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Copyright © 2019 by AICE, LLC www.TheAICE.com 1 MOTOR VEHICLE SALES FINANCE Who Must Be Licensed? WAIT! Before you assume something that could get you into trouble, please keep reading. You may be required to be licensed as a Motor Vehicle Retail Installment Seller and not realize it! First, let’s cover the obvious. This license is required by dealers who sell automobiles, trucks, trailers, RVs, motorcycles, mobile homes, and boats that are trailered and has the buyer sign a retail installment contract at the point of sale. The Motor Vehicle Retail Installment Seller license covers essentially everything that needs a tag. Second, if you sign and then immediately “reassign” a retail installment sales contract to a sales finance company, you must also be licensed. Keep in mind: although you may not be providing a loan to your customer, you initiated the loan process by entering into a motor vehicle retail installment sales agreement with the customer before reassigning the loan to a finance company. That requires you to be licensed as a motor vehicle retail installment seller. And third, if you accept one or more deferred payments from your customer you must be licensed. This is where some dealers get confused and think they are not required to be licensed. Here is a common myth: some dealers believe that if they don’t charge interest (such as 90 days same as cash or customer makes one payment for the balance in two weeks after delivery), they don’t need a license. This is incorrect. Once you have delivered the vehicle, if you are still owed any amount of money and you receive one or more payments (remember, this also applies if you don’t charge interest), you fall under the requirements of Chapter 520, Florida Statutes, requiring you to be licensed. Note: This does not apply when the customer owes you for tag and title fees. If you have nothing to do with financing your customer, you don’t run their credit report and you don’t make any lending decisions, and all you do is introduce your customer to a financial institution as a service and a courtesy, you may not be required to be licensed. However, there is often a very fine line so it is recommended that you consult with your attorney or inquire with the Office of Financial Regulation if you are not sure whether you need to be licensed. How Do I Get Licensed? Now that you are convinced that you must be licensed as a Motor Vehicle Retail Installment Seller (if that is the case), here is what you must do to apply. You must make application with the Office of Financial Regulation through its website. Do not attempt to download the application and mail it in; you will only have it returned to you and this will delay the process. Instead, you must apply online through the “Real System.” The Real System can be accessed at: http://www.flofr.com/Finance/MV-Businesses.htm . The first time you use the system you must create an online account and establish a password. Complete the requested information and

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Copyright © 2019 by AICE, LLC www.TheAICE.com

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MOTOR VEHICLE SALES FINANCE

Who Must Be Licensed?

WAIT! Before you assume something that could get you into trouble, please keep reading. You may be required to be licensed as a Motor Vehicle Retail Installment Seller and not realize it!

First, let’s cover the obvious. This license is required by dealers who sell automobiles, trucks, trailers, RVs, motorcycles, mobile homes, and boats that are trailered and has the buyer sign a retail installment contract at the point of sale. The Motor Vehicle Retail Installment Seller license covers essentially everything that needs a tag.

Second, if you sign and then immediately “reassign” a retail installment sales contract to a sales finance company, you must also be licensed. Keep in mind: although you may not be providing a loan to your customer, you initiated the loan process by entering into a motor vehicle retail installment sales agreement with the customer before reassigning the loan to a finance company. That requires you to be licensed as a motor vehicle retail installment seller.

And third, if you accept one or more deferred payments from your customer you must be licensed. This is where some dealers get confused and think they are not required to be licensed. Here is a common myth: some dealers believe that if they don’t charge interest (such as 90 days same as cash or customer makes one payment for the balance in two weeks after delivery), they don’t need a license. This is incorrect. Once you have delivered the vehicle, if you are still owed any amount of money and you receive one or more payments (remember, this also applies if you don’t charge interest), you fall under the requirements of Chapter 520, Florida Statutes, requiring you to be licensed. Note: This does not apply when the customer owes you for tag and title fees.

If you have nothing to do with financing your customer, you don’t run their credit report and you don’t make any lending decisions, and all you do is introduce your customer to a financial institution as a service and a courtesy, you may not be required to be licensed. However, there is often a very fine line so it is recommended that you consult with your attorney or inquire with the Office of Financial Regulation if you are not sure whether you need to be licensed.

How Do I Get Licensed?

