ARKANSAS MOTOR VEHICLE COMMISSION ACT (1) The amount of the service and handling fee; and (2) The following notice in type that is bold-faced, capitalized, underlined, or otherwise conspicuously set out from the surrounding written material: “A SERVICE AND HANDLING FEE IS NOT AN OFFICIAL FEE. A SERVICE AND HANDLING FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO THE CUSTOMER FOR PERFORMING SERVICES AND HANDLING DOCUMENTS RELATING TO THE CLOSING OF A SALE OR LEASE. THE SERVICE AND HANDLING FEE MAY RESULT IN PROFIT TO THE DEALER. THE SERVICE AND HANDLING FEE DOES NOT INCLUDE PAYMENT FOR THE PREPARATION OF LEGAL DOCUMENTS. THIS NOTICE IS REQUIRED BY LAW.” (e) The Arkansas Motor Vehicle Commission may promulgate rules to implement, enforce, and administer this section. History. Acts 2007, No. 366, § 1; 2013, No. 561, § 5; 2015, No. 1055, § 6. 23-112-318. Negative Equity Financing and Disclosures Permitted. A new or used motor vehicle dealer or a new or used motor vehicle lessor is not required to be licensed by the State Bank Department in order to: (1) (A) Pay in connection with a credit sale transaction any amount necessary to satisfy a lease, a security interest, or a lien upon a motor vehicle that is either returned or traded in to the new or used motor vehicle dealer or the new or used motor vehicle lessor by the purchaser of a new or used motor vehicle. (B) The amount paid by the new or used motor vehicle dealer or by the new or used motor vehicle lessor may be included and disclosed as part of the credit sale transaction; or (2) (A) Pay in connection with a lease transaction, any amount necessary to satisfy a lease, a security interest, or a lien upon a motor vehicle that is either returned or traded in to the new or used motor vehicle dealer or the new or used motor vehicle lessor by the lessee of a new or used motor vehicle. (B) The amount paid by the new or used motor vehicle dealer or by the new or used motor vehicle lessor may be included and disclosed as part of the amount to be paid by the lessee under the lease transaction. History. Acts 2007, No. 649, §1. 23-112-319. Reimbursement claim by motor vehicle dealer. (a) (1) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs. (2) The compensation for recall repairs required under subdivision (a) (1) of this section shall be reasonable. (3) If recall parts or a remedy is not reasonably available to perform a recall service or repair on a used motor vehicle held for sale by a dealer authorized to sell and service new motor vehicles of the same line make of a motor vehicle within thirty (30) days of the manufacturer’s issuing the initial notice of recall, and the manufacturer has issued a stop-sale order or do-not-drive order on the used motor vehicle, the manufacturer shall compensate the dealer at a prorated rate of at least one and twenty-five-hundredths percent (1.25%) of the value of the used motor vehicle per month beginning thirty (30) days from the date on which the stop-sale order or do-not-drive order was provided to the dealer until the earlier of: (A) The date the recall parts or a remedy is made available; or (B) The date the dealer sells, trades, or disposes of the affected used motor vehicle. (b) This section applies only to a: (1) Used motor vehicle subject to a safety or emissions recall in accordance with federal law and regulations and a stop-sale order to do-not-drive order has been issued and repair parts or a remedy remains unavailable for thirty (30) days or longer; and (2) New motor vehicle dealer having an affected used motor vehicle: (A) In inventory for sale at the time the stop-sale order or do-notdrive order was issued; (B) For sale as a used motor vehicle as a consumer trade-in, incident to the purchase of a new motor vehicle from the dealer after the stop-sale order or do-not-drive order was issues; or (C) For sale that is a line make of a used motor vehicle the dealer is franchised to sell or on which the dealer is authorized to perform recall repairs. (c) (1) It is a violation of this section for a manufacturer to reduce the amount of compensation otherwise owed to a new motor vehicle dealer because the new motor vehicle dealer has submitted a claim for reimbursement under this section, including without limitation compensation owed through: (A) A chargeback; (B) Removal of the dealer from an incentive program; or (C) A reduction in the amount owed under an incentive program. (2) However, subdivision (c) (1) of this section does not apply to a reduction in the amount of compensation owed to a new motor vehicle dealer by a manufacturer if the reduction is applied uniformly to all new motor vehicle dealers of the same line make in the state. (d) A reimbursement claim made by a new motor vehicle dealer for a recall remedy or repair or for compensation when no part or repair is reasonably available and the motor vehicle is subject to a stop-sale order or do-notdrive order. (1) Is subject to the same limitations and requirements as a warranty reimbursement claim made under § 23-112-313; or (2) May be compensated to a franchised dealer by a manufacturer under a national recall compensation program if the compensation under the program is equal to or greater than the compensation under subsection (a) of this section or the manufacturer and dealer otherwise agree to the amount of compensation. (e) A manufacturer may direct the manner and method in which a dealer demonstrates the inventory status of an affected used motor vehicle to determine eligibility for compensation under this section if the manner and method are not unduly burdensome and do not require that the dealer provide information that may be unduly burdensome to obtain. (f) This section does not require that a manufacturer provide total compensation to a dealer that exceeds the total average trade-in value of the used motor vehicle. (g) If a recall remedy for a used motor vehicle is available under federal law or federal regulation, a dealer may choose to be compensated under the federal statute or under this section but may not combine the recall remedies. (h) The value of a used motor vehicle shall be the average trade-in value for used motor vehicles as indicated in an independent third-party guide for the year, make, and model of the affected used motor vehicle. History. Acts 2019, No. 924, §4. SUBCHAPTER 4. UNLAWFUL PRACTICES. SECTIONS. 23-112-401. [Repealed. Penalty.] 23-112-402. Dealer and Salesperson. 23-112-403. Manufacturers, distributors, second-stage manufacturers, importers, or converters. 23-112-304. Issuance of licenseChange of location-Change of business or of locationChange of business or corporate name, structure, or DBA name-Dealers, manufacturers, distributors, etc. 23-112-404. Motor Vehicle Lessors. 23-112-405. [Repealed. Auto Auctions.] 23-112-406. Acting as Broker. 23-112-407. [Repealed.] 23-112-401. [Repealed. Penalty.] This section, concerning penalties, was repealed by Acts 2001, No. 1053, §14. The section was derived from Acts 1975, No. 388, § 8; 1977, No. 838, § 2; A.S.A. 1947, § 75-2308. 23-112-402. Dealer and salesperson. It shall be unlawful for a motor vehicle dealer or a motor vehicle salesperson: (1) (A) To require a purchaser of a motor vehicle, as a condition of sale and delivery thereof, to also purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser. (B) However, this prohibition under subdivision (1)(A) of this section does not apply as to special features, appliances, equipment, 34 | 2024 Membership Directory and Buyer’s Guide
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