RULES OF THE ARKANSAS MOTOR VEHICLE COMMISSION RULE 8 DEALER SERVICE AND HANDLING FEES (A) Pursuant to Ark. Code Ann. §23-112-317 (c) (1) the Commission shall determine the amount of the Dealer Service or Handling Fee, and that fee shall be no less than zero ($0) dollars and no more than one hundred twenty nine dollars ($129.00). (B) The amount that an Arkansas dealer may charge for Dealer Service and Handling Fees, allowed by A.C.A. §23-112-317(d) is not to exceed $129.00. The fee, if charged, must be charged uniformly to all retail customers. (C) In no instances shall the allowed fee, as mentioned above, be disclosed to the purchaser, represented verbally, or represented in any manner or medium, as being mandated by any other entity other than the dealership charging the fee. (D) (1) If a Dealer Service and Handling Fee, is charged the motor vehicle dealer must follow the procedures for disclosure set out in the subsection (c) when charging any consumer a Dealer Service and Handling Fee, as provided for in this section. (2) The motor vehicle dealer must disclose, to any consumer, the following information in written form: (i) The amount of the fee; and (ii) Notice in type that is bold-face, capitalized, or underlined or other wise conspicuously set out from the surrounding written material as listed in section (C) of this rule (E) (a) If a Dealer Service and Handling fee is charged, the dealer shall prominently display a poster or sign measuring at least 8” x 10” in the finance and insurance office or in any area sales document processes are conducted. (b) The poster or sign shall include the following information: (i) The dealership charges a Dealer Service or Handling Fee; (ii) The amount of the fee; (iii) The required notice as stated in A.C.A. §23-112-317 (c)(2). (c) The required notice shall be in a common font (Times Roman or Arial) and at least 55 point size. The portion of the notice which includes the statute A.C.A. §23-112-317 (c)(2) shall be in a common font (Times Roman or Arial) and at least 24 point size. The full area of the poster or sign must be utilized. An example is provided by the Commission at www.amvc.arkansas.gov or upon request. RULE 9 DELIVERY PRIOR TO SALE/SPOT DELIVERY 1. Disclosures in the following language, in order and sequence, must be used in all agreements for delivery prior to sale of any motor vehicle unless excluded by these rules: AGREEMENT FOR DELIVERY PRIOR TO SALE These disclosures are required by A.C.A. §23-112-316, and will be incorporated into your contract for sale to purchase a motor vehicle. A. IMPORTANT NOTICE: The papers you are signing as part of this motor vehicle sale are legal documents. You should read them carefully and if there is anything you do not understand, you should seek legal assistance. This agreement is not a contract for sale. _____ Buyers Initials B. WARNING: Only the terms and conditions written into these documents are part of the contract for sale. Be sure that any oral representations are also written into these documents; otherwise they cannot be enforced. C. This vehicle will be delivered to you prior to the approval of financing by a financial institution and prior to the execution of the contract for sale. I further understand the final contract for sale will include the following terms: the financed amount of $_______________ at a finance rate not to exceed ________% for ____________ months or a cash amount of $_________________. • If financing cannot be acquired at the agreed upon rate listed above, you have the right to cancel the purchase. • If the terms are changed by the dealer you have the right to cancel the purchase. • If the purchase is canceled for the above stated reasons, your vehicle trade in and/or your deposit must be returned to you. • No charge or penalty can be assessed to you for canceling the purchase. • You must return the vehicle to the dealer within 48 hours after you cancel the purchase, or it may be recovered by the dealer without judicial process. • You are responsible for any damages that may occur while the vehicle is in your possession. • Proof of insurance is required. D. Unless the consumer is approved for financing and both parties have executed a contract for sale, then the dealer shall not: • Deposit or cash any down payment • Sell any motor vehicle trade in. E. Any fraud or misrepresentation in a motor vehicle sale is punishable under Arkansas Motor Vehicle Commission Law. You may contact the Arkansas Motor Vehicle Commission at: Arkansas Motor Vehicle Commission 101 East Capitol, Suite 212 Little Rock, AR 72201 Phone: (501) 682-1428 Fax: (501) 682-5573 Website: www.amvc.arkansas.gov or E-mail amvc@arkansas.gov I hereby certify that I received a copy of this disclosure. _____________________________________________________________ Buyer’s Signature I hereby certify that I have given the buyer a copy of this disclosure. _____________________________________________________________ Dealer or Agent Signature 2. The language which appears in paragraphs A, B, C, D and E of the required disclosures above must appear in 12 point bold face type or a size. 3. A copy of all disclosures must be given to the purchaser when the agreement is completed. Any comments, questions, or concerns regarding these Rules as well as any suggestions for enhancing the Commission’s Rules are welcomed and appreciated. Please write the Commission Office at the following address: ARKANSAS MOTOR VEHICLE COMMISSION 900 W. Capitol Ave., Suite 400 Little Rock, AR 72201 Phone: (501) 682-1428 | Email: amvc@arkansas.gov | Website: amvc.arkansas.gov 52 | 2024 Membership Directory and Buyer’s Guide
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