ARB investigation leads to $1.875 million judgment against Viva Motor Sports, Inc. for selling non-California certified vehicles

Sacramento – Thanks to an investigation launched by the ARB in 2006, the Los Angeles County Superior Court in June issued a $1.875 million judgment against several companies for importing and selling non-California certified motorcycles and off-road recreational vehicles.

Defendants in the case include Viva Motor Sports, Inc., of Los Angeles, along with DEC 26, Inc., BH Motorsports, Inc., Nitro Motorsports, Inc, and their associated businesses, all based in the Los Angeles area.

“There are plenty of great motorcycles that meet clean air standards. Most dealers know this and carry only bikes that have their California smog certificate. Those who try to cut corners put themselves in a lose-lose situation,” said ARB Chairman Mary D. Nichols. “Violators pay penalties and damage their reputations while putting public health at risk.”

The companies will pay a total of $268,000 and the balance of the fine will be stayed, pending no further violations. In addition, the defendants are permanently enjoined from acquiring, offering for sale, or selling uncertified motor vehicles for use, registration, or resale in California and falsely representing that a vehicle is certified.

During routine inspections of area retail establishments in 2006, ARB investigators observed a variety of all-terrain vehicles and on-road motorcycles for sale that were not certified to California’s strict emissions standards. Investigators traced the models to their importers, Viva Motor Sports, and the other cited companies. Hundreds of the vehicles had already been sold to California residents. While many purchasers returned them for refunds, those who chose to keep them are subject to “registration stops” which prevent future registration in California.

Vehicles that do not meet California’s tough emission requirements create higher amounts of smog-forming pollutants, which can then exacerbate respiratory ailments and negatively affect other health conditions.

The Air Resources Board is a department of the California Environmental Protection Agency. ARB’s mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.

#####

++++++++++++++++++++++++++++++++

dealer education lends itself to compliance

we make it simple for you

800-901-5950

car dealer license education + dealer plate use + we make it legal for you

CAR DEALER CLASS HOT TOPICS
TriStar Motors LLC + Car Dealer Education + DMV Service Providers
http://www.gotplates.com

We provide the best car dealer education in all of California.
Our in-person classes are offered in 25 cities and we conduct more classes than any other dealer education provider.
At anytime, if you have questions or need help in solving a problem you may visit our car dealer blog:
http://www.autogodfather.com

Charlotte will also respond to questions at 800..901..5950.

During our in-person training session there is always discussion between the dealer pre – licensing applicants and the course instructor.
Many of the dealer pre – licensing applicants have auto industry experience and bring to the discussion a wealth of experience and problem solving ability. This creativity is encouraged and not available in our online pre – licensing tutorial training sessions.

The online pre – licensing tutorial training session allows the student to prepare themselves for the in-person training and bring relevant questions to class. The online pre – licensing tutorial training session along with pre-payment ALSO brings a discount of $ 100.
CA DMV requires a six hour in-person course for pre – licensing.
Private Car Dealer education classes are available and great for 1-on-1 training. To signup for our private car dealer class:
http://www.gotplates.com/signupformnd300.php?type=New%20Dealer%20Licensing%20Class&x_amount=300.00

Car Dealer Education Discussion Points

Remember, character is doing the right thing, when no one is looking.
There are almost 15,000 licensed dealers and over 100,000 licensed salespersons in California. The DMV, CHP and Board of Equalization have less than 800 people monitoring the automotive sales industry.
Happy customers make for good business. If you are diligent in responding to customer complaints, pay your sales tax and registration fees on time and NEVER write a bad check you will sail through this car dealer business.
If you need to file a complaint with the dmv against any dealer:
http://www.dmv.ca.gov/forms/inv/inv172.pdf

If you need to get a dealers attention, file on his bond.
In the acquisition process many dealers have disputes over non-disclosed items. All auctions must be licensed dealers as of Jan. 01, 2001. All vehicles must meet the minimum safety standard ( Division 12 ) or be declared sub-standard in writing.
If you need the assistance of a good dmv attorney visit:
http://www.civilizedlaw.com

Remember, most enforcement action is the result of salesperson error.
In the sales process, the dealer is responsible for all claims made by their sales people. Maintaining strict control of all ROS forms and allowing time for adequate document review prior to each sale is critical.
If you need to train your salespeople, free online training at:
http://www.licensedsalesperson.com

