ARKANSAS MOTOR VEHICLE COMMISSION ACT (6) Windshield wipers; and (7) Brake pads. (g) A manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall compensate a motor vehicle dealer that provides assistance requested by a customer whose motor vehicle was subjected to an over-the-air or remote change, repair, or update to any part, system, accessory, or function by the motor vehicle manufacturer or distributor and performed at the motor vehicle dealer’s location or other manufacturer-authorized repair location of the motor vehicle dealer. History. Acts 1997, No. 1154, § 2; 1999, No. 1042, § 7; 2007, No. 746, §§ 1, 2; 2009, No. 756, § 12; 2011, No. 1005, § 9; 2013, No. 1043, § 5; 2015, No. 1055, §§ 4, 5; 2019, No. 924, § 3; 2021, No. 1077, §§ 5,6; 2023, No.515, §§ 1,2. 23-112-314. Civil Penalty. (a) If after request for alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person not holding a license under this chapter is guilty of any violation of this chapter or rules promulgated thereunder, the Commission shall have the power and authority to impose a monetary penalty upon the person not to exceed one thousand dollars ($1,000) per violation. (b) Each day of violation of this chapter or of a rule shall constitute a separate violation subjecting the person to a separate civil penalty. (c) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the Commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of the penalty not paid. (d) (1) Repeated violations by any person not holding a license under this chapter shall result in an increase in the penalty assessed by the Commission. (2) The terms “second” and “subsequent” violation as used in this section mean a violation of the same nature as a previously remedied violation that occurs within five (5) years of the remedied violation by any person not holding a license under this chapter. (3) The Commission shall have the power and authority to impose a penalty not to exceed two thousand five hundred dollars ($2,500) for a second violation, with the penalty increasing in increments of two thousand five hundred dollars ($2,500) for each subsequent violation. History. Acts 1999, No. 1042, § 8; 2001, No. 1053, § 13; 2019, No. 315, § 2833. 23-112-315. [Repealed. Motor Vehicle Dealer Documentary Fees - Disclosures.] This section was repealed by Acts 2007, No. 366 § 3. The section was derived from Acts 2001, No. 1600, § 1. Acts 2003, No. 1722; § 1. 23-112-316. Delivery Prior to Sale — Disclosures. (a) As used in this section: (1) (A) “Contract for sale” means the final agreement between a new motor vehicle dealer and a consumer that: (i) Includes all material terms of the sale of a motor vehicle; and (ii) Is binding upon the seller, the buyer, and any necessary third-party financer. (B) “Contract for sale” includes a financing agreement and all material financing terms if the motor vehicle is to be financed; and (2) “Delivery prior to sale” means a delivery of a motor vehicle by a new motor vehicle dealer to a consumer prior to the completion and execution by both parties of a contract for sale. (b) If a new motor vehicle dealer engages in a delivery prior to sale, then the new motor vehicle dealer shall provide the consumer with an agreement for delivery prior to sale at the time of delivery of the motor vehicle to the consumer. (c) (1) The agreement for delivery prior to sale shall be: (A) Printed in at least 12-point type; and (B) Signed by the consumer and the new motor vehicle dealer or the dealer’s representative. (2) The agreement for delivery prior to sale shall not be considered a contract for sale. (d) The agreement for delivery prior to sale shall include all of the following terms: (1) Unless the consumer is approved for financing and both parties have executed a contract for sale, then the new motor vehicle dealer shall not: (A) Deposit or cash any down payment provided by the consumer; and (B) Sell any motor vehicle that is presented by the consumer as a trade-in; (2) The consumer retains the right to cancel the purchase of a motor vehicle if: (A) The new motor vehicle dealer changes any terms; or (B) The consumer fails to obtain financing that meets the agreed upon interest rate; and (3) If a consumer who executes an agreement for delivery prior to sale chooses not to execute a contract for sale or otherwise cancels the purchase as provided under this section, then: (A) The new motor vehicle dealer shall not: (i) Impose any charge or penalty against the consumer; or (ii) Deposit or cash any down payment provided by the consumer; and (B) The new motor vehicle dealer shall immediately return any motor vehicle that was presented by the consumer as a trade-in; and (4) If the consumer decides to not purchase the motor vehicle, the consumer shall return the motor vehicle to the new motor vehicle dealer within forty-eight (48) hours after the consumer notifies the dealer. (e) If a consumer fails to return a motor vehicle pursuant to subdivision (d)(4) of this section, then the new motor vehicle dealer may recover the vehicle without the necessity of judicial process if the recovery is possible without committing an act of breaking or entering or breach of the peace. (f) The Arkansas Motor Vehicle Commission shall promulgate rules to implement, enforce, and administer this section. History. 2005 No. 1687, § 1; 2019, No. 315, § 2834. 23-112-317. Motor Vehicle Dealer Service and Handling Fees. (a) A motor vehicle dealer may fill in the blanks on standardized forms in connection with the sale or lease of a new or a used motor vehicle if the motor vehicle dealer does not charge for the service of filling in the blanks or otherwise charge for preparing documents. (b) (1) A motor vehicle dealer may charge a service and handling fee in connection with the sale or lease of a new or a used motor vehicle for: (A) The handling, processing, and storage of documents; and (B) Other administrative and clerical services. (2) (A) The service and handling fee may be charged to allow cost recovery for motor vehicle dealers. (B) A portion of the service and handling fee may result in profit to the motor vehicle dealer. (c) (1) The Arkansas Motor Vehicle Commission shall determine by rule the amount of the service and handling fee that may be charged by a motor vehicle dealer. The service and handling fee shall be no less than zero dollars ($0.00) and no more than one hundred twenty-nine dollars ($129). (2) If a service and handling fee is charged under this section, the service and handling fee shall be: (A) Charged to all retail customers; and (B) Disclosed on the retail buyer’s order form as a separate itemized charge. (3) If a service and handling fee is charged under this section, the service and handling fee is not required to be charged to all fleet sales. (4) If a service and handling fee is charged under this section: (A) A motor vehicle dealer may charge a purchaser of a motor vehicle a different service and handling fee if the purchaser utilizes: (i) A manufacturer’s sales plan or program; or (ii) Financing through a finance company that caps a service and handling fee; (B) The service and handling fee charged under this section shall be consistent with the service and handling fee authorized under: (i) The manufacturer’s sales plan or program; (ii) The finance company policy; or (iii) The laws of a foreign state with subject-matter jurisdiction. (d) A preliminary worksheet on which a sale price is computed and that is shown to the purchaser, a retail buyer’s order form from the purchaser, or a retail installment contract shall include in reasonable proximity to the place on the document where the service and handling fee authorized by this section is disclosed: Arkansas Automobile Dealers Association | 33
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