Companies and institutions may be vulnerable to FTC claims of antitrust or consumer fraud violations without realizing it. Learn how to help prevent such potentially damaging issues through a groundbreaking, BakerHostetler-sponsored symposium on Section 5 of the Federal Trade Commission Act on Thursday, Feb. 26, 2015, from 8:30 a.m. – 5:15 p.m. at The Willard InterContinental in Washington, D.C.
Section 5 broadly prohibits “[un]fair methods of competition” and “unfair or deceptive acts or practices.” It has been aggressively used by the FTC in recent years to challenge sales and marketing conduct by companies as being antitrust or consumer fraud and deception violations. The FTC has challenged conduct that might otherwise be permissible under the Sherman Antitrust Act, an interpretation some courts have endorsed in the past. Recent public investigations against major companies have ensued, seeking consent decrees as well as restitution and disgorgement of profits. Congress has also joined the debate about Section 5, calling for guidelines, which some commissioners have proposed. These important developments have thrust Section 5 back into the sphere of antitrust and unfair competition enforcement, thereby compelling companies and their counsel to take prudent steps to protect themselves from Section 5 prosecutions.
This Section 5 Symposium will bring together present and former representatives from the three branches of government to discuss and debate the origins, past and present use, and future parameters of Section 5 as a renewed enforcement vehicle. Presenters at the symposium include:
The Hon. Joshua D. Wright, Commissioner, Federal Trade Commission, Keynote Speaker
The Hon. Maureen K. Ohlhausen, Commissioner, Federal Trade Commission
The Hon. Douglas H. Ginsburg, Circuit Judge, Federal Court of Appeals for the District of Columbia Circuit
The Hon. William E. Kovacic, former Federal Trade Commission Chairman, and now Professor at George Washington Law School
The Hon. Terry Calvani, former Commissioner, Federal Trade Commission, and now Of Counsel, Freshfields Bruckhaus Deringer LLP
Deborah L. Feinstein, Director of Federal Trade Commission Bureau of Competition
Jessica L. Rich, Director of Federal Trade Commission Bureau of Consumer Protection
Matthew Owen, Chief Counsel to the U.S. Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights, General Counsel to Senator Mike Lee (R-Utah)
Anthony Grossi, Counsel to the U.S. House Committee on the Judiciary, Subcommittee on Regulatory Reform, Commercial and Antitrust Law
Barry J. Cutler, former Director of Federal Trade Commission Bureau of Consumer Protection, and now Of Counsel, BakerHostetler
Susan A. Creighton, former Director of Federal Trade Commission Bureau of Competition, and now Partner, Wilson, Sonsini, Goodrich & Rosati, PC
Marc Winerman, Attorney Advisor to former Federal Trade Commission Chairman Kovacic
Robert H. Lande, former Federal Trade Commission attorney, and now Professor at University of Baltimore Law School
Neil W. Averitt, former Federal Trade Commission attorney and organizer of 2008 Section 5 Federal Trade Commission Public Workshop
along with the state board of equalization guidelines
IF YOUR NEXIS IS WITHIN CALIFORNIA
YOU MUST BE A LICENSED CALIFORNIA CAR DEALER
DMV Place of Business Inspection
After you have arranged an appointment with an Occupational Licensing Inspector he or she will inspect the place of business where the dealer conducts business.
The office of the principal place of business and each location of the dealership must be established to the extent that its construction is not temporary, transitory, or mobile in nature, except that a trailer coach office is acceptable providing it is not part of the dealer’s vehicle inventory being offered for or subject to sale while being used as an office of the dealership and otherwise meets the requirements of the Vehicle Code. The place of business is a place actually occupied either continuously or at regular periods by the dealer. Section 320, CVC.
You have a representative who operates under your authority to sell or take orders in California for any goods
or merchandise. (See California Revenue and Taxation Code section 6203(c)(2).)
Example: Your company does not have inventory in California or employees who sell in this state. Instead, you
use an independent representative who sells your product along with many others. The representative works
on a commission-only basis.
Persons who are “engaged in business” in California (as defined by Revenue and Taxation Code section 6203) are responsible for collecting and remitting the sales or use taxes on all sales of tangible personal property (unless the transaction is otherwise exempt). Circumstances where a retailer is considered to be engaged in business in California, commonly referred to as “nexus,” for sales and use tax purposes include (but are not limited to) the following:
Maintaining, occupying or using any type of office, sales room, warehouse or other place of business in California. This includes use that is temporary, indirect or through an agent or other representative.
