entrance leading
directly to the show, printed in 50-point type, containing the
information required in paragraph (1).
   (c) A recreational vehicle dealer participating in a show for
which a temporary branch license is required shall provide each
buyer, prior to the sale of any vehicle at the show, a written
statement disclosing the identity and the established business
location of the dealer that has agreed to render service or warranty
work with respect to the vehicle being purchased by the buyer, and if
there is no agreement with any dealer to render the service or
warranty, to state that fact.
   (d) Paragraphs (2) and (3) of subdivision (a) and subdivision (b)
do not apply to a dealer participating in an annual show sponsored by
a national trade association of recreational vehicle manufacturers,
the show is located in a county with a population of 6,000,000 or
more persons, and at least 25 manufacturers are participating in the
show, and, if the dealer is otherwise eligible to participate in the
show, the department shall issue a temporary branch license if all
the following occur:
   (1) A national trade association of recreational vehicle
manufacturers submits a letter to the department that certifies its
status as a national trade association of recreational vehicle
manufacturers and specifies the dates and location of the show.
   (2) Upon receipt of the letter from a national trade association
described in paragraph (1) notifying the department of the dates and
location of the show, the department provides written acknowledgement
to the national trade association submitting the letter.
   (3) Each dealer participating in the show attaches a copy of the
department letter described in paragraph (2) to the application for a
temporary branch license submitted to the department.



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.
   (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.



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.



11713.18.  (a) It is a violation of this code for the holder of any
dealer's license issued under this article to advertise for sale or
sell a used vehicle as "certified" or use any similar descriptive
term in the advertisement or the sale of a used vehicle that implies
the vehicle has been certified to meet the terms of a used vehicle
certification program if any of the following apply:
   (1) The dealer knows or should have known that the odometer on the
vehicle does not indicate actual mileage, has been rolled back or
otherwise altered to show fewer miles, or replaced with an odometer
showing fewer miles than actually driven.
   (2) The dealer knows or should have known that the vehicle was
reacquired by the vehicle's manufacturer or a dealer pursuant to
state or federal warranty laws.
   (3) The title to the vehicle has been inscribed with the notation
"Lemon Law Buyback," "manufacturer repurchase," "salvage," "junk,"
"nonrepairable," "flood," or similar title designation required by
this state or another state.
   (4) The vehicle has sustained damage in an impact, fire, or flood,
that after repair prior to sale substantially impairs the use or
safety of the vehicle.
   (5) The dealer knows or should have known that the vehicle has
sustained frame damage.
   (6) Prior to sale, the dealer fails to provide the buyer with a
completed inspection report indicating all the components inspected.
   (7) The dealer disclaims any warranties of merchantability on the
vehicle.
   (8) The vehicle is sold "AS IS."
   (9) The term "certified" or any similar descriptive term is used
in any manner that is untrue or misleading or that would cause any
advertisement to be in violation of subdivision (a) of Section 11713
of this code or Section 17200 or 17500 of the Business and
Professions Code.
   (b) A violation of this section is actionable under the Consumers
Legal Remedies Act (Title 1.5 (commencing with Section 1750) of Part
4 of Division 3 of the Civil Code), the Unfair Competition Law
(Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of
the Business and Professions Code), Section 17500 of the Business
and Professions Code, or any other applicable state or federal law.
The rights and remedies provided by this section are cumulative and
shall not be construed as restricting any right or remedy that is
otherwise available.
   (c) This section does not abrogate or limit any disclosure
obligation imposed by any other law.
   (d) This section does not apply to the advertisement or sale of a
used motorcycle or a used off-highway motor vehicle subject to
identification under Section 38010.


11713.19.  (a) It is unlawful and a violation of this code for the
holder of any dealer's license issued under this article to do any of
the following:
   (1) Negotiate the terms of a vehicle sale or lease contract and
then add charges to the contract for any goods or services without
previously disclosing to the consumer the goods and services to be
added and obtaining the consumer's consent.
   (2) (A) Inflate the amount of an installment payment or down
payment or extend the maturity of a sale or lease contract for the
purpose of disguising the actual charges for goods or services to be
added by the dealer to the contract.
   (B) For purposes of subparagraph (A), "goods or services" means
any type of good or service, including, but not limited to, insurance
and service contracts.
   (b) Subdivision (a) does not apply to the sale or lease of a
motorcycle or an off-highway motor vehicle subject to identification
under Section 38010.


11713.20.  (a) A dealer that obtains a consumer credit score, as
defined in subdivision (b) of Section 1785.15.1 of the Civil Code,
from a consumer credit reporting agency, as defined in subdivision
(d) of Section 1785.3 of the Civil Code, for use in connection with
an application for credit initiated by a consumer for the purchase or
lease of a motor vehicle for personal, family, or household use,
shall provide, prior to the sale or lease of the vehicle, the
following information to the consumer in at least 10-point type on a
document separate from the sale or lease contract:
   (1) Each credit score obtained and used by the dealer.
   (2) A statement that a consumer report, or a credit report, is a
record of the consumer's credit history and includes information
about whether the consumer pays his or her obligations on time and
how much the consumer owes to creditors.
   (3) A statement that a credit score is a number that takes into
account information in a consumer report and that a credit score can
change over time to reflect changes in the consumer's credit history.
   (4) A statement that the consumer's credit score can affect
whether the consumer can obtain credit and what the cost of that
credit will be.
   (5) The range of possible credit scores under the model used to
generate that credit score.
   (6) The distribution of credit scores among consumers who are
scored under the same scoring model that is used to generate the
consumer's credit score using the same scale as that of the credit
score that is provided to the consumer, presented in the form of a
bar graph containing a minimum of six bars that illustrates the
percentage of consumers with credit scores within the range of scores
reflected in each bar, or by other clear and readily understandable
graphical means, or a clear and readily understandable statement
informing the consumer how his or her credit score compares to the
scores of other consumers. Use of a graph or statement obtained from
the person providing the credit score that meets the requirements of
this paragraph is deemed to comply with this requirement.
   (7) The date the credit score was created.
   (8) The name of the consumer reporting agency or other person that
provided each credit score obtained and used by the dealer.
   (9) A statement that the consumer is encouraged to verify the
accuracy of the information contained in the consumer report and has
the right to dispute any inaccurate information in the report.
   (10) A statement that federal law gives the consumer the right to
obtain copies of his or her consumer reports directly from the
consumer reporting agencies, including a free report from each of the
nationwide consumer reporting agencies once during any 12-month
period.
   (11) Contact information for the centralized source from which
consumers may obtain their free annual consumer reports.
   (12) A statement directing consumers to the Internet Web sites of
the Federal Reserve Board and Federal Trade Commission to obtain more
information about consumer reports.
   (b) Appropriate use by a dealer of the model form described in
Section 640.5(e)(5) of Title 16 of the Code of Federal Regulations
and contained in Title 16 of the Code of Federal Regulations Part B,
Appendix B, Model Form B-4, as promulgated on January 15, 2010, is
deemed to comply with the requirements of this section. Use of the
model form is optional.
   (c) This section does not apply to the purchase or lease of a
motorcycle or an off-highway motor vehicle subject to identification
under Section 38010.
   (d) This section does not limit or restrict any rights or remedies
otherwise available under existing law.