Now that you are convinced that you must be licensed as a Motor Vehicle Retail Installment Seller (if that is the case), here is what you must do to apply. You must make application with the Office of Financial Regulation through its website. Do not attempt to download the application and mail it in; you will only have it returned to you and this will delay the process. Instead, you must apply online through the “Real System.” The Real System can be accessed at: http://www.flofr.com/Finance/MV-Businesses.htm. The first time you use the system you must create an online account and establish a password. Complete the requested information and

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follow the prompts. Once this step has been completed, you may apply for the Motor Vehicle Retail Installment Seller license.

To better prepare you for the questions that you will be asked and the information that you will need to provide, we have included a copy of the instructions and the application at the end of this section. But remember, the actual application must be completed online.

Branch Office Licenses

A branch office license is required for each additional location other than the main office location where Motor Vehicle Retail Installment Sales activity is being conducted. There is one exception to the branch office license requirement. Only one license is required per county in which the applicant conducts business.

What is the License Fee, Renewal Fee, & License Period?

The non-refundable fee for this initial license is $175.00. The non-refundable renewal fee is also $175.00. There are no other requirements (such as bond, insurance, school, or fingerprinting) to obtain this license. The license period starts on January 1 of every odd year and runs to December 31 of every even year. When you first obtain the license it will be for less than two years. When you renew the license it will be for the full two year license period (if renewed timely). A license not renewed by the renewal deadline of December 31 will be changed to an inactive status. Inactive licenses are assessed an additional late renewal fee of $175 for a total of $350 to reactivate the license. The reactivation period is from January 1 to June 30 of the year following the renewal deadline. During such time that a license is inactive the licensee cannot conduct business as a Motor Vehicle Retail Installment Seller.

NOTE: You must not enter into any retail installment sales agreements until your license has been issued. Doing so can subject you to an administrative fine of up to $1,000 per deal!

Common Errors When Applying For the License

The first and most common error when applying for a license under Chapter 520 is to apply for the wrong license. If you are selling something that needs a tag you need the Motor Vehicle Retail Installment Seller license. The Retail Installment Seller license is required when retail goods are being financed that do not require a tag. Such items include, but are not limited to; warranties financed separately, repair work, and boats or other vessels sold and financed without a trailer.

When completing the application form lookout for the following most common deficiencies:

1. If the applicant is a legally formed entity, provide the full legal name of the entity onQuestion 2A as filed with the Secretary of State. Do not enter an individual name unlessthe entity applying for the license is a sole proprietorship.

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2. Any D/B/A name listed on the application must be registered with the Secretary of Stateas being owned by the applicant (Question 2A).

3. Upload a copy of the articles of incorporation with the application (this speeds up thereview).

4. Make sure the date of incorporation listed on Question 4B matches the Secretary of Staterecords.

5. Registered Agent name on Question 4C cannot be the applicant name. If the applicant isa legally formed entity then the applicant cannot be its own registered agent. Enter anindividual person (which can

6. When completing Question 4E be sure to select “individual” to list the individual ownersand officers. If the applicant is owned by a parent company, then the applicant must alsodisclose the parent company as a “business”. If any individual or entity within a parentorganization ultimately owns a 10% or greater interest, identify the person or entity. Seeexample below of how to list parent organizations. In all cases the applicant should haveat least one individual listed as an officer.

be someone listed on Question 4E) or list a separate entitythat acts as the registered agent for the applicant. However, if the applicant is a soleproprietorship then the applicant can also act as the registered agent.

7. Question 4E is the most common deficiency on the application. Applicants shouldcarefully read the instructions to ensure that the answer to this question is complete andaccurate. See example below of how to complete this question.

8. When answering all disclosure questions be accurate and provide complete responses onthe Disclosure Reporting Page(s). Comments in Question 11 of the Disclosure ReportingPage should be detailed and precise.

9. In the case of multiple civil litigations required to be disclosed on Question 4C1, theapplicant can complete one Disclosure Reporting Page and attach a list containing eachevent with the same information required on the Disclosure Reporting Page.

10. When responding to the Biographical Summary question that asks if the control person ispresently an officer, director, member, shareholder of 10% or more of any business, besure to include the control person’s position with the applicant.

