English: 16-Hour New License Auto Dealer Course
Record Keeping
assessment
New Dealers
This chapter addresses the importance of record keeping by the licensed motor vehicle, recreational vehicle and mobile home dealers; record inspections by the Department, top violations and how they can be avoided.
Sections 320.27(3), 320.771(3)(h) and 320.77(3)(h), Florida Statutes: require an
applicant for a motor vehicle, recreational vehicle or mobile home dealer license to
certify that the business location of his business provides an adequately equipped
office where the applicant can in good faith carry on such business and keep and
maintain books, records and files necessary to conduct such business, which will be available at all reasonable hours for inspection by the Department, any of its
Compliance Examiner, or other employees. These statutes require dealers to maintain records. These statutes also create the authority for inspection of records by the Department.
Section 320.27(6), 32.77(8), 320.771(8), Florida Statutes: requires every motor vehicle, recreational vehicle and mobile home dealer to keep a book or record in either paper or electronic form as prescribed or approved by the department for a period of 5 years. The dealers must keep a record of the purchase, sale, or exchange, or receipt for the purpose of sale, of any motor vehicle, recreational vehicle or mobile home; the date upon which any temporary tag was issued for the motor vehicle or recreational vehicle; the date of title transfer, and a description of such motor vehicle, recreational vehicle or mobile home together with the name and address of the seller, the purchaser, and the alleged owner or other person from whom such unit was purchased or received or to whom it was sold or delivered, as the case may be. Such description shall include the identification or engine number, maker’s number, if any, chassis number, if any, and
such other numbers or identification marks or serial numbers as may be thereon and shall also include a statement that a number has been obliterated, defaced, or changed, if such is the fact. When a licensee chooses to maintain electronic records, the original paper documents may be destroyed after the licensee successfully transfers title and registration to the purchaser as required by chapter 319 for any purchaser who titles and registers the motor vehicle in this state. In the case of a sale to a purchaser who will title and register the motor vehicle or recreational vehicle in another state or country, the licensee may destroy the original paper documents after successfully delivering a lawfully reassigned title or manufacturer’s certificate or statement of origin to the purchaser and after producing electronic images of all documents related to the sale.
Sections 320.27(7), 320.77(10), 320.771(10), Florida Statutes: require a motor vehicle, recreational vehicle or mobile home dealer license to have in his or her possession or control a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319, from the time when the motor vehicle, recreational vehicle or mobile home is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee, or shall have reasonable indicia of ownership or right of possession, or shall have made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319. A dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection. Reasonable indicia of ownership shall include a duly assigned certificate of title; in the case of a new motor vehicle, a manufacturer’s certificate of origin issued to or reassigned to the dealer.
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Course
English: 16-Hour New License Auto Dealer Course
Author
Joaquin Jimenez
Instructor