11713.21.  (a) (1) A dealer shall not sell a used vehicle, as
defined in Section 665 and subject to registration under this code,
at retail to an individual for personal, family, or household use
without offering the buyer a contract cancellation option agreement
that allows the buyer to return the vehicle without cause. This
section does not apply to a used vehicle having a purchase price of
forty thousand dollars ($40,000) or more, a motorcycle, as defined in
Section 400, or a recreational vehicle, as defined in Section 18010
of the Health and Safety Code.
   (2) The purchase price for the contract cancellation option shall
not exceed the following:
   (A) Seventy-five dollars ($75) for a vehicle with a cash price of
five thousand dollars ($5,000) or less.
   (B) One hundred fifty dollars ($150) for a vehicle with a cash
price of more than five thousand dollars ($5,000), but not more than
ten thousand dollars ($10,000).
   (C) Two hundred fifty dollars ($250) for a vehicle with a cash
price of more than ten thousand dollars ($10,000), but not more than
thirty thousand dollars ($30,000).
   (D) One percent of the purchase price for a vehicle with a cash
price of more than thirty thousand dollars ($30,000), but less than
forty thousand dollars ($40,000).
   The term "cash price" as used in this paragraph has the same
meaning as described in subparagraph (A) of paragraph (1) of
subdivision (a) of Section 2982 of the Civil Code. "Cash price" also
excludes registration, transfer, titling, license, and California
tire and optional business partnership automation fees.
   (b) To comply with subdivision (a), and notwithstanding Section
2981.9 of the Civil Code, a contract cancellation option agreement
shall be contained in a document separate from the conditional sales
contract or other vehicle purchase agreement and shall contain, at a
minimum, the following:
   (1) The name of the seller and the buyer.
   (2) A description and the Vehicle Identification Number of the
vehicle purchased.
   (3) A statement specifying the time within which the buyer must
exercise the right to cancel the purchase under the contract
cancellation option and return the vehicle to the dealer. The dealer
shall not specify a time that is earlier than the dealer's close of
business on the second day following the day on which the vehicle was
originally delivered to the buyer by the dealer.
   (4) A statement that clearly and conspicuously specifies the
dollar amount of any restocking fee the buyer must pay to the dealer
to exercise the right to cancel the purchase under the contract
cancellation option. The restocking fee shall not exceed one hundred
seventy-five dollars ($175) if the vehicle's cash price is five
thousand dollars ($5,000) or less, three hundred fifty dollars ($350)
if the vehicle's cash price is less than ten thousand dollars
($10,000), and five hundred dollars ($500) if the vehicle cash price
is ten thousand dollars ($10,000) or more. The dealer shall apply
toward the restocking fee the price paid by the buyer for the
contract cancellation option. The price for the purchase of the
contract cancellation option is not otherwise subject to setoff or
refund.
   (5) Notwithstanding paragraph (4), when a buyer, who leased the
purchased vehicle immediately preceding the dealer's sale of the
vehicle to the buyer, exercises the contract cancellation option, the
limit on the amount of a restocking fee required to be paid by the
buyer shall be increased. That increased amount shall be the amount
the buyer would have been obligated to pay the lessor, at the time of
the termination of the lease, for the following charges, as
specified in the lease, and as if the buyer had not purchased the
contract cancellation option:
   (A) Excess mileage.
   (B) Unrepaired damage.
   (C) Excess wear and tear.
   (6) A statement specifying the maximum number of miles that the
vehicle may be driven after its original delivery by the dealer to
the buyer to remain eligible for cancellation under the contract
cancellation option. A dealer shall not specify fewer than 250 miles
in the contract cancellation option agreement.
   (7) A statement that the contract cancellation option gives the
buyer the right to cancel the purchase and obtain a full refund,
minus the purchase price for the contract cancellation option
agreement; and that the right to cancel will apply only if, within
the time specified in the contract cancellation option agreement, the
following are personally delivered to the selling dealer by the
buyer: a written notice exercising the right to cancel the purchase
signed by the buyer; any restocking fee specified in the contract
cancellation option agreement minus the purchase price for the
contract cancellation option agreement; the original contract
cancellation option agreement and vehicle purchase contract and
related documents, if the seller gave those original documents to the
buyer; all original vehicle titling and registration documents, if
the seller gave those original documents to the buyer; and the
vehicle, free of all liens and encumbrances, other than any lien or
encumbrance created by or incidental to the conditional sales
contract, any loan arranged by the dealer, or any purchase money loan
obtained by the buyer from a third party, and in the same condition
as when it was delivered by the dealer to the buyer, reasonable wear
and tear and any defect or mechanical problem that manifests or
