2/29/08

How do you get an automobile dealer's license?

Dealer's Licenses
This is going to depend on your state, and maybe your county and/or city.

To find information for your local area, try searching Google for "[your state] automobile dealer's license" or "[your state] vehicle dealer license."

For example, to become a licensed car dealer the State of California Department of Motor Vehicles requires a dealer applicant to take a six hour preparation class to become a licensed car dealer. There are 2 main types of dealers, retail or wholesale. Retail Dealers have more restrictions as liability which required more dealer insurance as well as a larger dealer bond, but retail dealer are the only dealers allowed to sell to the public. Wholesale dealers may only sell to other dealers.

The applicant must take the class and pass a 40 question test, then submit an application and a bond, then submit photos and pass an on-site inspection. Upon review the DMV inspector will review the dealer's application and then approve the tempory license. Often the largest struggle for those attempting to start a retail dealership is the zoning for the city or county to allow a dealership at the choosen location. Make sure that the location you choose is zoned properly and/or will be an acceptable location for a retail dealership. Rarely do wholesale dealerships struggle getting proper zoning permission from the government.

Once a would be dealer passes the test they must prepare for DMV approval from the inspector. To prepare the following tasks must be done. The applicant must produce 11 photos 1)building 2)outside sign 3)display area 4)office 5)business license 6)resale permit 7)telephone 8)inside signs 9)locked cabinet 10)checkbook 11)dmv dealer book

Then the applicant must submit: zoning approval letter, OL902 certificate of class completion, TSM888 business license resale permit ficticious name statement telephone listing livescan fingerprint card personal history questionaire completed dmv dealer application bond in the name of the owner / dealership.

Temporary license can be granted within 30 days permanent license can be granted within 120 days.

How do you have your car voluntarily repossessed?

Answer :
Call your lender and tell them you want to give up the car and you want it picked up. It's that simple.

Answer :
I recently voluntarily repossessed a car that I had purchased for a guy that is now an "ex" who quit making payment. I simiply called the loan instituion and gave permisssion for them to repossed the vehicle. It was as easy as that. It had to go through an authorization process but was repossesed. I hope this was of some help.

Answer :
Call the lender and tell them due to certain circumstances, you can no longer afford the payments. Tell them you will take it back to the dealership and they can take it from there. If you don't want to bother taking it back to the dealer, tell the lender to send a tow for it.

Answer :
My mom voluntarily turned in her car and ten years later they came after her for the amount owed on the car.

Answer :
A repo is a repo is a repo.............I hate to tell you if they repo it and you owe 10 grand or you turn it...in guess what? you still owe 10 grand. There is very little diffence if any at all between a so called voluntary repo and a regular repo.Both still stay on your credit the same amount of time.


Answer :
exactly whether you turn it in your ownself or they come and pick it up it is all the same thing!!!! don't think you will get brownie points with your lending institution for calling them and telling them to come and get it!!! it's all treated the same way!!!

the only way to get out of owing for that car again in this lifetime is to file chapter 7 period!!!! that will get you out of owing the money for what they don't get at auction.. and they won't get the money you owe at auction and you need to know that!!!! they will get pennies on the dollar!!! and you will end up owing for the rest of that loan...

best thing to do is to call your bank and tell them you need to work this out and pay for the car some kind of way.. if you simply can not do that then you can't!!!! but know that the only thing you are doing by calling them and voluntarily giving the car up is saving a repo man some headache... that's it!!! and also know that if you do not want this to appear on your credit for an eternity you will have to file chapter 7.. I think most people are under the false impression that bad credit only stays on there for 7 years and that isn't true 7 years from the last reporting date and that is way longer then what most people think...they can report it forever so eventually it will be a mess that you will have to mop up!!! they could attach wages, taxes liens on real property and a whole mulitude of things so know that when a car gets repoed you will have to eventually contact an attoney and file

Answer :
It is not true that you will automatically have to file Chapter 7 bankruptcy once your car is repossessed and once it is sold at auction with you owing money. You can simply pay back the balance after sale. You can make arrangements at that time. I know...I have helped people make such arrangements.

