what is a car dealer bond exactly ???

DMV Motor Vehicle Dealer Bond

Bond Amount

$50,000

Requiring Entity

State of California Department of Motor Vehicles

Underwriting Criteria

Personal credit check and personal financial statements for all business owners

Who is Required to Secure this Bond

Under California Vehicle Code 11710 (CVC 11710) all applicants for a dealer or remanufacturer license are required to procure and file a bond with the Department of Motor Vehicles. The bond must be executed by an admitted surety, as approved to by the Attorney General. The dealer bond must be in the amount of $50,000, unless the dealer deals exclusively in motorcycles or all-terrain vehicles and wholesale dealers who sell fewer than 25 cars per year (CVC 11710.1)

Bond Requirement Specifics

Under California Vehicle Code 11710 (CVC 11710) all applicants for a dealer or remanufacturer license are required to procure and file a bond with the Department of Motor Vehicles. The bond must be executed by an admitted surety, as approved to by the Attorney General. The dealer bond must be in the amount of $50,000, unless the dealer deals exclusively in motorcycles or all-terrain vehicles and wholesale dealers who sell fewer than 25 cars per year (CVC 11710.1) The liability of the bond must remain at full value at all times. If the bond amount is decreased or if there is an outstanding court judgment again the dealer, remanufacturer or surety, the license will be automatically suspended. In order to reinstate the license, the licensee must file an additional bond or restore the bond to the original amount, or terminate the outstanding judgment or which the dealer, remanufacturer or sureties are liable (CVC 11710).

Who is protected Under this Bond

Purchaser, sellers, financing agencies or governmental agencies in the State of California are entitled to make a claim against the dealer’s surety bond should the dealer act in violation of the California Vehicle Code. Upon validation of the claim, the beneficiary is entitled to monetary damages which the surety bond would cover. The bond guarantees that individuals granted a license or permit to operate a business or to exercise a privilege will meet the obligations under that license or permit.

Underwriting Process

Each applicant must first complete and submit the application for a Motor Vehicle Dealer, which contains all of the pertinent information regarding the business and business owners. Upon receipt of the application, our agency will be able to provide a response as to rate and approval for the Motor Vehicle Dealer bond within one business day. Once the application is approved, the bond will be executed and released to the applicant upon receipt of payment.

What you Need to do Once you have your Bond

Once the Motor Vehicle Dealer bond has been approved and released to the applicant’s care, it must be filed with the Department of Motor Vehicles along with the licensing paperwork. The Department of Motor Vehicles will maintain the bond, which must remain effective at all times to prevent any suspension of the Motor Vehicle Dealer license.

Obligee Link

http://www.dmv.ca.gov/vehindustry/ol/olbranch_top.htm 

new labeling rules for BHPH car dealerships

BHPH Dealer Requirements

The new legislation requires BHPH dealers, on every vehicle sold or leased, to:

Restrict the use of global positioning satellite (GPS) and starter interrupt devices,
unless the buyer has been advised. As with all consumer advisory requirements, the
department recommends the advisory statement be in writing and the buyer’s
signature is obtained on such written document.

Affix and prominently display a label on any used vehicle offered for retail sale that
states the reasonable market value of the vehicle. The label must meet all of the
following conditions:

—Printed with a heading in at least 16-point bold type that reads

“REASONABLE MARKET VALUE OF THIS VEHICLE”

with text at least 12-point type.

—Located adjacent to the Used Car Buyer’s Guide located prominently and
conspicuously on the vehicle so that it is readily readable.

—Identify all equipment included with the vehicle.

—Contain the information used to determine the reasonable market value of the
vehicle, including, but not limited to, the use of a nationally recognized pricing
guide for used vehicles.

—Contain the date the reasonable market value was determined.

—Indicate that the reasonable market value is being provided only for comparison
shopping and is not the retail sales price or the advertised price of the vehicle.

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cheat the government…..go to prison

TAX-FRAUD PROBE: Posh home, used-car lots raided

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Agents confirmed on Tuesday, Oct. 29, that a search warrant was served at the address of 6990 Wyndham Drive, Riverside. — STAN LIM/STAFF PHOTOGRAPHER

BY DEBRA GRUSZECKI and BRIAN ROKOS | STAFF WRITERS

Two auto-sales businesses and a luxury home in Riverside were raided Tuesday morning by state agents and the Riverside County district attorney’s office as search warrants relating to an investigation into suspicions of sales-tax fraud were served on the occupants.