becomes evident after delivery that was not caused by the buyer
excepted, and which must not have been driven beyond the mileage
limit specified in the contract cancellation option agreement. The
agreement may also provide that the buyer will execute documents
reasonably necessary to effectuate the cancellation and refund and as
reasonably required to comply with applicable law.
   (8) At the bottom of the contract cancellation option agreement, a
statement that may be signed by the buyer to indicate the buyer's
election to exercise the right to cancel the purchase under the terms
of the contract cancellation option agreement, and the last date and
time by which the option to cancel may be exercised, followed by a
line for the buyer's signature. A particular form of statement is not
required, but the following statement is sufficient: "By signing
below, I elect to exercise my right to cancel the purchase of the
vehicle described in this agreement." The buyer's delivery of the
purchase cancellation agreement to the dealer with the buyer's
signature following this statement shall constitute sufficient
written notice exercising the right to cancel the purchase under
paragraph (6). The dealer shall provide the buyer with the statement
required by this paragraph in duplicate to enable the buyer to return
the signed cancellation notice and retain a copy of the cancellation
agreement.
   (9) If, pursuant to paragraph (5), the limit on the restocking fee
is increased by the amount the buyer, who exercises a contract
cancellation option would have been obligated to pay the lessor, upon
termination of the lease, for charges for excess mileage, unrepaired
damage, or excess wear and tear, as specified in the lease, the
dealer shall provide the buyer with a notice of the contents of
paragraph (5), including a statement regarding the increased
restocking fee.
   (c) (1) No later than the second day following the day on which
the buyer exercises the right to cancel the purchase in compliance
with the contract cancellation option agreement, the dealer shall
cancel the contract and provide the buyer with a full refund,
including that portion of the sales tax attributable to amounts
excluded pursuant to Section 6012.3 of the Revenue and Taxation Code.
   (2) If the buyer was not charged for the contract cancellation
option agreement, the dealer shall return to the buyer, no later than
the day following the day on which the buyer exercises the right to
cancel the purchase, any motor vehicle the buyer left with the seller
as a downpayment or trade-in. If the dealer has sold or otherwise
transferred title to the motor vehicle that was left as a downpayment
or trade-in, the full refund described in paragraph (1) shall
include the fair market value of the motor vehicle left as a
downpayment or trade-in, or its value as stated in the contract or
purchase order, whichever is greater.
   (3) If the buyer was charged for the contract cancellation option
agreement, the dealer shall retain any motor vehicle the buyer left
with the dealer as a downpayment or trade-in until the buyer
exercises the right to cancel or the right to cancel expires. If the
buyer exercises the right to cancel the purchase, the dealer shall
return to the buyer, no later than the day following the day on which
the buyer exercises the right to cancel the purchase, any motor
vehicle the buyer left with the seller as a downpayment or trade-in.
If the dealer has inadvertently sold or otherwise transferred title
to the motor vehicle as the result of a bona fide error,
notwithstanding reasonable procedures designed to avoid that error,
the inadvertent sale or transfer of title shall not be deemed a
violation of this paragraph, and the full refund described in
paragraph (1) shall include the retail market value of the motor
vehicle left as a downpayment or trade-in, or its value as stated in
the contract or purchase order, whichever is greater.
   (d) If the dealer received a portion of the purchase price by
credit card, or other third-party payer on the buyer's account, the
dealer may refund that portion of the purchase price to the credit
card issuer or third-party payer for credit to the buyer's account.
   (e) Notwithstanding subdivision (a), a dealer is not required to
offer a contract cancellation option agreement to an individual who
exercised his or her right to cancel the purchase of a vehicle from
the dealer pursuant to a contract cancellation option agreement
during the immediately preceding 30 days. A dealer is not required to
give notice to a subsequent buyer of the return of a vehicle
pursuant to this section. This subdivision does not abrogate or limit
any disclosure obligation imposed by any other law.
   (f) This section does not affect or alter the legal rights,
duties, obligations, or liabilities of the buyer, the dealer, or the
dealer's agents or assigns, that would exist in the absence of a
contract cancellation option agreement. The buyer is the owner of a
vehicle when he or she takes delivery of a vehicle until the vehicle
is returned to the dealer pursuant to a contract cancellation option
agreement, and the existence of a contract cancellation option
agreement shall not impose permissive user liability on the dealer,
or the dealer's agents or assigns, under Section 460 or 17150 or
otherwise.
   (g) Nothing in this section is intended to affect the ability of a
buyer to rescind the contract or revoke acceptance under any other
law.