Having any kind of representative operating in the state for the purpose of taking orders, making sales or deliveries, installing, or assembling tangible personal property.
Making repairs or providing maintenance or service to property sold, whether by employees, agents or other representatives.
Deriving rentals from a lease of tangible personal property located in California.
California seller’s permit requirements–dealers, wholesalers, and brokers
Dealers and wholesalers
The BOE requires motor vehicle dealers and wholesalers to register for a seller’s permit. When you sell or lease
vehicles, merchandise, or other tangible personal property in California, even temporarily, you are required to hold
a seller’s permit. If you hold a seller’s permit you must report and pay sales and use tax due on your returns.
A broker is a retailer if you have the power to transfer title to property, and exercises it, either:
• By holding title to the property before its sale,
• By completing a bill of sale to the buyer under power of attorney from the legal owner, or
• By getting a signed bill of sale from the legal owner and delivering it to the buyer.
When entering any transactions in which you have the power to transfer title to a vehicle, you are a retailer in those
transactions, and must hold a seller’s permit.
A true broker’s authority, however, is limited to getting offers from potential buyers and conveying the offers to
vehicle owners for their acceptance. As a true broker, you are not liable for the tax, and not required to hold a seller’s
permit. In transactions in which buyers deal with a true broker, the buyer will be liable for use tax.
Note: As a broker, you may collect the use tax due on a purchase of a vehicle, as a convenience to your customer.
If you collect the use tax from a buyer and provide a receipt, you (the broker), not the buyer, are liable for the use
tax amount paid and must pay that amount to the BOE. If the BOE later discovers that additional use tax is due, the
buyer is liable for the additional tax. This procedure allows financing the tax in the purchase price of the vehicle and
helps avoid future misunderstandings about the buyer’s use tax liability.
Buyers; be sure to keep a receipt for any use tax paid to a broker.
If a broker provides this service, they must forward the use tax to the BOE with a statement that shows:
• Name and address of buyer
• Full purchase price of vehicle
• The vehicle identification number (VIN)
You can report your purchases subject to use tax by using eRegistration available on our website at www.
boe.ca.gov. eReg is also available in our field offices. Please contact our Taxpayer Information Section for assistance
HERE ARE SOME ANSWERS FROM THE INDIANA FOLKS
offering wholesale dealer licenses without having a nexus in california
We provide you with a legal business address and a REAL, not virtual office (don’t fall for this scheme from others). You are assisted by our knowledgeable staff with necessary paperwork to prepare your wholesale dealer license application as well as answer any questions about the auto wholesale business. You receive guidance from experienced auction professionals who conduct sales for the world’s largest wholesale auto auction company while being provided with an inside track to success in the auto wholesale industry. View our Services page for more information. Back To Top
What are the requirements for the Auto Wholesale Dealer Licence program?
Office at Indiana Wholesale Dealers, Inc.
Dealer Bond of $25,000
Valid Certificate of Dealers Insurance
Two (2) color copies of your valid driver’s license
For a Bond and insurance quote we can refer you to an insurance professional to help you set up your dealers insurance.
For additional questions regarding requirements, please call us at (219) 595-5172 or send us an e-mail at email@example.com. One of our sales professionals will be happy to provide you with more information. Back To Top
What are the costs to get an Indiana Wholesale Dealers License?
Many other companies will advertise as little as $199 and up to $685 startup costs to have an office. What they only tell you in the fine print is that’s just their registration processing fee!Look out for additional rent and services fees charged by our competitors. Ask them what you’ll have to pay by the time you are licensed?
Indiana Wholesale Dealers, Inc. is committed to offering you, our client and lessee, the most competitive and complete service available. Our full time staff of professionals will handle the processing of all the documents with different governing bodies to establish your business with the State of Indiana. You will be provided with an organized and detailed binder including all the documents we have completed to obtain your licensing.
After the initial payment Indiana Wholesale Dealers Inc. will not ask for any additional service charges or lease payment until you are licensed by the State.