The warrants, obtained by the state Franchise Tax Board and Board of Equalization, included a probable-cause arrest warrant, said Tami Grimes, a spokeswoman for the Franchise Tax Board’s criminal investigation bureau.


UPDATES:
Two men jailed on felony charges
Bail raised to $2.6M as auto dealers plead not guilty


Agents entered the home at 7 a.m. Tuesday, Oct. 29, Grimes said. The two businesses were searched at 8 a.m., she added.

Investigators at the county and state level declined to reveal details of the probe.

Fraud involving the automotive sales industry can take many forms. Investigations can range from sales tax evasion and employment-tax fraud to money laundering. One tool the government has to stem illegal activity is a law requiring cash payments of more than $10,000 to be reported to tax authorities.

In California, the main tax agency is the Franchise Tax Board. It provides information to the public about taxes owed, and investigates claims of tax fraud. The Board of Equalization collects sales and use taxes, and handles all reports of corporate sales or use tax fraud.

A One Auto Center, a used-car dealer, was launched in 1998 by Ahmad and Nader Samir, according to 2007 published reports in The Press-Enterprise and Entrepreneur magazine. That year, the company claiming its base in San Bernardino made the “Hot 500” rankings at No. 348 for 2006 sales of $56 million and 120 employees.

On Tuesday, both businesses were closed through the day.

State agents could be seen in the parking lots at various times, lugging banker’s boxes toward rented moving vans. At one point, a customer of the San Bernardino car sales company approached a Franchise Tax Board agent to ask if he could go inside to get the registration a car he said he bought.

Turned away, the customer said the agent he’d spoken with told him the business would likely reopen Wednesday. He left the scene, declining to give his name.

Just after 3 p.m., police from the state Board of Equalization and Franchise Tax Board removed a computer and at least four boxes of evidence from the Wyndham Hill house and put them in an unmarked white van.

Riverside County property records say the home is owned by Sami Nader, whose name also appears on several company-name variations of A-One Auto. He is listed as Sami Naden on corporate filings for A-One Auto Center Riverside Inc., a company listed by the state as being suspended.

Nader could not be reached for comment.

Throughout the day, there was no sign of any of the residents at the home or the businesses.

 

The online real-estate service Zillow.com describes the custom single-story home at 6990 Wyndham Hill Drive as Riverside’s “Taj Mahal.”

County records say the home purchased by Nader in April 2008 carries a value of $1.5 million, after the standard $7,000 homestead-tax exemption.

The narrative on the Zillow report, which is usually written by a real estate agent and can be edited by the property owner, says the seven-bedroom, five-bath home on 2.2 acres at one point received more than $2 million in improvements such as waterfalls, three full-size pools, a sauna, sports court, covered patios, fish tanks and gazebos.

The white house on the corner lot stands out, even among other fancy homes on the street. It stands behind a copper-colored wrought-iron fence punctuated by gold-colored medallions. Two granite fountains spill water into small pools on either side of the walkway.

And then there are the statues and sculptures, ranging from lions to Grecian-style women.

Two Bentleys and one Jaguar — all with paper auto dealer plates on them — were parked on the property Tuesday afternoon.

The property at 6990 Wyndham Hill is connected to a home at 6960 Wyndham Hill by an outside staircase.

Property records could not be immediately found at the county for 6960 Wyndham Hill. However, the Zillow listing says that 7,892-square-foot home has “expansion plans for about 24,000 square feet.”

This is not the first time police have raided a home on Wyndham Hill.

In September 2011, papers were served at the house across the street that was being rented by former San Bernardino Airport developer Scot Spencer. The raid came after a two-year grand jury investigation into airport operations.

Contributing to this report: Staff videographer Chris Ercoli, cercoli@pe.com, and staff writer Timothy Guy, tguy@pe.com

ADESA auto auction application

Dealer Registration Forms

ADESA auctions are for registered wholesale automotive dealers only, closed to the public. Each dealer has to be registered at an ADESA auction before receiving a bid badge or buying cars online.

Below you will find a series of Web pages, links and printable files that will assist you with the process of registering at your local ADESA Auction facility. Several of these files have been created with Adobe Acrobat for security reasons. To view these files you must have Adobe Acrobat Viewer installed on your computer. If you do not have this program you candownload a free version. These files may also be obtained at your local ADESA auction.