11713.22.  (a) Upon mutual agreement of the parties to enter into a
recreational vehicle franchise, it is unlawful and a violation of
this code for a manufacturer, manufacturer branch, distributor, or
distributor branch licensed under this code to fail or refuse to
provide a recreational vehicle dealer with a written recreational
vehicle franchise that complies with the requirements of Section
331.3.
   (b) Notwithstanding Section 331.3, a recreational vehicle
franchise described in this section shall include, but not be limited
to, provisions regarding dealership transfer, dealership
termination, sales territory, and reimbursement for costs incurred by
the dealer for work related to the manufacturer's warranty for each
line-make of recreational vehicle covered by the agreement.
   (c) This section applies only to a dealer and manufacturer
agreement involving recreational vehicles, as defined in subdivision
(a) of Section 18010 of the Health and Safety Code, but does not
include an agreement with a dealer who deals exclusively in truck
campers.



11713.23.  (a) A recreational vehicle manufacturer, manufacturer
branch, distributor, or distributor branch licensed under this code
shall not sell a new recreational vehicle in this state to or through
a recreational vehicle dealer without having first entered into a
written recreational vehicle franchise with that recreational vehicle
dealer, that complies with the requirements of Section 331.3 and
that has been signed by both parties.
   (b) A recreational vehicle dealer shall not sell a new
recreational vehicle in this state without having first entered into
a written recreational vehicle franchise, that complies with the
requirements of Section 331.3, with a recreational vehicle
manufacturer, manufacturer branch, distributor, or distributor branch
licensed under this code, that has been signed by both parties.
   (c) (1) A recreational vehicle manufacturer, manufacturer branch,
distributor, or distributor branch shall not ship a new recreational
vehicle to a recreational dealer on or after January 1, 2009, without
a recreational vehicle franchise that has been signed by both
parties.
   (2) A recreational vehicle dealer shall not receive a new
recreational vehicle from a recreational vehicle manufacturer,
manufacturer branch, distributor, or distributor branch on or after
January 1, 2009, without a recreational vehicle franchise that has
been signed by both parties.
   (d) Any new recreational vehicle inventory that has been purchased
by a recreational vehicle dealer, or shipped by a manufacturer,
manufacturer branch, distributor, or distributor branch, before
January 1, 2009, may be sold at any time without a recreational
vehicle franchise.
   (e) This section applies only to a dealer and manufacturer
agreement involving recreational vehicles, as defined in subdivision
(a) of Section 18010 of the Health and Safety Code, but does not
include an agreement with a dealer who deals exclusively in truck
campers.



11713.25.  (a) A computer vendor shall not do any of the following:
   (1) Access, modify, or extract information from a confidential
dealer computer record or personally identifiable consumer data from
a dealer without first obtaining express written consent from the
dealer and without maintaining administrative, technical, and
physical safeguards to protect the security, confidentiality, and
integrity of the information.
   (2) (A) Except as provided in subparagraph (B), require a dealer
as a condition of doing or continuing to do business, to give express
consent to perform the activities specified in paragraph (1).
   (B) Express consent may be required as a condition of doing or
continuing to do business if the consent is limited to permitting
access to personally identifiable consumer data to the extent
necessary to do any of the following:
   (i) To protect against, or prevent actual or potential fraud,
unauthorized transactions, claims, or other liability, or to protect
against breaches of confidentiality or security of consumer records.
   (ii) To comply with institutional risk control or to resolve
consumer disputes or inquiries.
   (iii) To comply with federal, state, or local laws, rules, and
other applicable legal requirements, including lawful requirements of
a law enforcement or governmental agency.
   (iv) To comply with lawful requirements of a self-regulatory
organization or as necessary to perform an investigation on a matter
related to public safety.
   (v) To comply with a properly authorized civil, criminal, or
regulatory investigation, or subpoena or summons by federal, state,
or local authorities.
   (vi) To make other use of personally identifiable consumer data
with the express written consent of the consumer that has not been
revoked by the consumer.
   (3) Use electronic, contractual, or other means to prevent or
interfere with the lawful efforts of a dealer to comply with federal
and state data security and privacy laws and to maintain the
security, integrity, and confidentiality of confidential dealer
computer records, including, but not limited to, the ability of a
dealer to monitor specific data accessed from or written to the
dealer computer system. Waiver of this subdivision or purported
consents authorizing the activities proscribed by the subdivision is
void.
   (b) A dealer shall have the right to prospectively revoke an
express consent by providing a 10-day written notice to the computer
vendor to whom the consent was provided or on any shorter period of
notice agreed to by the computer vendor and the dealer. An agreement
that requires a dealer to waive its right to prospectively revoke an
express consent is void.
   (c) For the purposes of this section, the following terms mean as
follows:
   (1) "Confidential dealer computer record" means a computer record
residing on the dealer's computer system that contains, in whole or
in part, any personally identifiable consumer data, or the dealer's
financial or other proprietary data.
   (2) "Computer vendor" means a person, other than a manufacturer,
manufacturer branch, distributor, or distributor branch, who in the
ordinary course of that person's business configured, sold, leased,
licensed, maintained, or otherwise made available to a dealer, a
dealer computer system.
   (3) "Dealer computer system" means a computer system or
computerized application primarily designed for use by and sold to a
motor vehicle dealer that, by ownership, lease, license, or
otherwise, is used by and in the ordinary course of business of a
dealer.
   (4) "Express consent" means the unrevoked written consent signed
by a dealer that specifically describes the data that may be
accessed, the means by which it may be accessed, the purpose for
which it may be used, and the person or class of persons to whom it
may be disclosed.
   (5) "Personally identifiable consumer data" means information that
is any of the following:
   (A) Information of the type specified in subparagraph (A) of
paragraph (6) of subdivision (e) of Section 1798.83 of the Civil
Code.
   (B) Information that is nonpublic personal information as defined
in Section 313.3(n)(1) of Title 16 of the Code of Federal
Regulations.
   (C) Information that is nonpublic personal information as defined
in subdivision (a) of Section 4052 of the Financial Code.
   (d) This section does not limit a duty that a dealer may have to
safeguard the security and privacy of records maintained by the
dealer.



11714.  (a) The department, upon granting a license, shall issue to
the applicant a license containing the applicant's name and address
and the general distinguishing number assigned to the applicant.
   (b) A dealer shall not sell any vehicle at retail at a location
that is not posted pursuant to Section 11709.
   (c) A dealer who is authorized by the department to sell motor
vehicles only at wholesale shall not sell any vehicle at retail and
shall report every sale to the department on the wholesale report of
sale form prescribed by the department.
   (d) When the department has issued a license pursuant to
subdivision (a), the licensee may apply for and the department shall
issue special plates which shall have displayed thereon the general
distinguishing number assigned to the applicant. Each plate so issued
shall also contain a number or symbol identifying the plate from
every other plate bearing a like general distinguishing number.
   (e) The department shall also furnish books and forms as it may
determine necessary. Such books and forms are and shall remain the
property of the department and may be taken up at any time for
inspection.