Paying of a finders fee is strictly prohibited.
The only finders fee legally allowed in the auto sales industry is to licensed auto-brokers. Any dealer may become a licensed auto-broker, the first year endorsement cost is $ 50. Any licensed salesperson may collect a broker fee, when added to an existing auto-broker’s license. For more information from the dmv regarding autobrokers:
http://www.dmv.ca.gov/vehindustry/ol/autobrkr_end.htm

Consignments require a retail license with agreement & accounting.
A retail dealer may accept any vehicle on consignment. A wholesale dealer may not accept consignment from a private party. An accounting and payment must be made in all cases within 20 days of the sale date. Dealers may NEVER consign vehicles to each other. For more information from the dmv regarding consignments:
http://www.dmv.ca.gov/pubs/reg_hdbk_pdf/ch20.pdf

Offsite sales are strictly prohibited.
A retail dealer is only allowed to sell as his licensed location. This rule insures the proper distribution of sales taxes collected and that required disclosure has been made to the customer with properly posted signage ( provided for free to each car dealer student ).
If you need retail sales forms we suggest:
http://www.jodyforster.com

Sales licenses must be posted & endorsed by a dealer.
A salesperson may only post his license at one dealership. The DMV must be notified within 10 days of hiring or firing. We suggest the salesperson maintain a color copy while the original is posted at the dealership location. For more dmv licensed salesperson information:
http://www.dmv.ca.gov/vehindustry/ol/ol_handbooks/ol303.pdf

Spanish copy provisions cannot be waived.
The DMV requires a spanish copy of the sales contract, required disclosures and buyers guide for all buyers with Spanish surname. The providing of a translator does not relieve this burden from the dealer. For dmv spanish copy forms:
http://www.jodyforster.com

DMV fees can be estimated for retail customers.
The DMV allows the retail dealer to estimate fees and make refund upon completion of the registration application. The formula for 12 months of registration fees is: ( 2.2% + $ 60.) X .70
The DMV hotline number is 800..777..0133
Dealers are never allowed to charge back fees to a customer. Buyers fees for registration begin of the date of sale only. For dmv registration requirements:
http://www.dmv.ca.gov/pubs/reg_hdbk_pdf/toc.htm

Retail Sales are like a light switch, either ON or OFF.
If the sale is completed, the switch is ON, keep it all. If the sale is not completed, the switch is OFF, and all funds and the trade-in, if any, must be returned. For dmv refund information:
http://www.dmv.ca.gov/pubs/reg_hdbk_pdf/ch24.pdf

Deposits are fully refundable & cannot be waived.
Any deposit taken to hold a vehicle for retail sale and/or accessories is fully refundable if the sale is not completed. Failure to refund a deposit will get immediate attention from the DMV. For dmv deposit information:
http://www.dmv.ca.gov/pubs/vctop/d05/vc11737.htm

The maximum charge for documents is $ 55.
The charge for documents is optional and is NOT a government fee. The fee charged to all customers must be the same across the board. Any discrepancy would cause a refund to overcharged customers by the DMV. The fee must be disclosed and is taxable labor. For more dmv information regarding the dealer document fee:
http://www.dmv.ca.gov/pubs/vctop/d05/vc11713_1.htm

The maximum charge for smog inspection is $ 50.
The charge for smog inspection is optional and is NOT a government fee. The fee charged to all customers must be the same across the board. Any discrepancy would cause a refund to overcharged customers by the DMV. The fee must be disclosed and is taxable labor. A non-taxable fee of $ 8.25 is also allowed for the smog certificate fee. For more dmv information regarding the smog inspection fee:
http://www.dmv.ca.gov/pubs/vctop/d05/vc11713_1.htm

A dealer may charge interest of choice, with no limit.
Vehicle dealers are exempt from the usury restrictions of banks and finance customers, provided they disclose this fact and place themselves as lienholders on title. A dealer may repossess without notice upon default. Vehicle dealers are exempt from the 15 day notice requirement and may repossess at will, following the customary 5 day grace period, granted on every contract. For ca attorney general usury guidelines:
http://ag.ca.gov/consumers/general/usury.php

An open DO bill is a potential deal breaker.
Vehicle dealers using DO bills must provide documentation of completion to seal the deal and make the contract enforceable. An expiration date on the DO bill is useless. For do bills and dealer forms:
http://www.jodyforster.com

The buyers county of residence sets the sales tax rate.
The location of your dealership does not determine the rate of sales tax. Exempt transactions, dealer to dealer, out of state, out of country require exact paperwork to maintain the sales tax exemption. For current board of equalization sales tax rates:
http://www.boe.ca.gov/sutax/pam71.htm