Your bottom line on costs
Included in your Initial Payment of $698.24 to Indiana Wholesale Dealers Inc.:
$200 obtains your lease and reserves your office until your license is approved and your plates arrive in our building
(no further rent is charged until your plates arrive)
$300 Security Deposit
$84 Administrative Fee
$26.52 Merchant Certificate – paid by us to State of Indiana
$87.72 Registration of your S-Corporation (optional) – paid by us to State of Indiana
Insurance and Bond
As little as $1700 annually for the combined minimum required insurance and bond (Payment plans are available from most insurers). We will refer you to expert agents, proficient in the needs of the Indiana Wholease Dealers.
City License $100 - Dependin on which of our properties we were able to place you in, you may be required to appear in person to submit this application. Indiana Wholesale Dealer Licence and 2 plates $20 to $70 prorated to the State’s expiration calendar. the Indiana Secretary of State will issue an invoice for the exact amount due when your license application is accepted.
$300 per month if paid on or before the 1st of the month.
No additional rent is collected until the day the plates arrive in your office and will then be prorated to make all rents due the first of the month.
For additional questions regarding start-up costs, fees, or requirements, please call us at (219) 595-5172, or send us an e-mail at firstname.lastname@example.org. One of our sales professionals will provide you with additional information. Back To Top
Why is it important to have a real office?
Recently the Indiana Secretary of State suspended and fined 26 dealers $2500 who were told by their landlord they had an office that didn’t actually exist. It is your responsibility to make sure the office exists. When you are comparing landlords online be sure to look for a physical address and search for the satellite view to see if there is any possibility the address can house the offices. When you make the required trip to Indiana to complete the licensing requirements it is a good idea to visit the office you are leasing. Back To Top
How do I know I’m dealing with a reputable landlord?
Is it important for the landlord to own the property he is leasing to you?
Absolutely. Unfortunately not all people offering the services we offer are as reputable as we are. Here today, gone tomorrow is a common theme. One competitor was leasing storage units that were in no way compliant until they were caught. The only person that it cost was the dealer who was put out of business and fined. What happened to the landlord? Who knows? He’s gone. Back To Top
Why not become a member of the companies offering membership in an LLC?
Here again you need to get a few questions answered. We suggest you consult with an attorney if this is an option you are considering. If any other member of the LLC conducts themselves inappropriately will all of the members suffer? Are they paying and reporting their taxes? Will you be responsible for them if they are not? How can you develop your own credit at the auctions? Owning your own business makes you the only person you have to worry about. It’s your business reputation at stake. Can you trust it to a complete stranger doing business under the same license you are? Back To Top
How long does the wholesale dealer license process take?
From the time of submittal, usually around five (5) weeks.
We complete all of the necessary paperwork to prepare your applications for the Local, State, and Federal Government agencies which are included in the following activities:
Lease and application signing for your office space from Indiana Wholesale Dealers, Inc providing your company with a legally compliant business address
We guide you to Insurance personnel for competitive pricing on Bonding and Dealer Insurance coverage
We register your Small Business Corporation (your choice) with the Indiana Secretary of State
We apply to the Internal Revenue Service for your Employer Identification Number (EIN also known as FID)
We apply to the Indiana Department of Revenue for your Retail Merchant Certificate (required for license and provides Sales Tax exemption)
We complete your application for a Wholesale Dealer license and up to two (2) dealer plates
Meeting with the Secretary of State’s investigator is schedules to review rules. We will notify you in advance of the date. It is held less than eight (8) miles from our office and Hammond City Hall. You must be present for this meeting.
As soon as convenient, you submit in person the City of Hammond Licence Application we will provide you.
The day all necessary documents are accumulated, in our office, your application will be sent to the Secretary of State by overnight delivery.
After the review and verification of your application by the state you will be invoiced by the Dealer Division to advise you of the prorated fees required to issue your Wholesale Dealer license and plates. You send them the invoiced amount and they ship the license and plates. Once received in your office we will provide you with a packet to register with and attend wholesale dealer auctions nationwide. Back To Top
What does the insurance and bond cost and where do I get them?
Dealer liability insurance plus a $25,000 Bond is a requirement. Insurance costs can be as little as $1450 annually. Flexible payment plans are available for this premium. Bond cost (with good credit) is as little as $250 annually. For competitive quotes, we will refer you to insurance experts, proficient in the needs of Indiana Wholesalers. Back To Top
What if I reside in another state?