11715.  (a) A manufacturer, remanufacturer, distributor, or dealer
owning or lawfully possessing any vehicle of a type otherwise
required to be registered under this code may operate or move the
vehicle upon the highways without registering the vehicle upon
condition that the vehicle displays special plates issued to the
owner as provided in this chapter, in addition to other license
plates or permits already assigned and attached to the vehicle in the
manner prescribed in Sections 5200 to 5203, inclusive. A vehicle for
sale or lease by a dealer may also be operated or moved upon the
highways without registration for a period not to exceed seven days
by a prospective buyer or lessee who is test-driving the vehicle for
possible purchase or lease, if the vehicle is in compliance with this
condition. The vehicle may also be moved or operated for the purpose
of towing or transporting by any lawful method other vehicles.
   (b) A transporter may operate or move any owned or lawfully
possessed vehicle of like type by any lawful method upon the highways
solely for the purpose of delivery, upon condition that there be
displayed upon each vehicle in contact with the highway special
license plates issued to the transporter as provided in this chapter,
in addition to any license plates or permits already assigned and
attached to the vehicle in the manner prescribed in Sections 5200 to
5203, inclusive. The vehicles may be used for the purpose of towing
or transporting by any lawful method other vehicles when the towing
or transporting vehicle is being delivered for sale or to the owner
thereof.
   (c) This section does not apply to any manufacturer,
remanufacturer, transporter, distributor, or dealer operating or
moving a vehicle as provided in Section 11716.
   (d) This section does not apply to work or service vehicles owned
by a manufacturer, remanufacturer, transporter, distributor, or
dealer. This section does not apply to vehicles owned and leased by
dealers, except those vehicles rented or leased to vehicle
salespersons in the course of their employment for purposes of
display or demonstration, nor to any unregistered vehicles used to
transport more than one load of other vehicles for the purpose of
sale.
   (e) This section does not apply to vehicles currently registered
in this state that are owned and operated by a licensed dealer when
the notice of transfer has been forwarded to the department by the
former owner of record pursuant to Section 5900 and when a copy of
the notice is displayed as follows:
   (1) For a motorcycle or motor-driven cycle, the notice is
displayed in a conspicuous manner upon the vehicle.
   (2) For a vehicle other than a motorcycle or motor-driven cycle,
the notice is displayed in the lower right-hand corner of the
windshield of the vehicle, as specified in paragraph (3) of
subdivision (b) of Section 26708.
   (f) Every owner, upon receipt of a registration card issued for
special plates, shall maintain the same or a facsimile copy thereof
with the vehicle bearing the special plates.



11716.  A manufacturer, remanufacturer, transporter, distributor, or
dealer, in the course of business, may operate or move any vehicle
of a type otherwise required to be registered under this code without
registering the vehicle, and without license or special plates
attached thereto, from a vessel, railroad depot, or warehouse over
the highways to a warehouse or salesroom upon first having obtained a
written permit from the department authorizing that operation.



11717.  (a) Every occupational license and special plate issued
under this article shall be valid for a period of one year from
midnight of the last day of the month of issuance. Except as provided
in subdivision (c), renewal of the occupational license and special
plates for the ensuing year may be obtained by the person to whom the
occupational license and special plates were issued upon application
to the department and payment of the fee provided in this code.
   (b) Every application for the renewal of an occupational license
and special plates which expire pursuant to this section shall be
made by the person to whom issued not more than 90 days prior to the
expiration date, and shall be made by presenting the completed
application form provided by the department and by payment of the
full annual renewal fee for the occupational license and special
plates.
   (c) If the application for renewal of the occupational license and
special plates is not made by midnight of the expiration date, the
application may be made within 30 days following expiration of the
license by paying the annual renewal fee and a penalty fee equal to
the amount of the original application fee for each occupational
license held. A penalty as specified in Sections 9553 and 9554 shall
also be added to each special plate renewed during the 30-day period
following expiration of the special plates.
   (d) In no event may the licensee renew the occupational license or
special plates after the expiration of the 30-day period authorized
in subdivision (c).



11718.  Except where the provisions of this code require the refusal
to issue a license, the department may issue a probationary license
subject to conditions to be observed by the licensee in the exercise
of the privilege granted. The conditions to be attached to the
exercise of the privilege shall not appear on the face of the license
but shall be such as may, in the judgment of the department, be in
the public interest and suitable to the qualifications of the
applicant as disclosed by the application and investigation by the
department of the information contained therein.



11719.  Pending the satisfaction of the department that the
applicant has met the requirements under this article, it may issue a
temporary permit to any person applying for a manufacturer's,
manufacturer's branch, remanufacturer's, remanufacturer's branch,
distributor's, distributor's branch, transporter's, or dealer's
license and special plates. The temporary permit shall permit the
operation by the manufacturer, manufacturer branch, remanufacturer,
remanufacturer branch, distributor, distributor branch, transporter,
or dealer for a period not to exceed 120 days while the department is
completing its investigation and determination of all facts relative
to the qualifications of the applicant to the license and special
plates. The department may cancel the temporary permit when it has
determined, or has reasonable cause to believe, that the application
is incorrect or incomplete or the temporary permit was issued in
error. The temporary permit is invalid when canceled or when the
applicant's license has been issued or refused.




11720.  The department may issue a certificate of convenience to the
executor, executrix, administrator or administratrix of the estate
of a deceased holder of validly outstanding special plates and
license issued under this article, or if no executor, executrix,
administrator or administratrix has been appointed, and until a
certified copy of an order making such appointment is filed with the
department, to the surviving spouse or other heir otherwise entitled
to conduct the business of the deceased, permitting such person to
exercise the privileges granted by such special plates and license
for a period of one year from and after the date of death and
necessary one-year renewals thereafter, pending, but not later than,
disposal of the business and qualification of the vendee of the
business or such surviving spouse, heir or other persons for such
special plates and license under the provisions of this article. The
department may restrict or condition the license and attach to the
exercise of the privileges thereunder such terms and conditions as in
its judgment the protection of the public requires.



11721.  The special plates and licenses provided for in this article
shall be automatically canceled upon the happening of any of the
following:
   (a) The abandonment of the established place of business of the
dealer or the change thereof without notice to the department as
provided in Section 11712.
   (b) The failure of the licensee to maintain an adequate bond or to
procure and file another bond as provided in Section 11710 prior to
the effective date of the termination by the surety of any existing
bond.
   (c) The voluntary or involuntary surrender for any cause by the
licensee of the special plates and license, except that the surrender
of the special plates and license, the cessation of business by the
licensee, or the suspension or revocation of the corporate status of
the licensee, does not preclude the filing of an accusation for
revocation or suspension of the surrendered license as provided in
Section 11705, does not affect the department's decision to suspend
or revoke the license. The department's determination to suspend or
revoke the license may be considered in issuing or refusing to issue
any subsequent license authorized by this division to that licensee
or to a business representative of that prior licensee.
   (d) Notification to the department that the person designated as
licensee has changed, except that the special plates issued to the
original licensee may be transferred and the newly designated
licensee as transferee shall succeed to the privileges evidenced by
the plates until their expiration.
   (e) The suspension or revocation of the corporate status of the
licensee.
   (f) The suspension or revocation of the seller's permit of the
licensee by the State Board of Equalization.



