Ga. Comp. R. & Regs. R. 681-9-.02 - Responsibilities of a Used Motor Vehicle Dealer

(1) Every used motor vehicle dealer licensed in this state shall be required to comply with the laws of this state and the federal government regarding the operations of a used motor vehicle dealership. This includes, but is not limited to, laws that require each licensee to:
(a) Maintain an established place of business as required by O.C.G.A. § 43-47-2(3) and Board Rule 681-6-.01 for each location at which used motor vehicle sales are conducted. The established place of business must comply with local zoning standards, and proof of compliance must be provided to the Board as part of the application for licensure and all subsequent requests for changes of location, which must be approved by the Board;
(b) Acquire and maintain a Certificate of Registration, Department of Revenue Form ST-2, commonly known as a sales & use tax number certificate, as required in O.C.G.A. § 48-8-50 and O.C.G.A. § 43-47-8(f), and post such certificate in a conspicuous place at the established place of business;
(c) Maintain proof of the surety bond and certificate of liability insurance required by O.C.G.A. § 43-47-8(g)& (k) at the established place of business for inspection by the Board;
(d) Obtain a temporary site permit prior to operating as a used motor vehicle dealer at any location other than the established place of business approved by the Board, as required by O.C.G.A. § 43-47-8.2;
(e) Display the license issued by the Board for each location in a conspicuous place at the established place of business of each location licensed;
(f) Maintain for a period of three years the records required by O.C.G.A. § 43-47-12;
(g) Apply for a title in the retail purchaser's name within 30 calendar days after the date of sale, as required in O.C.G.A. § 40-3-33;
(h) Complete the assignment and warranty of title upon transfer of the vehicle to another person, other than by the creation of a security interest as required by O.C.G.A. § 40-3-33;
(i) Check the appropriate box on the odometer disclosure statement and certificate of title, as required by O.C.G.A. § 40-3-25;
(j) Provide the appropriate documentation to a retail purchaser of a vehicle to obtain a tag for the vehicle within 30 calendar days after the date of purchase, as required by O.C.G.A. § 40-2-20. These documents may include, but are not limited to, a certificate of title, or an application for certificate of title;
(k) Display a properly completed buyer's guide on each vehicle offered for sale, as prescribed by the Federal Trade Commission at 16 C.F.R. Part 455; provided, however, that any vehicle on the premises that is not being offered for sale shall be clearly labeled as "Not for Sale," until such time that the vehicle is offered for sale and displayed with a buyer's guide;
(l) Properly complete a "finance contract" which complies with the Federal Reserve System, Title I, Regulation Z (Truth in Lending Act - 15 U.S.C. § 1601 et seq.; 12 C.F.R. Part 226) when financing vehicles which are being sold to purchasers;
(m) Make application for a change of name or a change of address within 30 days of the change, as required by Board Rules 681-5-.01 and 681-5-.02;
(n) Make application for a new license within 30 days of a change of ownership, as required by Board Rule 681-5-.03;
(o) Obtain a bill of sale and odometer statement from the individual or company from which the licensee purchased a vehicle;
(p) Refuse to allow an unlicensed person to sell a vehicle using the license granted by the Board to the licensee, as required by O.C.G.A. §§ 43-47-10(N) and 43-47-7;
(q) List the licensee's name and appropriate information on the titles of all vehicles sold on consignment, as required by O.C.G.A. § 43-47-19;
(r) Obtain a passing emissions inspection on all vehicles sold to purchasers who will register the vehicles in covered emissions counties, as required by Department of Natural Resources Rule 391-3-20-.18.
(2) The Board shall have the authority to impose the fines listed in Rule 681-16-.01 for violations of the provisions of this rule, and may impose further disciplinary action as the Board may deem necessary to protect the interests of the public as provided in O.C.G.A. §§ 43-47-10 and 43-1-19.


Ga. Comp. R. & Regs. R. 681-9-.02
O.C.G.A. Secs. 43-47-2, 43-47-6 to 43-47-8, 43-47-8.2, 43-47-10, 43-47-11.1, 43-47-12, 43-47-15, 43-47-19.
Original Rule entitled "Responsibilities of a Used Motor Vehicle Dealer" adopted. F. Mar. 23, 2009; eff. Apr. 12, 2009.

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