Personal use requires a monthly use tax.
Any use of the dealer plate for personal use is taxable. The purchase price divided by 40 sets the taxable monthly base for dealers. The purchase price divided by 60 sets the taxable monthly base for salespersons renting a dealer vehicle. The taxable monthly base is then multiplied by the sales tax rate at the dealer location to determine the use tax due.Personal use is reported to the Board of Equalization. There is no requirement to report personal use to the DMV. The personal use of the dealer plate is reported on Line 2 of the sales tax report form sent to the Board of Equalization. For use tax rules from the board of equalization:
http://www.boe.ca.gov/pdf/pub110.pdf

Blank DMV registration & ROS forms can be ordered by mail.
The form office at DMV provides dealers with blank forms at no charge. A request on the dealer letterhead to the forms office will provide you all the forms you may need. Dealers may post flashers on sold vehicles. When a dealer posts a temporary operating permit on a vehicle the dealer may post flashers, license plate covers, over the existing plates, with instructions for removal upon the buyer receiving documents and registration stickers from the DMV. For dmv bulk forms ordering information:
http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdmv1.htm

Unpaid DMV administrative service fees causes loss of license.
When the DMV accesses an ASF upon a dealer, these fees must be paid immediately, even if the ASF is under protest. Failure to pay an ASF will result in bond activation and failure to pay the bond company will result in license termination. For dmv ASF information:
http://www.dmv.ca.gov/pubs/reg_hdbk_pdf/ch19.pdf

A retail dealer may sell to an unlicensed buyer.
The DMV has no requirement for any buyer to be a licensed driver. The RED section of the 553 sales contract requires the buyer to sign as to an understanding of this provision. A finance company may require a drivers license and insurance prior to release of a vehicle to a buyer, but, this is not state law.Every dealer shall obtain photo ID of the buyer.
The retail dealer must offer a cancellation option on all used vehicles offered for sale after july 1, 2006. For more car buyer bill of rights information:
http://www.carbuyerbillofrights.com
http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffvr35.htm

The retail dealer must abide by new federal red flag rules on all vehicle sales where credit is offered or assistance provided. For free red flag rules tutorial training and assistance:
http://www.redflagclass.com
http://www.rexhead.net
For our $ 500. red flag program for licensed dealers:
http://www.gotplates.com/redflagform.php

Every out of state sale can be tax exempt.
Delivery is the condition which determines if taxes must be posted at the time of sale. If the out of state buyer is using a licensed transporter to have the vehicle delivered, the bill of lading exempts the collection of sales tax. If you, your staff or the buyer takes delivery, a notarized statement at delivery to an out of state location allows refund of sales tax posted at sale. For dmv out of state tax exempt regulations:
http://www.dmv.ca.gov/pubs/reg_hdbk_pdf/ch07.pdf

Division 12 is a federal law and cannot be waived at retail.
Division 12 is the minimum safety standard for all motor vehicles sold at retail by licensed dealers. The vehicle must meet these requirements or it cannot be sold. In wholesale transactions, the vehicle may be sold to another dealer with written disclosure. For dmv minimum safety standards:
http://www.dmv.ca.gov/pubs/vctop/d12/vc24007.htm

A voluntary repossession does not require a certificate.
If the customer is willing to sign the title on line 1a and return a vehicle the certificate of repossession is not necessary. A voluntary repossession in this manner is handled as a buyback. For dmv reposession form requirements:
http://www.dmv.ca.gov/forms/reg/reg119.pdf

Dealer smog certificates are good for two years.
When a dealer obtains a smog, required to offer the vehicle for retail sale within California, it has a useful life of two years. A dealer who obtains a vehicle with an unused smog is not required to re-smog the vehicle prior to sale. For dmv dealer smog rules:
http://www.dmv.ca.gov/pubs/reg_hdbk_pdf/ch21.pdf

Division 12 is an implied warranty.
The buyers guide has a provision for ” AS-IS, No Warranty ” The dealer should remember it really means, as-is, no warranty, except Division 12, the minimum safety standard. for the FTC sample federal buyers guide:
http://www.ftc.gov/bcp/edu/pubs/business/autos/bus13.pdf

Dealers may never post a for sale sign on the street.
All vehicles operated on the highway, or parked on the highway must never have a for sale sign posted on them.