Answer :
It is not 7 years from the last reporting date....It is 7 years from the point that the account is FIRST reported delinquent.

Answer :
Payment plans are not feasible for the clients I work with who do voluntary repos. If could afford these plans they would have kept up with their regular payments. My clients have all been harrassed by collections agencies and some have been taken to court. And yes, the repo does stay on your credit report for seven years, which also the minimum time a judgment will remain as well. But in some cases, the voluntary repo is the best or only choice.

When can your car get repossessed and what are your rights?

Vehicle repossession and your rights
Anytime you borrow money to buy a car, you should know that:

The lender can repossess if you miss a payment or for any default (a violation of the contract).

The lender can repossess without advance notice.

After car repossession, the lender might be able to accelerate, meaning the lender can require the borrower to pay off the entire balance of the loan in order for the borrower to get the vehicle back.

The lender can sell the repossessed vehicle at auction.

The lender might be able to sue the borrower for the deficiency if it sells the car for less than the borrower owes. This is true even in voluntary car repossessions.

The lender cannot commit a "breach of the peace," for example, breaking into a home or physically threatening someone, in the course of a car repossession.
The bottom line is if you want to know your rights, they are listed on your security agreement. This document you had to sign when you got a car loan. This is the document that the lien holder gives to the DMV to place a lien on your car. It will go over what the lien holders rights are in the event of default, and what your rights are. So find the documents you signed when you got the loan, or ask the lien holder for a copy and read it, it is the most important document you sign when you get a car loan.

If you know you're going to be late with a payment, talk to the lender to try to work things out. If the lender agrees to a delay or to modify the contract, be sure you get the agreement in writing.

Some states have laws that give consumers additional rights. Contact your state or local consumer protection office for more information.

Points made by other contributors:

READ THE CONTRACT. Lenders go to a lot of trouble to make sure their contracts and other paperwork are LEGAL so you can't get out of a loan because the paperwork wasn't right. They may not tell you all your rights, but they will tell you ALL of theirs.

Decide what you can afford to pay and have a bit of room to live. Then make them the offer. Think about it BEFORE you talk to them and make up your mind that you are willing to pay that much each (week, month, year). When you talk to the creditor don't cave in to the pressure they put on you to pay up. They can ultimately garnish your wages but why should they if you will pay them the money without it. By the way, they can't put you in jail.

Call the lender and make them an offer to settle now. They would rather have money now than have to go through the collections, judgement, garnishment etc. routine. All you can waste is time and a phone call. They probably have an 888# so you won't even be out a phone call.

The worst part I see is the ability to give you and the IRS a form 1099 for whatever they DONT collect from you. It basically says the lender forgave you X number of dollars, so that forgiven money is treated as INCOME to YOU. Example; you owe $10K on a car, it disappears, lender can't collect. Two years (or whenever) the lender sends you a 1099. You have moved six times since the last address the lender had for you so it gets returned. You never receive it. BUT the IRS gets their copy and bills you for $10K in unreported income and penalties. You were expecting a huge refund that year and the IRS gets it. NOT fun.

Answer:
I lost a large repo account for accidently calling a debtor's father at 200am one time. Law says you can approach at any reasonable time usually aften 1000pm I quit. UNLESS, there are lights on, folks moving around, they are out in yard ect. Knocking the door after being told "debtor doesnt live here" is NOT kewl. telling anyone but the debtor about their personal info is NOT KEWL. Ok, now where did he get your car from? Surely NOT your parents home? Or did they tell him where you were?

