CHAPTER 4. Manufacturers, Transporters, Dealers, and Salesmen [11700. - 11909.]
Chapter 4 enacted by Stats. 1959, Ch. 3.
§§ 11700–11909 · 115 sections
ARTICLE 1. Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers §§ 11700–11740 · 82 sections
- § 11700 No person shall act as a dealer, remanufacturer, manufacturer, or transporter, or as a manufacturer branch, remanufacturer branch, distributor, or distributor…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 11703 The department may refuse to issue a license to a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch,…
- § 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,…
- § 11703.2 The department may refuse to issue a license to a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch,…
- § 11703.3 A person whose license has been revoked or whose application for a license has been denied may reapply for a license after a period of not less than one year…
- § 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…
- § 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…
- § 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…
- § 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…
- § 11705 (a) The department, after notice and hearing, may suspend or revoke the license issued to a dealer, transporter, manufacturer, manufacturer branch,…
- § 11705.4 (a) The department, after notice and hearing, may suspend or revoke the license issued to a dealer, transporter, manufacturer, manufacturer branch,…
- § 11706 The department may, pending a hearing, temporarily suspend the license and special plates issued to a manufacturer, manufacturer branch, remanufacturer,…
- § 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…
- § 11708 (a) Upon refusal of the department to issue a license and special plates to a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch,…
- § 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…
- § 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…
- § 11709.2 (a) Every dealer shall conspicuously display a notice, not less than 8 inches high and 10 inches wide, in each sales office and sales cubicle of a dealer’s…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 11713 A holder of a license issued under this article shall not do any of the following: (a) Make or disseminate, or cause to be made or disseminated, before the…
- § 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…
- § 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…
- § 11713.3 It is unlawful and a violation of this code for a manufacturer, manufacturer branch, distributor, or distributor branch licensed pursuant to this code to do,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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”…
- § 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…
- § 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…
- § 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,…
- § 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,…
- § 11713.23 (a) A recreational vehicle manufacturer, manufacturer branch, distributor, or distributor branch licensed under this code shall not sell a new recreational…
- § 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…
- § 11713.26 (a) A dealer shall not display or offer for sale at retail a used vehicle, as defined in Section 665 and subject to registration under this code, unless the…
- § 11713.27 (a) A holder of a dealer’s license issued under this article is not in violation of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code for…
- § 11713.28 (a) A motor vehicle manufacturer, or any other person, that advertises a motor vehicle manufacturer’s suggested retail price (MSRP) set by an automobile…
- § 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…
- § 11715 (a) A manufacturer, remanufacturer, distributor, or dealer owning or lawfully possessing any vehicle of a type otherwise required to be registered under this…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 11727 The revocation or suspension of a license of a manufacturer, manufacturer branch, distributor, distributor branch, or representative may be limited to one or…
- § 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…
- § 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,…
- § 11730 The consignment agreement required by Section 11729 shall contain all the following terms, phrases, conditions, and disclosures: (a) The date the agreement is…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 11739 For purposes of title registration, warranties, rebates, and incentives, in a brokered retail new motor vehicle sale, the selling, franchised new car dealer,…
- § 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.
ARTICLE 1.1. Consumer Automotive Recall Safety Act §§ 11750–11762 · 8 sections
- § 11750 This article shall be known, and may be cited, as the Consumer Automotive Recall Safety Act (CARS Act).
- § 11752 As used in this article, the following definitions apply: (a) The term “dealer” has the same meaning as in Section 285. (b) (1) A “manufacturer’s recall” is a…
- § 11754 (a) No later than 48 hours after receiving a notice of a manufacturer’s recall, or sooner if practicable, a dealer or rental car company with a motor vehicle…
- § 11755 Notwithstanding Sections 1633.3 of the Civil Code and Section 9975 of this code, a new motor vehicle dealer may receive electronic authorization from consumers…
- § 11758 The department shall include the following recall disclosure statement on each vehicle registration renewal notice: “NOTICE: Many vehicles have been recalled…
- § 11760 (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy,…
- § 11761 The rights and remedies provided by this article are cumulative and shall not be construed as restricting any right or remedy that is otherwise available.
- § 11762 The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
ARTICLE 2. Vehicle Salespersons §§ 11800–11824 · 14 sections
- § 11800 It shall be unlawful for any person to act as a vehicle salesperson without having first procured a license or temporary permit issued by the department or…
- § 11802 (a) The department shall prescribe and provide forms to be used for application for licenses to be issued under this article and require of applicants, as a…
- § 11803 Pending the satisfaction of the department that the applicant has met the requirements of this chapter, it may issue a temporary permit to any person applying…
- § 11804 The department may issue or, for reasonable cause shown, refuse to issue, a license to any applicant applying for a vehicle salesperson’s license.
- § 11806 The department, after notice and hearing, may refuse to issue, or may suspend or revoke, a vehicle salesperson’s license when it makes any of the following…
- § 11808 Every hearing provided for in this article shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the…
- § 11808.5 (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…
- § 11810 (a) The department may, pending a hearing, temporarily suspend the license issued to a vehicle salesperson for a period of not more than 30 days if the…
- § 11812 (a) A vehicle salesperson licensed under this article shall, at the time of employment, deliver his or her salesperson’s license to his or her employing dealer…
- § 11814 (a) Every original vehicle salesperson’s license issued, and every vehicle salesperson’s license renewed, pursuant to subdivision (b) shall be valid for a…
- § 11819 It is unlawful for a person: (a) To lend a salesperson’s license to any other person or knowingly permit its use by another. (b) To display or represent a…
- § 11820 The following fees shall be paid to the department: (a) Except as provided by Section 42231, a nonrefundable fee for the original issuance of a license, fifty…
- § 11822 The vehicle salesperson’s license or any permit provided in this article shall be automatically canceled upon the failure of a licensee to pay the required…
- § 11824 The suspension, expiration, or cancellation of a vehicle salesperson’s license issued under this article does not prevent the filing of an accusation for the…
ARTICLE 3. Representatives §§ 11900–11909 · 11 sections
- § 11900 It shall be unlawful for any person to act as a representative on or after July 1, 1974, without having first procured a license or temporary permit issued by…
- § 11901 The department shall prescribe and provide forms to be used for application for licenses to be issued under the terms and provisions of this chapter and…
- § 11902 (a) The department shall issue a representative’s license when it finds and determines that the applicant has furnished the required information, and that the…
- § 11902.5 (a) The department, after notice and hearing, on an interim basis, may refuse to issue or may suspend a license issued under this chapter when the applicant or…
- § 11903 (a) If the department suspends or revokes a representative’s license, the licensee shall be entitled to an appropriate hearing. Such hearing shall be conducted…
- § 11903.5 (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…
- § 11904 Every representative’s license issued hereunder shall expire at midnight on the 30th day of June of each year.
- § 11905 Every application for the renewal of a representative’s license which expires on the 30th day of June shall be made by the person to whom issued between June…
- § 11907 The representative’s license, or any permit provided for in this chapter, shall be automatically canceled upon the failure of the licensee to file an…
- § 11908 The suspension, expiration, or cancellation of the representative’s license provided for in this chapter shall not prevent the filing of an accusation for…
- § 11909 Upon issuance by the department to the licensee, the license provided in this article shall be immediately delivered to and posted in a place conspicuous to…