11722.  Claims, against the surety upon a dealer's bond, of a
financing agency that has loaned money to a licensee or assignee
thereof shall be allowed only to the extent that the claims of any
other person or entity with respect to the bond under Section 11711
shall be satisfied first and entitled to preference over the claims
of the financing agency with respect to the bond ; provided, however,
that as to any conditional sales contract as defined in Section 2981
of the Civil Code, acquired by way of purchase or pledge, a
financing agency shall be entitled to protection under the bond with
the same preference set forth under Section 11711 if the financing
agency is defrauded by a licensee.



11723.  The board may require that fees shall be paid to the
department for the issuance or renewal of a license to do business as
a new motor vehicle dealer, dealer branch, manufacturer,
manufacturer branch, distributor, distributor branch, or
representative. The fees shall be to reimburse the department for
costs incurred in licensing those dealers, manufacturers,
distributors, branches, and representatives and for related
administrative costs incurred on behalf of the board. The board may
also require that an additional fee be paid to the department when
the licensee has failed to pay the fee authorized by Section 3016
prior to the expiration of its occupational license and special
plates and the licensee utilizes the 30-day late renewal period
authorized by subdivision (c) of Section 11717.
   This section shall not apply to dealers, manufacturers,
distributors, or representatives of vehicles not subject to
registration under this code, except dealers, manufacturers,
manufacturer branches, distributors, distributor branches, or
representatives of, off-highway motorcycles, as defined in Section
436, all-terrain vehicles, as defined in Section 111, and trailers
subject to identification pursuant to Section 5014.1.



11724.  A dealer, or the agent of a dealer, who has received a
notice pursuant to Section 7507.6 of the Business and Professions
Code, shall not make a subsequent assignment to skip trace, locate,
or repossess a vehicle without simultaneously, and in the same manner
by which the assignment is given, advising the assignee of the
assignment of the information contained in the notice. As used in
this section, "assignment" has the same meaning set forth in Section
7500.1 of the Business and Professions Code.



11725.  (a) No person shall transport or drive any motor vehicle
from this state outside of the United States with the intent to
register or sell such vehicle in a foreign jurisdiction, without
first removing the license plates and delivering them to the
department. Such person may obtain a permit from the department
authorizing the operation of the unlicensed motor vehicle on the
public highways of this state in order to reach such foreign
jurisdiction. Failure to deliver the license plates as required by
this subdivision shall be a misdemeanor.
   (b) No holder of any license, or any temporary permit for such
license issued under this division, shall deliver any vehicle
following sale without first removing all license plates from such
vehicle when it is known by the licensee that the vehicle is to be
exported to a foreign jurisdiction outside of the United States.




11726.  Any licensee suffering pecuniary loss because of any willful
failure by any other licensee to comply with any provision of
Article 1 (commencing with Section 11700) or 3 (commencing with
Section 11900) of Chapter 4 of Division 5 or Article 3 (commencing
with Section 3052) of Chapter 6 of Division 2 or with any regulation
adopted by the department or any rule adopted or decision rendered by
the board under authority vested in them may recover damages and
reasonable attorney fees therefor in any court of competent
jurisdiction. Any such licensee may also have appropriate injunctive
relief in any such court.


11727.  The revocation or suspension of a license of a manufacturer,
manufacturer branch, distributor, distributor branch, or
representative may be limited to one or more municipalities or
counties or any other defined area, or may be revoked or suspended in
a defined area only as to certain aspects of its business, or as to
a specified dealer or dealers.



11728.  As part of a compromise settlement agreement entered into
pursuant to Section 11707 or 11808.5, the department may assess a
monetary penalty of not more than two thousand five hundred dollars
($2,500) per violation and impose a license suspension of not more
than 30 days for any dealer who violates subdivision (r) of Section
11713. The extent of the penalties shall be based on the nature of
the violation and effect of the violation on the purposes of this
article. Except for the penalty limits provided for in Sections 11707
and 11808.5, all the provisions governing compromise settlement
agreements for dealers, salespersons, and wholesalers apply to this
section, and Section 11415.60 of the Government Code does not apply.




11729.  (a) Except as provided in subdivision (b), any dealer
engaging in a consignment with an owner not licensed as a dealer,
manufacturer, manufacturer branch, distributor, or a distributor
branch licensed under this code, and the consignment is not otherwise
prohibited by this code, shall execute a consignment agreement as
prescribed by Section 11730. The failure of a dealer, when required
under this section, to complete and comply with the terms of the
prescribed consignment agreement for any vehicle which the dealer
agrees to accept on consignment, or to pay the agreed amount to the
consignor or his or her designee within 20 days after the date of
sale of the vehicle, is cause for suspending or revoking the license
of the dealer under paragraph (10) of subdivision (a) of Section
11705.
   (b) (1) A dealer conducting retail auction sales on behalf of a
fleet owner shall execute a consignment agreement applicable to all
vehicles consigned for sale during the term of the agreement which
contains, at a minimum, substantially all of the terms, phrases,
conditions, and disclosures required by Section 11730, except the
following are not required:
   (A) The description of a specific vehicle by year, make,
identification number, license, state, or mileage.
   (B) The information contained in paragraph (4) of subdivision (b)
of Section 11730.
   (2) If mutually agreeable, in lieu of the requirements of
paragraph (7) of subdivision (b) of Section 11730, the consignor may
provide the documents necessary to transfer the ownership of the
vehicle to the consignee prior to the auction being held.
   (3) For purposes of this subdivision, "fleet owner" is either of
the following:
   (A) A person who is the registered or legal owner of 25 or more
vehicles registered in this state and is the owner, as recorded in
the department's records, of the vehicles consigned for sale to the
dealer.
   (B) A bankruptcy trustee who owns or has legal control of the
vehicles consigned for sale to the dealer, government agency, or
financial institution.