Answer:
Unfortunately, People get behind and cars get repo'ed. I myself repo vehicles. I know you probably all hate me for that but I have also had a vehicle repo'ed in the past. We all have times in life when things just suck but If I may give you'll some advice. 1) Don't ever perchase a vehicle for a family member, they really don't care about your credit, they didn't care about their own or they would have probably got the loan themselves. 2)If a repo person calls you to find out where you are, they will probably have your vehicle with 24 hours. So, if they say call your lender to try and stop it, I would call. There's always hope to call if off. The banks loose money when a car is repo'ed. 3)Even if you think you have tried everything, call a local bank or your bank and try to get it refianced with someone eles. There's always someone out there willing to lend money. Gook luck to all of you, hope I don't have to repo your car.

Answer:
I just read the following answer by anonymous to the question concerning your rights in a repossession:

"I am a repo man, and ironicly this happend on a case last week. The debtor (you in this case) filed for bankruptcy at 8:00am. I repoed his car at 7:30pm that night. After a few days on the phone with his laywer, and bank, the car was returned at the descretion of the bank. So, if you file before your car is repo'd, you can keep the car for that period of time. Your report will show what the bank wants to say, call them about it. Once your car is repo'd that's it, bankruptcy cannot help."

Anonymous is mistaken -

Even after a car has been repossessed, if the person whose car was repossessed then files bankruptcy after the car has been repossessed, and if they file for bankruptcy after the car was repossessed but BEFORE the car is then resold to another person, it is possible to compel the creditor to return the car to the debtor.

The reason for this is that the debtor can file a motion asking the car to be returned to the debtor because by repossessing the car right before the bankruptcy, the repossessing creditor is placing itself in a better position than other creditors (it is called a "preference"), and the court on that basis can order the car to be returned.

Answer:
Breach of the Peace: Taking the vehicle from driveways, open carports, and parking lots at work is generally allowed. But the repossession company may not:

enter a closed or locked garage, or otherwise break and enter any property
enter into your house, unless invited
damage the vehicle during the repossession
threaten or commit violence, or touch anyone
threaten you with arrest
force you to pull over to the side of the road
have sheriffs or police present unless the creditor has already sued you

Answer:
True to all of the above and including:

If you tell them to get off your property, they MUST do so.

Cannot block or disable the vehicle.

Cannot misrepresent themselves. Giving another name or state another occupation is illegal.

If you decide to surrender the vehicle, you are allowed to obtain all personal items from the vehicle and to remove the tags. The tags are registered to the owner, and the owner is responsible for them. Also, remove the registration and insurance cards.

If the repo man fails to abide to any of the above,(including the above post) call the police and have them aressted. The rights are with the property owner, and any violation including "Breach of Peace" will NOT be tolerated by any law enforcement officer!

Answer:
Read the terms of your loan thoroughly before you sign. It's a lot of boring fine print, but it's important. I was surprised to find my contract included my permission to let the bank onto my property to take my car should I default! So I had basically signed away my right to refuse to let the repo man into my closed garage!

Answer:
I was a police officer in Milwaukee for a number of years. I retired in 1984. So, my answer may be dated. When people called us to say that their garage was broken open and their vehicle was stolen, we told them that it was a civil matter and to talk to the district attorney if they wanted. We always received a phone call after the repo men had left, so we knew what happened to their vehicle and why. When we informed them that their vehicle was repo'd by the loan company, they usually just hung up. I was never called to settle a dispute if the repo people were confronted because that never happened in my 25 years. The repo people are good at their job and we never had a confrontation.

Answer:
Please check out these Ohio Statutes:

Regarding Ohio not having a breach of the peace law, your repo man is mistaken.

Please see below-these are Ohio Laws verbatim-

Section B-2 - Would indicate that there is codified in Ohio a breach of the peace statute.

� 1309.609. (UCC 9-609) Secured party's right to take possession after default. (A) After default, a secured party: (1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 1309.610 of the Revised Code.

(B) A secured party may act under division (A) of this section: (1) Pursuant to judicial process; or (2) Without judicial process if it acts without breach of the peace.