WE MAKE IT SIMPLE FOR YOU
CAR DEALER SCHOOL = CAR DEALER EDUCATION
WE GET YOU LICENSED FOR AS LITTLE AS $ 100.
http://www.gotplates.com
good luck
charlotte
800-901-5950

car dealer license training + we make it simple for you

dealer plate use from the california code of regulations

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 13. MOTOR VEHICLES
DIVISION 1. DEPARTMENT OF MOTOR VEHICLES
CHAPTER 1. DEPARTMENT OF MOTOR VEHICLES
ARTICLE 3.3. SPECIAL PLATES

This database is current through 9/25/09 Register 2009, No. 39

§ 201.00. Use of Special Plates Issued to a Dealer, Manufacturer, Remanufacturer, or Distributor.

(a) Special plates referenced in this section may only be used on vehicles that a dealer, manufacturer, remanufacturer, or distributor owns or lawfully possesses.

(b) The following individuals may operate a vehicle with special plates for any purpose:

(1) An individual who is the sole owner, a general partner, a manager of a limited liability company, or a corporate officer or director of a dealer, manufacturer, remanufacturer, or distributor, provided that individual is actively engaged in the management and control of the business operations of the dealer, manufacturer, remanufacturer, or distributor;

(2) A general manager, or business manager, or sales manager who is actively engaged in the management and control of the business operations of the dealer, manufacturer, remanufacturer, or distributor when no other individual meets the criteria in (1) above;

(3) An individual employed by a manufacturer or distributor and licensed as a representative.

(c) Any licensed driver may operate a vehicle with special plates for any purpose if an individual identified in section (b) is also in the vehicle.

(1) An unaccompanied licensed driver, who regularly resides in the immediate household of an individual identified in section (b), may operate a vehicle with special plates solely to pick up or drop off that individual.

(d) A licensed driver who is an employee of a dealer, manufacturer, remanufacturer or distributor may drive a vehicle with special plates when that employee is acting within the course and scope of his or her employment.

(e) Any licensed driver may operate a vehicle with dealer, manufacturer, remanufacturer, or distributor special plates for special event purposes if the operator carries a letter of authorization from the licensee identifying the vehicle, duration, and location of operation, and person(s) authorized to operate the vehicle.

(f) Any licensed driver, who is a prospective buyer or lessee, may test drive a vehicle with special plates for up to seven days.

(1) A salesperson is not required to be present.

(2) If a salesperson is not present, the operator must carry a letter of authorization from the licensee identifying the vehicle, duration, and person(s) authorized to operate the vehicle.

(g) Employees of a commercial vehicle dealer, manufacturer, remanufacturer, or distributor who must operate a commercial vehicle in the course of their employment, may take a commercial drive test in a commercial vehicle displaying dealer, manufacturer, remanufacturer, or distributor special plates.

(h) A trailer, displaying special plates, may be towed by a vehicle with Vehicle Code authority to operate on the highways.

(i) Any use of special plates issued to a dealer, manufacturer, remanufacturer, or distributor except as specified is prohibited.

Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11714, 11715 and 11716, Vehicle Code.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

To subscribe to the e-mail alert service logon to www.emailalert.dmv.ca.gov/subscriptions.asp.

This page contains detailed instructions on how to subscribe.
The Industry Tools Home Page located at

http://www.dmv.ca.gov/vr/dealer_regservice.htm

provides convenient access to information and links that are pertinent to the vehicle registration industry.

++++++++++++++++++++++++++++++++

certified dmv dealer education

we make it simple for you

800-901-5950

car dealer license education + dealer plate use + we make it legal for you

we at gotplates.com are the leaders in california car dealer education

since april 1998, we have been teaching pre-licensing dealer certification

we have developed a number of

free online classes and tutorials

to assist and improve our car dealer education message

if you are looking for a job in the california used car market

or simply want to brush up on your knowledge and skills

please look over the following car dealer education websites

REMEMBER, we make it simple for you

free dmv sample pre-licensing examination:
www.howtobecomeacardealer.com/pdf/NewDealerPracticeExamination2005.pdf

free dmv licensed salesperson tutorial:
www.licensedsalesperson.com

free dmv car dealer renewal continuing education tutorial:
www.freeclass.gotplates.com

free red flag identity theft staff red flag compliance tutorial:
www.redflagclass.com

free car buyer bill of rights dealer education tutorial:
www.carbuyerbillofrights.gotplates.com

free dmv registration secret to the paperwork tutorial:
http://thesecret.tristarmotorsed.com/Website/

free car dealer education posters:
www.licensedsalesperson.com/downloads.html

free how to become a car dealer checklist:
www.howtobecomeacardealer.com/pdf/NewDealerChecklist.pdf

free car dealer bond quote:
www.ezdealerbond.com

free dmv car dealer application:
www.dmv.ca.gov/vehindustry/ol/dealer.htm

free dmv licensed salesperson application:
www.dmv.ca.gov/vehindustry/ol/salesperson.htm

free dmv car dealer education handbook:
www.dmv.ca.gov/pubs/reg_hdbk_pdf/toc.htm

free car dealer education blogs:
www.autogodfather.com
www.rexhead.net

good luck with your job search
or your quest for up to date car dealer education
charlotte