You do not have to be an Indiana resident. Your office at our facility provides the business address required to fulfill licensing compliance. You may need to make a trip to Northwest Indiana. Some communities we offer services in require a personal appearance fot the initial city approval. After you are licensed 120 days, the Secretary of State conducts random inspections of dealer records which must take place in your office. You, the dealer, or your legal representative must be present for the inspection. You will be notified in advance of the date and location. For out of state traveler’s we are the closest facility of our kind. Located just 40 minutes from Chicago O’Hare Airport (ORD) with easy access from I-80/94 or I-90. Everything you need to do will take place within a few miles of our office. This trip could be required to submit your application for the City License. We will notify you in advance if this will be required. Back To Top
Is it legal to drive in or out of state with Indiana dealer license plates?
You are legal in all 50 states as a registered dealer. Registration and proof of insurance must be present with the plates at all times. Back To Top
Where can I buy wholesale cars and trucks?
There are hundreds of dealer only auto auctions nationwide. Here are some of the major ones; keep in mind there might be many other privately owned auctions in your area that you can have access to once you are licensed. Auctions Back To Top
What wholesale auto auctions can I attend?
After registering with any dealer auction (we provide a list), you are able to purchase vehicles. Sale days differ with each auction, so check their schedule. Many auctions today have online access, in which you are able to view upcoming sales events and purchase online. Back To Top
Are there warranties on autos at auction?
Warranties and guarantees are offered at auto wholesale auctions. However, auction rules vary greatly! It is in your best interest to study each auctions set of rules. Pre and post sale inspections are also available. Inquire with each auction. Back To Top
How can I retail a wholesale vehicle?*
In order to process a retail transaction for a vehicle, the retail transaction* must be processed by a licensed retail dealer in the United States. Your retail transactions can take place through our retail division. We will have all necessary forms for the completion of your sale. Our retail professional can assist you with general questions to help with titles and processing.
Retail is a service we maintain for our dealer clients only. They are wholesalers. We hold a retail license at our facility specifically and exclusively for this purpose. We do not buy and sell cars at that location for our profit. To prevent any competition for you, there is no inventory at our office building.
We do all the paper work and supply a temporary plate. The fee per transaction is $100. The buyer, title, and vehicle to be sold, must come to our property and we collect Indiana Sales tax.
All transactions are AS-IS. Titles, with available space for two reassignments, must be present for all transactions and will be provided to buyers when funding is confirmed by our bank. At that time funds from the sale will be distributed to our Dealer Client.
Please call us at (219) 595-5172 or email at email@example.com for all costs and fees. Our sales professionals will be happy to provide you with additional information.
*This program is exclusive and only available to our dealer clients with valid leases in an Indiana Wholesale Dealers, Inc. facility. Back To Top
Can I export cars to other countries?
If you have the contacts to sell overseas but do not want the hassle of purchasing vehicles at retail prices, paying taxes, and registering cars every time, then a wholesale license is the solution. With your wholesale dealer license, you do not have to register vehicles when you buy them at auctions or pay a sales tax. There is no limit to how many cars you can sell. Become a wholesale auto dealer with Indiana Wholesale Dealers, Inc. to take advantage of export opportunity. Purchase from hundreds of wholesale auto auctions nationwide to find the right vehicle for your client. As an exporter, you will need to move vehicles around. Your dealer plates make this legal. For more information on exporting vehicles, visit the U.S. Customs web site. Back To Top
Can I buy salvage autos?
The salvage and rebuilt car and truck market is huge. Large profits are often realized by mechanics and body repair men offering rebuilt vehicles in the wholesale auto marketplace. Some of the largest salvage vehicle auctions have facilities within minutes of our offices. Once properly licensed by the Indiana Secretary of State, Dealer Division, through the simple application process provided by Indiana Wholesale Dealers, Inc., you would have full access to the wide range of vehicles they offer. Back To Top
Can I buy damaged cars for parts?
There are many insurance auctions where you can by cars in need of repair. As a wholesaler, you do not have to pay sales tax or register the vehicles. You may purchase vehicles with clean titles but also salvage and rebuilt in some states. Many auctions specialize in salvage and damaged vehicles. However, each state has different rules in regards to purchases of such vehicles. Inquire with that particular auction about qualifying with your Indiana Wholesale license. Back To Top
I’m not comfortable providing my information over the internet. What should I do?