FROM http://www.megalaw.com/oh/ohcode.php

Also whoever said that the repo man -) Cannot block or disable the vehicle.( Is not fully informed re Ohio law pursuant to 1309.609 (A)(2) which states that the repo man can bust up your stuff. (render equipment unusable in legal terms)

Answer:
I am the sales manager & collections dept. of a small dealership in Seattle. We finance many of the cars we sell ouself (inhouse). I have done many repo's myself when they are easy(like when the car is near the dealership and we have extra keys and can just drive the car away). The people who live farther away or when the car is blocked in we use a repo company. In Washington we legally can repo a car at 1 second past midnight if a payment was due that day. We can open a gate to remove a car as long as the gate isn't locked. We cant move another car to get to the repo car. We cant open a garage and take the car, that would be breaking and entering. If the people protest we cant take the car(thats why its often done at night,so you don't see the people.

People may remove all personal belongings from a car after its been repoed, as long as they don't devalue the car. They cant take back fancy wheels they might have put on, remove the stereo or speakers, seats, etc. If they have a speaker box and amp, they may remove that.

Most repoed cars are sent to wholesale auction(dealer only) where they sell for about 30-40% of what you paid for it 1-2 years ago. If the car is resold for more than you owe(in Washington anyway), they must pay you back the difference. If you owe alot the car will be cleaned up before it goes to auction so they can get back more of what is owed, but if you do not owe very much they leave the car dirty and full of grabage to insure a low selling price so they do not have to refund you any money.

Many times these laws are taken loosely or bent to get the car back, I would guess, always having followed the law to the letter ourself. You must remember there are some people who have had 5 or more cars repossessed and know the laws and try to use it to keep their car. They do not intend to pay for a car when they buy it, they then try to hide the car, trade cars with a friend, block it in their driveway, etc. Usually we can spot these people before we let them buy a car, their only concern is the down payment, they dont care at all about the monthly payments or interest.

Many small dealerships do reposes their cars once a payment is only several days late. We generally don't sent a car in for repossession until they have not paid in 2 months and they will not return our calls or letters. If they have called to let us know they were having problems or sent in at least part of a payment we may wait a while longer but once a 3rd payment is missed the car is sent in to be picked up for sure. It is expensive, we usually spend over $300 to get a car picked up from a repo company. We would much rather keep the car sold to the person who bought it, but there comes a time when we realise we may not ever get any more money from the person and we either send them to collections, repo the car, or write it off as a loss. Typcally a repoed car is very dirty, broken headlight, taillight or other dammage not there we we sold it, not taken care of, full of garbage and has hardly enough gas to make it to a gas station.

Is there a way to trade in your car if you are upside-down on the car loan?

Answer:
you can but i would not. stick it out or sell it to someone but it looks like you are stuck because you r upsisde down

The business is in crisis right now, so you will be attacked and treated like the enemy more than ever before. You have to know the real WHOLESALE value of your vehicle with all the features, mileage and damage. Don't be unrealistic but don't be bullied either.

Then get on the Internet and find out what the car you wish to buy actually cost the dealer after they get manufacturers incentives etc. A good resource for this number is a local credit union or your insurance agent (if they have car loan resources). There are also many independant resources.

If your credit bears it, you can go to the dealership and lay out the deal. Don't allow the sales person to bully you with the "Four-square" plan. That is a lie. Every dime you put as a down payment is pure profit to them regardless of the deal. Regardless of the car or what you owe on your vehicle, there are two things to keep in mind. 1. You should pay no more than a total of $500.00 profit to the dealership. That is a fair ammount. 2. At the end of the deal, now you must decline ANY form of extended warranty. And you must also negotiate interest on the loan. The best way to do this is to get a letter of committment from your bank in your pocket with a good interest rate. then when you go to the dealership you can negotiate honestly and in confidence. They will make every effort to better the deal. Don't buy extra anything from them or they will bury you in extra charges.

I hope this helps.

Answer 2:
Try looking for dealers that offer cash-back incentives and rebates. You can ask them to apply all those amounts combined to what they will allow you for your car. If they want to make a sell, they'll work the numbers for you!