800-901-5950

car dealer license training + we make it simple for you

holding a car dealer license in california is a privilege

the privilege of a car dealer license comes with some responsibility

our car dealer license education class for pre-licensing

with our online car dealer pre-license tutorial

offers the best dmv car dealer education

at the lowest price of any dmv provider

our prices begin at $ 100.

we sell no products

we offer quality car dealer education

and we answer car dealer questions, every day, 7 days a week

with our car dealer license hotline at: 800-901-5950

++++++++++++++++++++++++++++++++++++++

the two major hurdles to getting a car dealer license are:

property use verification ( zoning approval on dmv form ol902 )

dmv.ca.gov/forms/ol/ol902.pdf

surety bond approval ( bond cost is based on your credit )

ezdealerbond.com

we offer low cost solutions to get these hurdles behind you

++++++++++++++++++++++++++++++++++++++

the major car dealer license expense is car dealer insurance

car dealer licensing requires commercial dealer insurance

car dealer insurance policy is a comprehensive policy

garage keeper liability policy with a test drive endorsement

coverage varies by provider, but generally car dealer insurance covers:

location insurance for the office

complete vehicle coverage up to a stated value limit

regardless of the number of cars held in the car dealer inventory

business use, personal use and secondary use for all stated drivers

11580 of the insurance code handles dealer plated test drives by customers

using their existing insurance for up to 7 days on your inventory vehicle

for a free car dealer license insurance quote:

jlvonarx.com

+++++++++++++++++++++++++++++++++++++++++

become a car dealer blog:

autogodfather.com

free red flag rules car dealer class:

redflagclass.com

rex our automated red flag man:

rexhead.net

free online class to obtain your california dmv sales license

licensedsalesperson.com

car dealer bond quote to obtain your california dmv car dealer license

ezdealerbond.com

car dealer class to obtain your california dmv car dealer license

gotplates.com

check the current status of any car dealer license in california

https://mv.dmv.ca.gov/olinq2/welcome.do

===============================
WE MAKE IT SIMPLE FOR YOU
800-901-5950
thx

charlotte

we make red flag compliance simple for you + 800-901-5950

Auto Dealer Fraud
Did you know Auto Dealer Fraud is ranked as the number one consumer complaint throughout the nation? Dishonest car dealers are deceitfully swindling average consumers of thousands of dollars. You may be a victim and not know it. For an average consumer it is often difficult to determine whether or not they have been victimized. Since there are so many forms of Dealer Fraud, an average person can easily be defrauded. Auto Dealer Fraud categories include: misrepresentation of title, false advertisement, misrepresentation of vehicle history, financing fraud, packing payments, negative/trade-in equity, contract confusion, and selling prior rental, wrecked, or marked vehicles without disclosure or as new vehicles.

Contract Confusions
Contract fraud is perhaps the most discrete form of auto fraud. Since an average consumer is unaware of the many deceptive tactics that dealers use, they could be bound into paying hundreds of dollars. An average consumer is manipulated through various tricks, including rewriting/backdating contracts; signing more than “one” document in an attempt to charge a higher down payment, higher APR (Annual Percentage Rate), etc.; forging customers’ signatures; failing to provide translations of the completed lease or purchase contract in the applicable language; packing the contract with add-ons such as a service contract, warranty options, and accessories including alarms, GAP insurance, paint/fabric protection, window etching or low jack, items the customers don’t need.

Rewritten Contracts/Backdating: This occurs when a customer does not qualify for financing under initial contract terms. Therefore, the customer may have to consent to increase in down payment, higher APR, etc. in order to qualify for a loan. The dealership deceitfully has the customer sign a second contract with different terms and backdates the second contract with the date of the initial contract, thereby, charging interest for a time period in which the contract is not yet in effect. Not only is the act of backdating illegal, it is also a violation of the Automobile Sales Finance Act (ASFA), which requires that all parties sign one document.