11730.  The consignment agreement required by Section 11729 shall
contain all the following terms, phrases, conditions, and
disclosures:
   (a) The date the agreement is executed.
   (b) All of the following statements:
   (1) "I (We), the undersigned consigner(s), hereby consign and
deliver possession of my(our) vehicle, which is a (Year) ____ (Make)
____ (ID#) ____ (License) ____ (State) ____ (Mileage) ____, to
(Consignee) _____ (Dealer #) ____ for the sole purpose of selling the
vehicle and paying, to the consignor or his or her designee from the
proceeds of the sale of the vehicle, the amount agreed upon under
terms of this agreement. This agreement is effective and valid only
for a period of ____ days from this date."
   (2) "At the termination of this agreement, the consignee shall
return the vehicle to the consignor, or, at the option of both the
consignor and consignee, enter into a new agreement."
   (3) "If the vehicle is sold by the consignee during the term of
this agreement, the money due the consignor shall be disbursed within
20 days after the date of sale in accordance with the terms of this
agreement. As used in this agreement, a "sale" occurs when the
consignee either (A) receives the purchase price or its equivalent or
executes a conditional sales contract for the vehicle, or (B) when
the purchaser takes delivery of the vehicle, whichever occurs first."
   (4) "The following information shall be completed prior to the
signing of this agreement:
   Current market value: $____ Source: ____.
   Outstanding liens: $____ Lienholder: ____.
   (Any difference between the outstanding amount shown and the
actual payoff to the lienholder will be credited to the consignor.)
   Repairs to be made: $____ Work Order #____.
   Moneys to the consignor: ____ percent of sale price, flat fee of
$____ or the following specific formula: ____."
   (5) "Within 20 days after sale, the consignee shall make an
accounting to the consignor of all of the following: date of sale,
repairs authorized by consignor (supported by work records), exact
amount of any liens payable to lienholders, evidence of payment of
any liens, and the total sales price."
   (6) "The consigned vehicle is delivered to the consignee in trust
for the exact terms set forth in this agreement. The consignee agrees
to receive this vehicle in trust and not to permit its use for any
other purpose other than contained in this agreement without the
express written consent of the consignor."
   (7) "Upon payment of the moneys due the consignor, the consignor
agrees to furnish the consignee those documents necessary to transfer
the ownership of the vehicle to the purchaser.

   Signatures:

                  Consignor   Date
                       Address
                  Consignor   Date
                      Address "

   (8) "NOTICE TO CONSIGNOR: Failure of the consignee to comply with
the terms of this agreement may be a violation of statute which could
result in criminal or administrative sanctions, or both. If you feel
the consignee has not complied with the terms of this agreement,
please contact an investigator of the Department of Motor Vehicles."



11735.  (a) No dealer shall engage in brokering a retail sales
transaction without first paying the fee required by subdivision (d)
of Section 9262 and obtaining from the department an autobroker's
endorsement to the dealer's license. An autobroker's endorsement
shall be automatically cancelled upon the cancellation, suspension,
revocation, surrender, or expiration of a dealer's license.
   (b) Upon the issuance of an autobroker's endorsement to a dealer's
license, the department shall furnish the dealer with an autobroker'
s log. The autobroker's log shall remain the property of the
department and may be taken up at any time for inspection.
   (c) The autobroker's log shall contain spaces sufficient for the
dealer to record the following information with respect to each
retail sale brokered by that dealer:
   (1) Vehicle identification number of brokered vehicle.
   (2) Date of brokering agreement.
   (3) Selling dealer's name, address, and dealer number.
   (4) Name of consumer.
   (5) Brokering dealer's name and dealer number.
   (d) Nothing in this code prohibits a dealer who has been issued an
autobroker's endorsement to his or her dealer's license from
delivering, with the selling dealer's written approval, motor
vehicles that have been sold pursuant to a duly executed motor
vehicle purchase agreement or obtaining a consumer's signature on a
selling dealer's motor vehicle purchase agreement that has already
been executed by the selling dealer.
   (e) When brokering a retail sale as an agent of the consumer,
selling dealer, or both, the brokering dealer owes a fiduciary duty
of utmost care, integrity, honesty, and loyalty in dealings with its
principal or principals.
   (f) For purposes of this section and Sections 11736, 11737, and
11738, "consumer" means any person who retains a dealer to perform
brokering services in connection with a retail sale.



11736.  It is unlawful for any dealer licensed under this article to
do any of the following when brokering a retail sale:
   (a) Fail to execute a written brokering agreement, as described in
Section 11738, and provide a completed copy to both of the
following:
   (1) Any consumer entering into the brokering agreement. The
completed copy shall be provided prior to the consumer's signing of
an agreement for the purchase of the vehicle described in the
brokering agreement or, prior to accepting one hundred dollars ($100)
or more from that consumer, whichever occurs first.
   (2) The selling dealer. The completed copy shall be provided prior
to the selling dealer's entering into a purchase agreement with the
consumer.
   (b) Accept a purchase deposit from any consumer that exceeds 2.5
percent of the selling price of the vehicle described in the
brokering agreement.
   (c) Fail to refund any purchase money, including purchase
deposits, upon demand by a consumer at any time prior to the consumer'
s signing of a vehicle purchase agreement with a selling dealer and
taking delivery of the vehicle described in the brokering agreement.
   (d) Fail to cancel a brokering agreement and refund, upon demand,
any money paid by a consumer, including any brokerage fee, under any
of the following circumstances:
   (1) When the final price of the brokered vehicle exceeds the
purchase price listed in the brokering agreement.
   (2) When the vehicle delivered is not as described in the
brokering agreement.
   (3) When the brokering agreement expires prior to the customer
being presented with a purchase agreement from a selling dealer
arranged through the brokering dealer that contains a purchase price
at or below the price listed in the brokering agreement.
   (e) Act as a seller and provide brokering services, both in the
same transaction.
   (f) Fail to disclose to the consumer and selling dealer, as soon
as practicable, whether the autobroker receives or does not receive a
fee or other compensation, regardless of the form or time of
payment, from the selling dealer and the dollar amount of any fee
that the consumer is obligated to pay to the autobroker. This
arrangement shall be confirmed in a brokering agreement.
   (g) Fail to record in the dealer's autobroker log, for each
brokered sale, all of the information specified in subdivision (c) of
Section 11735.
   (h) Fail to maintain for a minimum of three years a copy of the
executed brokering agreement and other notices and documents related
to each brokered transaction.
   (i) Fail to advise the consumer, prior to accepting any money,
that a full refund will be given if the motor vehicle ordered through
the autobroker is not obtained for the consumer or if the service
orally contracted for is not provided.