Answer 3:
I recently had to deal with this situation and YES, it is possible. You have to really work the dealers though...it is a long stressful process of negotiations but the fact remains, they want to make a sale!! There are ways around it by shopping at several dealers and let the dealers know that you are looking at other dealers. This will get them in the competition mode of wanting to beat their competetors. Look for rebates and special deals. A strong way to accompish what you want is to look for a new model that is a year old. You will get a new car with the new smell but with a larger rebate and lower price. Do your research and have an idea of what is a reasonable monthly payment that you can handle and then research the vehicle you want to get an idea of what extras you can afford and want included. One tip is to make a spreadsheet showing the price of any entertainment packages, equipment packages, DVD players, radio's, etc... that are available as options and determine how much each option will increase the price. This will help you know what you want and how much it should cost you.

How should you 'break-in' a new car?

Breaking-In a New Car
Most manufacturers have recommendations in the handbooks.

Basically you start off treating the engine very gently i.e. gentle revs and never more than 1/4 throttle. Over time you gradually use more revs and more throttle until you eventually end up using the full range of the engine. It is important to eventually end up using all the power and rev range to wear harden various parts. It is also important that you do not keep to a single continuous speed or gear but vary your speed quite a bit during this time (a long highway journey is NOT a good break in if you just sit in top gear at a continuous speed). This is because things are still hardening up and you can wear a groove into them.

Modern engines break in relatively quickly, often 1000km, older designs took longer as the tolerances were not as precise. The first oil change is often a lot sooner than later ones as during break in rough edges from manufacturing will be worn off and end up in the oil.

Here is more advice from various contributors:

Drive it gently. General rule is not to exceed 3000 - 3500 rpm. for the first 500 miles. It is also a good idea to be kind to it for the first 2000 miles.

"Breaking in" your cars engine is an old myth, it is also bull. Rule #1 if you want your engine to last a long time, treat it gentle all the time, not just for the first 1000km.

Break in is important. All engine bearings and cylinders, etc. must wear evenly and proper. Also, piston rings need to seat. Have you ever seen a new engine burn oil until it breaks in? Some piston ring take up to 5000 miles to fully seat or wear evenly to cylinder bore. Not following proper break in procedures could result in premature engine/parts failure.

This depends whether you purchase or lease a car. With a purchase you should break a car in for the reasons and using the methods described before, ignoring the one comment about it being bull. If the vehicle is a lease you may skip the break-in period if you so wish. Since not breaking-in a car may result in improper wear of parts, or even engine failure, during the warranty period it will be covered, and a leased car will be returned to the dealer before the warranty period expires.

You shouldn't just break-in your car if you are buying it. Even if you are leasing it you should. Do the next guy a favor. A very inconsiderate answer man. Besides some people lease it and then decide they like it and want to buy it, so I say, you should break it in anyway. No matter what.

If you research on how to break-in a new engine on the web, most sites will tell you a procedure to break-in the piston rings (the only thing that matters).

The proper way to break in an engine is to drive at 30 mph and accelerate to 50 mph. Do this to break in the engine the proper way. Do this the first 3000 miles or so.

Manufactures are making engines with much higher tolerances today. Where cylinder clearances used to be in the thousands of an inch, now its in the ten thousands. Bores are rounder and straighter. There is know reason to baby a newer engine, it will actually hurt. You need cylinder pressure to drive the rings out onto the bore, which actually shaves the bore into a perfect fit. By babying it the rings will only rub and burnish the surface leaving a less then Ideal finish. So ... keep the revs below 4000 the first 300 miles, then drive it ... accelerate with meaning for the next 2500 miles and your all set. This is how all High Performance engines are broken in, and all engines today can be considered a high performance engine since they pull more power out then there predecessors ever did.

Most modern car engines are broken in at the factory, before assembly. Therefore the old tradition of breaking in a new car doesn't apply anymore. Just drive as you normally would drive and treat the car the way you would treat anything else of value.