2020 Georgia Code
Title 43 - Professions and Businesses
Chapter 47 - Used Motor Vehicle and Used Motor Vehicle Parts Dealers
§ 43-47-7. Required License; Records
- It shall be unlawful for any person to operate as a used motor vehicle dealer in this state without first registering and obtaining a license from the used car division as provided in this chapter.
- It shall be unlawful for any person to operate as a used motor vehicle parts dealer in this state without first registering and obtaining a license from the used parts division as provided in this chapter.
- It shall be unlawful for any used car dealer or any used parts dealer willfully to fail to keep the records required to be kept by this chapter.
(Ga. L. 1958, p. 55, § 3; Ga. L. 1968, p. 23, § 3; Ga. L. 1983, p. 550, § 2; Ga. L. 1988, p. 1504, § 3; Ga. L. 1989, p. 14, § 43; Ga. L. 1989, p. 154, § 3; Ga. L. 1995, p. 441, § 1.)
Law reviews.- For note on 1989 amendment to this Code section, see 6 Georgia St. U.L. Rev. 312 (1989).
OPINIONS OF THE ATTORNEY GENERAL
Antique used car dealers who must register.
- If seller of antique automobiles is a "used car dealer" as defined in Ga. L. 1958, p. 55, § 2 (see now O.C.G.A. § 43-47-2), the seller must register and obtain a license as provided in Ga. L. 1958, p. 55, §§ 3 and 13 (see now O.C.G.A. §§ 43-47-7 and43-47-12). 1969 Op. Att'y Gen. No. 69-386.
Franchised motor vehicle dealer solely engaged in the sale of used cars at a temporary location in a county outside the county in which the franchise is located is a used motor vehicle dealer and is subject to the licensure requirements of the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, O.C.G.A. § 43-47-1 et seq. 2001 Op. Att'y Gen. No. 2001-7.
"Auto broker" required to register and obtain license.
- An "auto broker" who engages in the business of soliciting, offering, displaying, or advertising the sale of used motor vehicles was a "used car dealer" within the meaning of former O.C.G.A. § 43-47-2(6)(A)(i) and had to register and obtain a license from the Georgia State Board of Registration of Used Car Dealers. 1981 Op. Att'y Gen. No. 81-10.
Licensed auctioneers who sell used motor vehicles on consignment must also be licensed as used car dealers unless such sales are made by a used car dealer or a financial institution. Auction companies which auction used motor vehicles on consignment must also be registered as used car dealers if such sales are made to independent motor vehicle dealers or to individual consumers. 1991 Op. Att'y Gen. No. 91-15.
One denied "dealer tags" for failing to register not entitled to refund of occupational tax.
- Person who has paid the occupational tax as a used car dealer but who is prohibited from receiving and using "dealer tags" because that person failed to register under Ga. L. 1958, p. 55, § 3 or § 13 (see now O.C.G.A. § 43-47-7 or O.C.G.A. § 43-47-12) is not entitled to a refund of the occupational tax. 1969 Op. Att'y Gen. No. 69-167.
RESEARCH REFERENCES
ALR.
- Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.
Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.
