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§ 23-112-301. License required

(a) Notwithstanding any other statute, the following acts are declared to be unlawful: (1) The violation of any of the provisions of this chapter; and (2) For any person to engage in business as, serve in the capacity of, or act as a new motor vehicle dealer, motor vehicle salesperson, motor vehicle lessor, manufacturer, importer, […]

§ 23-112-302. Application for license

(a) Applications for licenses required to be obtained under the provisions of this chapter shall: (1) Be verified by the oath or affirmation of the applicants; (2) Be on forms prescribed by the Arkansas Motor Vehicle Commission and furnished to the applicants; and (3) Contain such information as the commission deems necessary to enable it […]

§ 23-112-303. Application fees

(a) All applications for licenses shall be accompanied by the appropriate fees in accordance with the schedule set out in this subchapter. (b) In the event any application is denied and the license applied for is not issued, the entire license fee shall be returned to the applicant. (c) The schedule of license fees to […]

§ 23-112-304. Issuance of license — Change of location — Change of business or corporate name, structure, or DBA name — Dealers, manufacturers, distributors, etc

(a) The license issued to each motor vehicle dealer, manufacturer, distributor, factory branch or division, or distributor branch or division shall specify the location of the factory, office, branch, or division thereof. (b) In case the location is changed, the Arkansas Motor Vehicle Commission shall endorse the change of location on the license without charge […]

§ 23-112-306. Display of license — Change of employer — Salesperson

(a) Every motor vehicle salesperson shall have his or her license upon his or her person or displayed at his or her place of employment, except as provided in this section, when engaged in his or her business and shall display the license upon request. The name and address of the applicant shall be stated […]

§ 23-112-307. Expiration of license

Unless the Arkansas Motor Vehicle Commission by rule provides to the contrary, all licenses issued to: (1) Manufacturers, distributors, factory or distributor branches, importers, second-stage manufacturers, converters, and their representatives expire June 30 following the date of issue; and (2) Motor vehicle dealers, motor vehicle salespersons, and motor vehicle lessors expire December 31 following the […]

§ 23-112-308. Denial, revocation, and suspension

(a) Notwithstanding any other statute, the Arkansas Motor Vehicle Commission may deny an application for a license or revoke or suspend a license after it has been granted for any of the following reasons: (1) (A) For selling or soliciting sales of a motor vehicle without a license issued by the commission. (B) The unlawful […]

§ 23-112-309. Monetary penalty in lieu of suspension or revocation of license

(a) (1) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person holding a license under this chapter is guilty of any violation of this chapter or rules promulgated under this chapter, it shall have the power and authority to impose a monetary penalty upon the licensee in […]

§ 23-112-310. Delivery, preparation, and warranty obligations

(a) (1) Every licensed motor vehicle manufacturer, distributor, second-stage manufacturer, importer, or converter shall file with the Arkansas Motor Vehicle Commission with its initial application for a license: (A) A copy of the documents stating the delivery, preparation, and warranty obligations of its motor vehicle dealers; and (B) A schedule of the compensation to be […]

§ 23-112-311. Addition or relocation of new motor vehicle dealer

(a) (1) In all instances, when a manufacturer or distributor seeks to enter into a franchise establishing an additional new motor vehicle dealer or relocating an existing new motor vehicle dealer within or into a relevant market area where the same line make is then represented, the manufacturer or distributor shall in writing first notify […]

§ 23-112-312. License reciprocity with other states

(a) The Arkansas Motor Vehicle Commission may enter into reciprocal agreements with motor vehicle commissions or their equivalents in other states to allow motor vehicle dealers who are licensed in those states to obtain a temporary permit in this state, pursuant to the rules promulgated by the Arkansas Motor Vehicle Commission. (b) Any person who […]

§ 23-112-313. Warranty agreements — Definition

(a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall properly fulfill any warranty or recall agreement and adequately and fairly compensate each of its motor vehicle dealers for labor and parts. (b) The compensation shall not fail to include reasonable compensation for diagnostic work, repair […]

§ 23-112-314. Civil penalty — Definition

(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 […]

§ 23-112-316. Delivery prior to sale — Disclosures — Definitions

(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” […]

§ 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 […]

§ 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 […]

§ 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 […]