In addition to completing and submitting the required dealer registration forms listed below, please provide copies of the following documents:

  • State dealer’s license or equivalent required state document
  • Current dealer bond, if required by your state
  • Current sales tax certificate
  • Copy of a voided company business check
  • Current salesperson’s license for each representative, if required by your state

Each representative will need to go to the Dealer Registration counter at one of our auctions to have their current driver’s license scanned into Auction ACCESS. If the representative plans to buy online only, please provide a legible copy of their current driver’s license.

ALL of the ADESA and Auction ACCESS forms listed below are required in order to register and participate either online or at any of our U.S. whole car auctions.

Required ADESA Forms:

MTC (Uniform Sales & Use Tax Certificate)
Personal Guaranty
Power of Attorney
Title Handling Form
IRS W-9 Form
US Auction Policy (Terms & Conditions)
NAAA Arbitration Policy
ADESA As-Is Policy
ADESA Post Sale Inspection Policy

Required Auction Access Forms:

Please download the following forms from the Auction Access website.

  • Application
  • Bank Authorization Letter
  • Dealership Credit Information Form
  • Individual Authorization Letter
  • Dealer Authorization/Removal Letter

After completing the documents, please fax or mail them to the dealer registration department at one of the ADESA auctions you would like to attend. You can obtain address, phone and fax contact information using the ADESA Auction List.

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take a look at the DMV Car Dealer Handbook

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car dealer plates rules from the dmv ( california code of regulations )

dmv 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 2/16/16 

§ 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.

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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.

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Adobe Acrobat Reader is required to view, fill out and print forms. To incorporate the latest accessibility features download of the latest version of Acrobat Reader may be required. If you have problems with Acrobat Reader or our PDF form, select PDF Troubleshooting.

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What is AB1215?
California Assembly Bill 1215 requires that all licensed auto dealers in California run vehicle history reports through the National Motor Vehicle Title Information System (NMVTIS) for each used vehicle sold, with a red warning sticker required on vehicles reported to be salvage, total loss, or title-branded.
More on AB1215 »  More on NMVTIS »

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Sign up for a VinAudit Dealer Account

Please register here to receive a VinAudit.com Dealer Account for bulk access to NMVTIS reports. For instant activation, please fill all required fields.

Your Name:
Business Name:
Full Address:
Zip Code:
Email:
Phone:
Website (optional):
 I agree to the VA Partner Agreement.
 I agree to the NMVTIS Disclaimer.

car dealers…..you must consider salespersons as employees or independent contractors

 

Larry Miles, senior attorney with The Miles Law Firm, recently won an important decision for the California auction industry involving the question of whether auto auctioneers are employees or independent contractors.  Arguing that auto auctioneers are sufficiently unique in their skills and independent in their work to justify being deemed independent contractors,  Miles persuaded the Employment Development Department administrative law judge to reject EDD efforts to classify the auctioneers as employees of the auto auction.

The important decision comes on the heels of a new state law, SB 459, that imposes new penalties for businesses that “willfully” misclassify workers as independent contractors.  In addition to penalties of potentially $5,000 to $25,000 per infraction, the new statute requires the offending employer to announce their “willfull” misclassification on their website for a year.  The new penalties are in addition to existing taxes and penalties that are due upon a redetermination by EDD.  The state Labor and Workforce Development Agency will enforce the new law effective January 1.

The silver lining for employers in the increased focus on misclassification of workers is the IRS’ recent announcement of an “amnesty” on penalties and interest attributable to a misclassification problem.  The “Voluntary Worker Classification Settlement Program” is available for employers who meet the eligibility requirements, which include 1) consistent prior treatment of the workers as independent contractors, 2) issuance of 1099’s for the workers in controversy, and 3) not already the subject of audit by the IRS or a state agency.  Under the program, the IRS will waive certain penalties and interest in consideration of the employer treating the workers as employees going forward and paying a little over 1% of the wages paid to the contractor for the past three years.  Consult the IRS’ website for further information regarding this program.

The new law raises the stakes for an innocent misclassification of a worker as an independent contractor.  Employers should consult with counsel if they have any questions regarding their current classification of any workers as an independent contractor.

The Miles Law Firm, A Professional Corporation, practices civil and business law, including extensive work in the auto and aviation industries. For more information, please email the Firm at mileslaw@milesfirm.com or review the Firm’s website.