Rest assured that our registration page is SSL secured (note the https at the start of the address) with a viewable Certificate of Authority to ensure safe transmission of your information. Otherwise, please feel free to contact one of our customer service representatives at (219) 595-5172. They will be happy to assist you over the phone. Back To Top
How can I get started?
Once you submit the registration form you are on your way to becoming a licensed Indiana Wholesale Dealer. Start Here! Back To Top
Rosemary Shahan, president of CARS, speaks at the CFPB’s first public forum on auto lending in November.
SACRAMENTO, Calif. — Consumers for Auto Reliability and Safety (CARS), a consumer advocacy group, submitted a new ballot initiative to the California attorney general’s office on Oct. 30. Part of the initiative calls for the elimination of dealer markup, a practice currently being scrutinized by the Consumer Financial Protection Bureau (CFPB).
Rosemary Shahan, president of CARS, discussed the ballot measure during the CFPB’s first public forum on auto lending, held on Nov. 15 at its Washington, D.C., headquarters. The Car Buyers Protection Act is slated to appear on the November 2014 ballot.
“I would note that the provision [aimed at eliminating dealer markup] in the initiative that we just filed … polled at 82 percent support,” Shahan said during the CFPB forum, for which she served as a panelist. “And there isn’t a lot these days that polls so resoundingly well.”
Most industry and regulatory representatives present at the forum, including CFPB Director Richard Cordray, agreed that dealers deserve to be compensated for arranging financing for consumers. The CFPB is concerned that the discretion dealers are allowed when marking up rates creates a fair lending risk. Shahan, however, disagreed.
“I don’t think they should be compensated for that,” Shahan told F&I and Showroom. “It’s something you can do yourself better for free. Why would you pay someone to put you into a bad loan?”
California New Car Dealer Association (CNCDA) President Brian Maas told the magazine that Shahan’s approach is “pretty hard to respond to.”
“The short summary is, [the initiative] is a solution in search of a problem,” he said. “It would have a potentially devastating impact on the new-car business, just to fix things that frankly are going to be resolved one way or another anyway, or don’t need to be resolved at all, or are confusing. So we’re perplexed, frankly. Why this ballot measure at this time?
“Obviously, the CFPB is looking at the issue closely and trying to decide if disparate impact or discrimination exists [in auto lending], and what’s the appropriate compensation scheme and what have you,” Maas added. “But even the CFPB has conceded that dealers should be paid for performing the service.”
In addition to eliminating dealer markup, the proposed Car Buyers Protection Act would make it illegal for dealers to sell, rent, lease or loan recalled used cars, as well as improve protections against “bait and switch” financing and for victims of identity theft perpetrated at car dealerships. The proposed ballot measure would also require that dealers offer a minimum 30-day, 1,000-mile warranty on all used cars.
The initiative also seeks to eliminate the authority of the New Motor Vehicle Board to overrule disciplinary actions against dealers and manufacturers approved by the Department of Motor Vehicles.
“There are a number of problems that have been identified over the years where the public really wants to see change, but the dealers keep blocking it in the legislature either federally, or at the state level,” Shahan said. “And so [this initiative] is aimed at getting these policies enacted through popular vote.”
The advocacy group recently sponsored SB 686, a bill intended to prohibit the sale of unsafe used cars. It was blocked in California’s Assembly Business and Professions Committee in July and cannot be revived until January 2014.
At the CFPB forum, Shahan called California “ground zero” for the issue the CFPB is currently tackling: discrimination in auto lending. California is one of two states that caps dealer markups —2.5 percent for loans up to 60 months and 2 percent for longer loans.
Shahan’s organization’s next step is to meet with the California attorney general’s office, and she said she’s prepared for a long fight. “I expect it to be a battle,” she said. “I imagine the dealers are going to oppose it tooth and nail. But I think at the end of the day, we’ll win. Because … the practices really do not stand up to scrutiny.”
Maas, however, pointed out that the ballot measure may harm the people it intends to protect.