11737.  (a) A dealer who brokers a motor vehicle sale shall deposit
directly into a trust account any purchase money, including purchase
deposits, it receives from a consumer or a consumer's lender. This
subdivision does not require a separate trust account for each
brokered transaction.
   (b) The brokering dealer shall not in any manner encumber the
corpus of the trust account except as follows:
   (1) In partial or full payment to a selling dealer for a vehicle
purchased by the brokering dealer's consumer.
   (2) To make refunds.
   (c) Subdivision (b) shall not prevent payment of the interest
earned on the trust account to the brokering dealer.
   (d) The brokering dealer shall serve as trustee of the trust
account required by this section. If the brokering dealer is a
partnership or a corporation, the managing partner of the partnership
or the chief executive officer of the corporation shall be the
trustee. The trustee may designate in writing that an officer or
employee may manage the trust account if that officer or employee is
under the trustee's supervision and control, and the original of that
writing is on file with the department.
   (e) All trust accounts required by this section shall be
maintained at a branch of a bank, savings and loan association, or
credit union regulated by the state or the government of the United
States.
   (f) The brokering dealer has a fiduciary responsibility with
respect to all purchase money received from a consumer or consumer's
lender relative to a brokered sale transaction.
   (g) The following are deemed to be held in trust for consumers who
have paid purchase money to a brokering dealer:
   (1) All sums received by the brokering dealer whether or not
required to be deposited in an actual trust account and regardless of
whether any of these sums were required to be deposited or actually
were deposited in a trust account.
   (2) All property with which any of the sums described in paragraph
(1) has been commingled if any of these sums cannot be identified
because of the commingling.
   (h) Upon any judicially ordered distribution of any money or
property required to be held in trust and after all expenses of
distribution approved by the court have been paid, every consumer of
a brokering dealer has a claim on the trust for purchase money
payments made to the brokering dealer. Unless a consumer can identify
his or her funds in the trust within the time established by the
court, each consumer shall receive a proportional share based on the
amount paid.


11738.  The brokering agreement required by Section 11736 shall be
printed in no smaller than 10-point type and shall contain not less
than the following terms, conditions, requirements, and disclosures:
   (a) The name, address, license number, and telephone number of the
autobroker.
   (b) A complete description, including line-make, model, year
model, and color, of the vehicle and the desired options.
   (c) The following statement:
   "The following information shall be completed prior to the signing
of this brokering agreement:
Dollar Purchase Price of Vehicle: ______.
Date this agreement will expire if a purchase agreement from a
selling dealer is not presented for your signature:  __________.
Fee that you will be obligated to pay us, if any:  __________."
   (d) One of the following notices, as appropriate, printed in at
least 10-point bold type and placed immediately below the statement
required by subdivision (c):
    (1) "We do not receive a fee from the selling dealer."
    (2) "We receive a fee from the selling dealer."
   (e) The following notice on the face of the brokering agreement
with a heading in at least 14-point bold type and the text in at
least 10-point bold type, circumscribed by a line, that reads as
follows:

  ------------------------------------------------
|                                                |
|                                                |
|                     NOTICE                     |
|                                                |
|                                                |
|                                                |
|This is an agreement to provide services; it is |
|not an agreement for the purchase of a vehicle. |
|California law gives you the following rights   |
|and protection.                                 |
|Once you have signed this agreement, you have   |
|the right to cancel it and receive a full       |
|refund of any money paid,     including any     |
|brokerage fee you may have paid, under any of   |
|the following circumstances:                    |
|(1) The final price of the vehicle exceeds the  |
|purchase price listed above.                    |
|(2) The vehicle is not as described above upon  |
|delivery.                                       |
|(3) This agreement expires prior to your being  |
|presented with a selling dealer's purchase      |
|agreement.                                      |
|If you have paid a purchase deposit, you have   |
|the right to receive a refund of that deposit   |
|at any time prior to your signing a vehicle     |
|purchase agreement with a selling dealer.       |
|Purchase deposits are limited by law to no more |
|than 2.5 percent of the purchase price of a     |
|vehicle and must be deposited by an autobroker  |
|or auto buying service in a federally insured   |
|trust account. If you are unable to resolve a   |
|dispute with your autobroker or auto buying     |
|service, please contact an investigator of the  |
|Department of Motor Vehicles.                   |
  ------------------------------------------------

   (f) The date the agreement is executed.
   (g) The signature of the autobroker and consumer.



11739.  For purposes of title registration, warranties, rebates, and
incentives, in a brokered retail new motor vehicle sale, the
selling, franchised new car dealer, and not the autobroker, is
responsible to apply for title in the name of the purchaser, to
secure vehicle registration and the license plates for the purchaser,
to secure the manufacturer's warranty in the name of the purchaser,
and to make all applications for any manufacturer's rebates and
incentives due the purchaser. If there is a manufacturer's recall,
the consumer shall be notified directly by the manufacturer.



11740.  The remedies and penalties provided in this code for a
violation of this article are cumulative to the remedies and
penalties provided by other laws.