Compilation of Rules and Regulations of the State of Georgia
Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION
Chapter 681-9 - LICENSEES TO COMPLY WITH ALL LAWS
Rule 681-9-.02 - Responsibilities of a Used Motor Vehicle Dealer
Universal Citation: GA Rules and Regs r 681-9-.02
Current through Rules and Regulations filed through March 20, 2024
(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.
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.
Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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