20-285. Regulation of motor vehicle distribution in public interest. The General Assembly finds and declares that the distribution of motor vehicles in the State of North Carolina vitally affects the general economy of the State and the public interest and public welfare, and in the exercise of its police power, it is necessary to regulate […]
20-286. Definitions. The following definitions apply in this Article: (1), (2) Repealed by Session Laws 1973, c. 1330, s. 39. (2a) Dealership facilities. – The real estate, buildings, fixtures and improvements devoted to the conduct of business under a franchise. (2b) Designated family member. – The spouse, child, grandchild, parent, brother, or sister of a […]
20-287. Licenses required; penalties. (a) License Required. – It shall be unlawful for any new motor vehicle dealer, used motor vehicle dealer, motor vehicle sales representative, manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler to engage in business in this State without first obtaining a license as provided in this Article. […]
20-288. Application for license; license requirements; expiration of license; bond. (a) A new motor vehicle dealer, motor vehicle sales representative, manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler may obtain a license by filing an application with the Division. An application must be on a form provided by the Division and […]
20-289. License fees. (a) The license fee for each fiscal year, or part thereof, shall be as follows: (1) For motor vehicle dealers, distributors, distributor branches, and wholesalers, ninety-seven dollars ($97.00) for each place of business. (2) For manufacturers, two hundred ten dollars and twenty-five cents ($210.25) and for each factory branch in this State, […]
20-290. Licenses to specify places of business; display of license and list of salesmen; advertising. (a) The license of a motor vehicle dealer shall list each of the dealer’s established salesrooms in this State. A license of a manufacturer, factory branch, distributor, distributor branch, or wholesaler shall list each of the license holder’s places of […]
20-291. Representatives to carry license and display it on request; license to name employer. Every person to whom a sales representative, factory representative, or distributor representative license is issued shall carry the license when engaged in business, and shall display it upon request. The license shall state the name of the representative’s employer. If the […]
20-292. Dealers may display motor vehicles for sale at retail only at established salesrooms. (a) A new or used motor vehicle dealer may display a motor vehicle for sale at retail only at the dealer’s established salesroom, unless the display is of a motor vehicle that meets any of the following descriptions: (1) Contains the […]
20-292.1. Supplemental temporary license for sale of antique and specialty vehicles. Any dealer licensed as a motor vehicle dealer under this Article may apply to the Commissioner and receive, at no additional charge, a supplemental temporary license authorizing the off-premises sales of antique motor vehicles and specialty motor vehicles for a period not to exceed […]
20-294. Grounds for denying, suspending, placing on probation, or revoking licenses. In accordance with G.S. 20-295 and G.S. 20-296, the Division may deny, suspend, place on probation, or revoke a license issued under this Article for any one or more of the following grounds: (1) Making a material misstatement in an application for a license. […]
20-295. Action on application; grace period while application for license renewal is pending. (a) Division Action. – The Division shall either grant or deny an application for a license or license renewal within 30 days after receiving it. Any applicant denied a license shall, upon filing a written request within 30 days, be given a […]
20-296. Notice and hearing upon denial, suspension, revocation, placing on probation, or refusal to renew license. No license shall be suspended, revoked, denied, placed on probation, or renewal thereof refused, until a written notice of the complaint made has been furnished to the licensee against whom the same is directed, and a hearing thereon has […]
20-297. Retention and inspection of certain records. (a) Vehicles. – A dealer must keep a record of all vehicles received by the dealer and all vehicles sold by the dealer. The records must contain the information that the Division requires and be made available for inspection by the Division within a reasonable period of time […]
20-297.1. Franchise-related form agreements. (a) All franchise-related form agreements, as defined in this subsection, offered to a motor vehicle dealer in this State shall provide that all terms and conditions in the agreement inconsistent with any of the laws or rules of this State are of no force and effect. For purposes of this section, […]
20-298. Insurance. It shall be unlawful for any dealer or salesman or any employee of any dealer, to coerce or offer anything of value to any purchaser of a motor vehicle to provide any type of insurance coverage on said motor vehicle. No dealer, salesman or representative of either shall accept any policy as collateral […]
20-298.1. Provision of certain products and services to those covered under the Military Lending Act. A motor vehicle dealer that does not market or extend to a covered borrower a loan or credit transaction covered by Section 987 of Title 10 of the United States Code, or any subsequent amendments thereto, and Part 232 (commencing […]
20-299. Acts of officers, directors, partners, salesmen and other representatives. (a) The Division may deny, suspend, place on probation, or revoke a license issued to a corporation, limited liability company, limited liability partnership, or any other business entity that is a licensee under this Article if more than fifty percent (50%) of the business entity […]
20-300. Appeals from actions of Commissioner. Appeals from actions of the Commissioner shall be governed by the provisions of Chapter 150B of the General Statutes. (1955, c. 1243, s. 16; 1973, c. 1331, s. 3; 1987, c. 827, s. 1.)
20-301. Powers of Commissioner. (a) The Commissioner shall promote the interests of the retail buyer of motor vehicles. (b) The Commissioner shall have power to prevent unfair methods of competition and unfair or deceptive acts or practices and other violations of this Article. Any franchised new motor vehicle dealer who believes that a manufacturer, factory […]
20-301.1. Notice of additional charges against dealer’s account; informal appeals procedure. (a) Notwithstanding the terms of any contract, franchise, novation, or agreement, it shall be unlawful for any manufacturer, factory branch, distributor, or distributor branch to charge or assess one of its franchised motor vehicle dealers located in this State, or to charge or debit […]