Financing Fraud
Consumers are routinely billed hundreds and sometimes thousands of dollars by fraudulent car dealers. These schemes are designed to extort the highest possible profit from each sale. Dealers use many tactics, including negative equity/trade-ins which a transaction where the consumer is falsely led to believe that the dealership is valuing the trade-in vehicle at the same amount as what is owed. However, in reality the actual cash value of the vehicle in trade-in is less than the amount owed. This difference is added to the cash price of the new vehicle and as a result consumers ends up paying more in taxes and registration. The consumer is also duped when they are told they do not qualify for a loan under the original contract terms and therefore must pay a higher down payment or APR. Often customers end up paying for add-ons (such as alarms, service contracts, GAP insurance, paint/fabric protection, window etching, lo-jack, etc.) that they don’t necessarily need.

Used Car Fraud
Used Car Fraud occurs when the seller fails to disclose prior vehicle history (such as prior accidents, or rentals, etc); misrepresents title (often by selling a “salvage” title); or odometer fraud, where an odometer is illegally rolled back, replaced, or started over.

Negotiating in a Foreign language
California law provides that if a customer negotiates a lease/purchase of a vehicle primarily in Spanish, Chinese, Korean, Tagalog or Vietnamese, the dealer must give consumer a translation of the final contract in the applicable language before the contract is signed.

Odometer Fraud
Odometer fraud is the most prevalent form of auto fraud, resulting in costs of thousands of dollars. Odometer fraud occurs when illegal changes are made to the mileage shown on a used vehicle’s title and odometer. Examples of odometer fraud include roll back, replacement, or having an odometer rolled through all digits and started over.

http://www.carlawyer.com/whatwedo.htm

+++++++++++++++++++++++++++++++++++++

we make it simple for you

car dealer education reduces car dealer fraud

800-901-5950

red flag car dealer education + we make it simple for you

BEWARE OF SPOT DELIVERY!
DON’T BE PUT “ON THE SPOT.”

So you purchased a beautiful new car, signed all the necessary paperwork and drove it right off the lot with a big smile on your face. The dealer got you approved on the “spot”. Or so you thought.

A few days or weeks later, the dealer calls and asks you to return to “sign a few more papers”. “Mr. Smith”, they say, “we couldn’t get the car financed and you need to sign a new loan with another bank” or “you need someone to co-sign”, or “give us another $1000 and we can do the deal”, or “Mr Smith, we need to increase your monthly payment to get this done”. The dealer may even have delayed paying off a traded vehicle loan or refused to mail registration papers, all to place additional pressure on the consumer to do as they are instructed or to face dire consequences to their credit.

Sound familiar? It gets worse.

If you refuse, the dealer may threaten to repossess the car, tell you that you have no legal entitlement to keep it or even make you wait for hours at the dealership under some excuse, to wear you down. This situation is most common involving consumers with bad credit, since dealers perceive that such people are vulnerable and easy to take advantage of.

Most consumers assume the dealer is telling the truth and will do whatever the dealer says, resulting in higher payments, additional money being spent over the life of the loan and/or thousands of dollars in increased “hidden” costs. Those who refuse, see their cars repossessed.

What is happening here? It’s a Scam. Dealer Fraud. Unlawful. Illegal. Call it what you will. The industry has given it a name: Spot Delivery, a description which refers to the dealer placing a consumer in a car “on the spot”, to get the sale, only to “yo-yo” them back at a later date for additional funds. Played to perfection, a dealer can reap thousands of dollars in unearned fraudulent gain.

What to know about Spot Delivery: If you signed purchase documents and registration applications and if you obtained insurance for the vehicle, had a new license plate put on the car and/or had your old plate transferred, the car belongs to you.

Spot Delivery happens to unsuspecting consumers throughout the United States. It is very popular with dealers in Pennsylvania, New Jersey and Delaware. If you find yourself in this situation, the chances are good that you have legal remedies available to right this wrong.
Tools to Protect Yourself from Spot Delivery or Dealer Fraud:

* Remember that if you have signed papers, you own the car, regardless of whether the vehicle has been financed.
* Your credit was good or the dealer would not have delivered the car to you at the price you agreed to pay
* A finance document showing payments, deposit, interest rate and other financial items is a binding contract, giving you specific legal rights.
* You own the car subject to making payments only. The dealer cannot change that once you take possession.
* Keep all copies of your paperwork and anything else associated with the sale (including calendars, photographs, advertisements). If the finance manager asks for your papers at any time for any reason, refuse! Keep these documents in a safe place, not the car.
* If you are called back to the dealership to sign additional papers, either do not go or do so in a different car than the one you bought.
* Have a friend or spouse drive you and witness whatever is being told to you. This will prevent the dealer from taking your car as hostage, an all too common happening.
* If a dispute arises with the dealer over the contract and the dealer demands the car is returned, park it in a garage or remote location until the matter is resolved, to prevent it from being taken against your wishes.
* Put together a complete timeline of everything that happened from the time you thought of purchasing the car until the car was taken away. Try to remember specific names of dealership personnel and any statements that were made to you during conversations with the sales and finance staff.
* Keep track of all monies you had invested into the purchase, including registration, insurance, down payment and trade. Never pay cash and always get a receipt!

If you believe you are a victim of a Spot Delivery scam and wish to discuss it with a consumer attorney, call 1-800-LEMON-LAW (1-800-536-6652) or contact us by e-mail. Remember to leave a daytime telephone number where you can be reached. Based on the information you provide us, an attorney will meet with you to discuss your claim. If we do decide to represent you, the process will be cost-free.

++++++++++++++++++++++++++++++++++++++

good car dealer education prevents car dealer fraud

we make it simple for you

800-901-5950

red flag rules compliance for car dealers is about good car dealer education

Auto Dealer Fraud FAQ

Q: What is “auto dealer fraud”?

A: “Auto dealer fraud” is a term that describes deceptive and unlawful practices used by automobile dealers, at almost any stage of the vehicle purchase process — from advertising, to negotiation of vehicle pricing and financing terms. Examples of auto dealer fraud include “bait and switch” advertising practices, deceptive inflation of vehicle prices, and failure to disclose information about a vehicle.

Q: How does a “bait and switch” occur?

A: “Bait and switch” sales tactics are a form of false or deceptive advertising, in which a car dealer lures potential buyers to the dealership by advertising one vehicle at a certain price, then tells the customer that the particular vehicle is no longer available before using aggressive tactics to sell a different, more expensive vehicle (or the advertised vehicle at a price higher than the advertised price).

Q: What kinds of things must used car dealers disclose about a used vehicle that is being offered for sale?

A: In most states, car dealers must disclose whether a used vehicle has incurred significant damage in an accident, has been designated “salvaged”, or has been flood-damaged.

Q: What is a mileage “rollback”?

A: A form of auto dealer fraud, a “mileage rollback” or “odometer rollback” occurs when the odometer of a used vehicle (which indicates the total miles the vehicle has been driven) is altered (or “rolled back”) to display a number that is lower than the vehicle’s actual mileage.

Q: How do auto dealer fraud cases differ from Lemon Law cases?

A: Although both involve motor vehicles, auto dealer fraud cases are very different from Lemon Law cases. In auto dealer fraud cases, improper tactics used by a car dealer during the vehicle sale process are the focus, while lemon law cases arise from problems or defects with the vehicle itself.

Q: Should I contact the dealer if I feel that a car salesman committed fraud when I bought a car?

A: You may be required to do so. In many states, you (or your attorney) must contact the auto dealer and give them an opportunity to correct the problem to your satisfaction, before taking any legal action for possible auto dealer fraud. This contact should be in writing, and should clearly illustrate both the problem (i.e. the dealer’s failure to disclose certain financing charges), and what steps you would like the dealer to take to resolve the problem (i.e. a partial refund of the vehicle purchase price).

Q: Can I file a lawsuit for auto dealer fraud?

A: In most cases, yes. If you recently purchased a vehicle and you suspect that the dealer may have committed fraud in the sales process, you may want to speak with an experienced Auto Dealer Fraud Attorney. An Auto Dealer Fraud attorney will evaluate all aspects of your case and explain all options available to you — including filing a lawsuit for your damages — and will work with you to ensure the best possible outcome for your case. Remember that in some states, you are required to contact the dealer and give them an opportunity to correct the problem before you take any legal action.