“If dealers don’t provide financing, how does a subprime customer get financed? You can’t walk into a subprime lending intuition; they don’t exist … If I’m a credit challenged customer, it’s the dealer that is working hard to get me financed,” he said. “He’s got an incentive, he wants to sell a car … and that’s why the dealer financing model works.
“We’re a bit frustrated,” Maas added. “It’s not clear at this point how much support [Shahan] has for the measure, other than the fact that she spent $200 to file it with the attorney general.”
STRUGGLING TO ATTRACT LENDERS? OFFERING BUY HERE-PAY HERE
FINANCING MAY BE THE ANSWER!
By: Keith E. Whann
Your dealership has a good reputation, well prepared tax returns, stable relationships with other creditors and you’ve taken steps to demonstrate your ability to minimize a lender’s risk of lending to your customers, but you still can’t attract new lenders. What do you do now? It may be time to consider doing it yourself! The continued decline of the average consumer’s creditworthiness, steady increase of bankruptcy rates and the uncertainty of our economy now that we are at war in the Middle East have lead many dealerships to consider offering buy here-pay here financing. The phrase buy here-pay here is a term of art that is commonly used to refer to a consumer’s ability to purchase a vehicle and obtain financing for the purchase directly from the dealership. As with other areas within the dealership, there have been numerous changes to the laws and regulations impacting buy here-pay here transactions over past two years. In order to develop a successful buy here-pay here financing program that effectively protects your dealership from legal exposure, it is important to understand the differences between a traditional financed transaction and a buy here-pay here financed transaction.
In a motor vehicle transaction that is financed through traditional means, the dealer will enter into an agreement with the lender authorizing the dealership to offer the lender’s financing program to the dealership’s retail customers. When the dealership sells a vehicle to a customer, it enters into a retail purchase agreement with the customer and assists the customer in obtaining financing for the transaction from an outside lending source. In this scenario, the finance agreement is commonly referred to as two-party paper because it is an agreement between the customer and the lender. In a buy here-pay here financed transaction, the financing portion of the transaction is very different because the dealership is entering into the finance agreement with the customer.
The fact that the dealership is financing the transaction itself will impact everything the dealership does from the types of vehicles it acquires and how it prepares and advertises them for sale to the actual sale and financing of the vehicle. For example, the dealership must have its own credit application, notices related to the extension of credit, a retail installment sales agreement, and paperwork related to the debt collection process. Additionally, the dealership probably needs to modify its spot delivery agreement, delivery confirmation form and existing retail purchase agreement. These forms are impacted by a number of areas of law with which the dealership may not be familiar, including provisions of the Fair Credit Reporting Act, Equal Credit Opportunity Act, Federal Truth in Lending Act, State Retail Installment Sales Acts, the Uniform Commercial Code, Federal and State Debt Collection Acts and the new Federal Privacy and Anti-Terrorism Laws and their implementing Regulations, to name a few. In addition to the challenge of keeping paperwork up-to-date and legally compliant, sales and collection procedures take on a more significant role within the dealership. Keep in mind also that while financing transactions and collection activities between financial institutions and their customers are often exempt under most state unfair and deceptive acts and practices (UDAP) statutes, virtually every facet of the dealership’s relationship with the customer is covered.
Many dealers have found that if they take the time to understand the various legal and regulatory issues impacting buy here-pay here transactions prior to offering buy here-pay here financing, this can not only be an effective financing tool, but a significant profit center for the dealership. As the size of a dealer’s buy here-pay here portfolio grows, however, one of the obstacles dealers face is the negative tax consequences caused by the dealership having to pay tax on the profit from the sale of the vehicle prior to having received payment. For dealers who find themselves facing this challenge, it may be an opportune time to consider forming a related finance company. In the fall of 2002, the IRS issued an updated Audit Technique Guide for the used motor vehicle industry that contains an entire Chapter dealing with related finance companies, including information on how to form, structure and operate a related finance company. In addition, the Guide covers a wide variety of accounting issues that will impact used motor vehicle dealerships. It was developed with input from the used motor vehicle industry and can be used not only as a valuable resource tool, but also to prevent accounting and tax problems before they occur.