+++++++++++++++++++++++++++++++++++++++

good car dealer education helps reduce car dealer license fraud

to file a complaint against a car dealer license holder in california:

http://www.dmv.ca.gov/forms/inv/inv172.htm

to speak with a dmv attorney regarding car dealer license fraud:

www.civilizedlaw.com

to check the current license status of any california dealer:

https://mv.dmv.ca.gov/olinq2/welcome.do

+++++++++++++++++++++++++++++++

become a car dealer blog:

autogodfather.com

free red flag rules car dealer class:

redflagclass.com

rex our automated red flag man:

rexhead.net

free online class to obtain your california dmv sales license

licensedsalesperson.com

car dealer bond quote to obtain your california dmv dealer license

ezdealerbond.com

car dealer class to obtain your california dmv dealer license

gotplates.com

===============================
WE MAKE IT SIMPLE FOR YOU
800-901-5950
thx

charlotte

we make red flag compliance simple for you + 800-901-5950

Douglas man arrested,

charged with acting as

car dealer without license

( CURBSTONER IN CAR DEALER LICENSE SLANG )

November 18, 2009

A 54-year-old Douglas County man was arrested Wednesday on a warrant charging him with selling cars with bogus odometer readings and acting as a car dealer without a license.

Nevada Department of Motor Vehicle’s Compliance Enforcement Division investigators said they had received several complaints alleging William Wilkins was selling cars in which odometer readings were not accurate, and that he was not a licensed car dealer.

Investigators worked with the Douglas County District Attorney’s Office which resulted in Wilkins being charged in a warrant with six counts of obtaining money under false pretenses, one count of concealment of a salvage brand on a title and one count of being an ex-felon in possession of a firearm.

No further details were known about the allegations, or the nature of how the cars were being sold.

++++++++++++++++++++++++++++++++++++++++++++++++

check the current status of any car dealer license holder in california:

dmv car dealer license database

good dmv law enforcement is aided by:

dealer compliance & car dealer education

WE MAKE IT SIMPLE FOR YOU

800-901-5950

we make it simple for you to hold your car dealer license + 800-901-5950

Posted: November 19th, 2009
Categories: car dealer license training tips, car dealer watch list, dealer license training, dmv certified car dealer education for pre-licensing car dealer class, identity theft account takeover and the red flag rules, private automated dealer education, red flag rules are not rocket science, rex reveals automated dmv dealer license checkpoint, rex reveals dealer plate rules, rex the automated man gives amazing red flag service
Tags: 24-7dealerclass, 800-901-5950, autodealerclass, automated man, automated man blog, automated man blog official version, bigcardealer, bogus car dealer, car dealer arrest, car dealer fraud, car dealer with no license, certified dmv dealer education, check on a dealer license, cofferdealereducation, curbstoner arrest, dealer license validity check, dealerclass, dealerseminars, dmv dealer database, dmv dealer license status, gotplates, lack of integrity, lack of obsidian vision, lack of vision, nevada dmv arrest, red flag car dealer school, red flag training, rex automated man, rex rocket man, superiorbonds, unlicensed car dealer, waynesinsurance
Comments: No Comments.

FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule

At the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the “Red Flags” Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC.

CAR DEALERS WILL HAVE UNTIL JUNE 1, 2010 TO MEET RED FLAG RULES COMPLIANCE

The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the Commission and other agencies to develop regulations requiring “creditors” and “financial institutions” to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have “covered accounts” to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft.

The Commission previously delayed the enforcement of the Rule for entities under its jurisdiction until November 1, 2009. The Commission staff has continued to provide guidance to entities within its jurisdiction, both through materials posted on the dedicated Red Flags Rule Web site (www.ftc.gov/redflagsrule), and in speeches and participation in seminars, conferences and other training events to numerous groups. The Commission also published a compliance guide for business, and created a template that enables low risk entities to create an identity theft program with an easy-to-use online form. FTC staff has published numerous general and industry-specific articles, released a video explaining the Rule, and continues to respond to inquiries from the public. To assist further with compliance, FTC staff has worked with a number of trade associations that have chosen to develop model policies or specialized guidance for their members.

On October 30, 2009, the U.S. District Court for the District of Columbia ruled that the FTC may not apply the Red Flags Rule to attorneys. Today’s announcement that the Commission will delay enforcement of the Rule until June 1, 2010, does not affect the separate timeline of that proceeding and any possible appeals. Nor does it affect other federal agencies’ ongoing enforcement for financial institutions and creditors subject to their oversight.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

MEDIA CONTACT:
Office of Public Affairs
202-326-2180

http://www.ftc.gov/opa/2009/10/redflags.shtm

============================================

dmv certified car dealer education

we make it simple for you

charlotte

800-901-5950

++++++++++++

car dealer education websites:

rexhead.net
gotplates.com
redflagclass.com
ezdealerbond.com
autogodfather.com

++++++++++++

we make red flag compliance simple for you + 800-901-5950