With everything that is going on, there will be no shortage of challenges or, depending upon your perspective, opportunities for the motor vehicle industry and your dealership in the upcoming year. Legal and regulatory compliance issues will likely remain on the forefront of the minds of all dealers, as will the lack of financing sources. Dealers have the ability to control their own destiny on legal compliance by updating their forms, conducting compliance audits and attending training seminars, but have fewer options available to resolve their struggle to find additional financing sources. If you are struggling to attract new financing sources, offering buy here-pay here financing may be the answer.
SACRAMENTO – Governor Edmund G. Brown Jr. today announced the following appointments.
Jean Shiomoto, 57, of Sacramento, has been appointed director of the California Department of Motor Vehicles, where she has been acting director since 2013 and has served in multiple positions since 1988, including chief deputy director, chief of operations, deputy director of the communication programs division, chief financial officer, advisor to the director and chief deputy director, controller, fiscal officer, cost accounting manager and systems development manager. She was an accounting administrator at the California Franchise Tax Board in 1988 and served in multiple positions at the California Department of General Services from 1980 to 1988, including fiscal systems manager, systems development analyst and auditor. Shiomoto was an auditor at the California Department of Developmental Services in 1980. She is a member of the American Association of Motor Vehicle Administrators Board of Directors and president of the Asian Community Center of Sacramento Valley Board of Directors. This position requires Senate confirmation and the compensation is $150,000. Shiomoto is a Democrat.
RELAXED, TAILORED ENVIRONMENT We focus on increasing dealer awareness
We provide the best dealer education in all of California. Our in-person classes are offered in 36 cities and we conduct more classes than any other dealer education provider.
TriStar Motors LLC has been a provider of dealer education since 1998, CCC 0004, and the first approved for continuing education in 2001. Our extensive training background has filled a need for comprehensive dealer training.
We offer classes in a relaxed environment tailored to the needs of each student and now even offer online and home study classes for dealers who prefer not come to a class. Our teaching addresses the frustration some experience trying to find simple, concise answers to dealership questions. The dealer education program includes all required topics.
We focus on increasing dealer awareness of how to make their customers happy, of how to practice complaint avoidance, and on the importance of timely payment of taxes and fees to the DMV and the State Board of Equalization.
As a sidebar, we teach dealers how they can participate in our vehicle donation program. Their customers, the retail buyers, are usually always happier making a donation instead of accepting a wholesale trade-in.
The teaching mandates awareness of all applicable regulations. Our goal is to accomplish the mandate of the DMV and provide a reliable educational resource for new and existing dealers throughout California.
Our extensive background in law enforcement training made the transition to dealer education simple. Operating an existing dealership allows us to deliver a hands on teaching experience.
Our teaching addresses the frustration some experience trying to find simple, concise answers to dealership questions.
Founded in 1998, TriStar Motors LLC.
DMV Service Provider CCC0004
Department of Motor Vehicles
PO Box 932342 L224
Sacramento, CA 94232-3420
$50 Non-refundable application fee
$1 Family Support Program fee
$50 Reinstatement fee
$15 Duplicate license
The Family Support Program fee is paid on original, renewal, and reinstatement applications.
NOTE: THERE ARE NO RENEWAL FORMS ON THE WEB AT THIS TIME
Vehicle Verifier License Renewal Fees
$1 Family Support Program fee
$15 Renewal fee
The Family Support Program fee is paid on original, renewal, and reinstatement applications.
Vehicle Verifier License Exclusions
The term “vehicle verifier” does not include any of the following:
A peace officer.
An authorized employee of the department.
A special agent of the National Theft Auto Bureau.
An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140 of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles. CVC Section 675.6
Vehicle Verifier Licensing Authority
California Vehicle Code. Sections 675.5, 675.6, and 11300-11310. The California Vehicle Code is available for purchase from the Department of Motor Vehicles.
THE FEDERAL TRADE COMMISSION MANDATES A FINE OF $ 16K PER VEHICLE
FOR EVERY DEALER ADVERTISED CAR WITH NO FEDERAL BUYERS GUIDE
What If I Don’t Comply?
Dealers who violate the Used Car Rule may be subject to penalties of up to $16,000 per violation in FTC enforcement actions. Many states have laws or regulations that are similar to the Used Car Rule. Some states incorporate the Used Car Rule by reference in their state laws. As a result, state and local law enforcement officials may have the authority to ensure that dealers post Buyers Guides and to fine them or sue them if they do not comply.