Name Title or Position (Officer, Director, Shareholder, etc.) % of Ownership

Date Title or Position Acquired

SRQ Holdings Inc Parent Company 50 01/01/2007 John Smith President, 100% owner of SRQ Holdings Inc 01/01/2007 ZYW Investments LLC

Managing Member, Parent Company 40 01/01/2009

VUT Holdings Inc Parent Company, 100% owner of ZYW Investments LLC 0 01/01/2009 Robert Smith Vice President, 90% owner of VUT Holdings Inc 0 01/01/2009 Julia Smith Secretary, 10% owner of VUY Holdings Inc 0 01/01/2009 Catherine Smith CFO 10 01/01/2007 Frank Smith Treasurer, Director 0 01/01/2009

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RETAIL INSTALLMENT SALES CONTRACTS

A Retail Installments Sales Contract (also known as a RISC) is governed by both federal and state law. Federal requirements are covered under the Truth in Lending Act, which is enforced by the Federal Trade Commission. Florida requirements regarding the RISC are covered in Section 520.07, Florida Statutes.

There are two things you will want to keep in mind with regard to the RISC:

1. Be certain that you use a RISC that meets all federal and state requirements. There areseveral large reputable companies that have been providing RISCs to this industry for anumber of years. Also, some dealer management software companies provide their ownversion of the RISC that prints on plain paper, eliminating the need to purchase the RISCform.

2. Ensure that you (the seller) and the buyer sign the RISC only after all essential provisionsof the contract have been completed. In other words, the contract must not have anyblank spaces.

Other statutory requirements regarding the RISC are listed below:

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 520 RETAIL

INSTALLMENT SALES

520.07 Requirements and prohibitions as to retail installment contracts.--

(1)(a) A retail installment contract shall be in writing, shall be signed by both the buyer and the seller, and shall be completed as to all essential provisions prior to the signing of the contract by the buyer.

(b) The printed portion of the contract, other than instructions for completion, shall be in at least 6-point type. The contract shall contain:

1. A specific statement that liability insurance coverage for bodily injury and propertydamage caused to others is not included, if that is the case; and

2. The following notice in substantially this form:

Notice to the Buyer

a. Do not sign this contract before you read it or if it contains any blank spaces.

b. You are entitled to an exact copy of the contract you sign. Keep it to protect your legalrights.

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(c) The seller shall deliver to the buyer, or mail to the buyer at his or her address shown on the contract, a copy of the contract signed by the seller. Before the transaction is consummated, a copy of the retail installment contract, or a separate statement by which the disclosures required by this section are made and on which the buyer and seller are identified, shall be delivered to the buyer. Until the seller has delivered or mailed to the buyer a copy of the retail installment contract, a buyer who has not received delivery of the motor vehicle shall have the right to rescind the agreement and to receive a refund of all payments made and return of all goods traded in to the seller on account of or in contemplation of the contract or, if such goods cannot be returned, the value thereof. Any acknowledgment by the buyer of delivery of a copy of the contract, if contained in the contract, shall appear directly above or adjacent to the buyer's signature.

(d) The contract shall contain the names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer, and a description of the motor vehicle including its make, year model, and model and identification number or marks.

(2) The contract shall contain the following:

(a) Amount financed.--The "amount financed," using that term, and a brief description such as "the amount of credit provided to you or on your behalf." The amount financed is calculated by:

1. Determining the cash price, and subtracting any down payment;

2. Adding any other amounts that are financed by the creditor and that are not part of thefinance charge, including any additional amount financed in a retail installment contract to discharge a security interest, lien, or lease interest on a motor vehicle traded in in connection with the contract; and

3. Subtracting any prepaid finance charge.

(b) Finance charge.--The "finance charge," using that term, and a brief description such as "the dollar amount the credit will cost you."

(c) Total of payments.--The "total of payments," using that term, and a descriptive explanation such as "the amount you will have paid when you have made all scheduled payments."

(d) Total sale price.--In a credit sale, the "total sale price," using that term, and a descriptive explanation, including the amount of any down payment, such as "the total price of your purchase on credit, including your down payment of $_____." The total sale price is the sum of the cash price, the items described in subparagraph (a)2., and the finance charge disclosed under paragraph (b).

(e) The number of scheduled payments, the amount of each payment, and the date of the

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first payment.

Except for the requirement in subsection (3) that a separate written itemization of the amount financed be provided, a contract which complies with the federal Truth in Lending Act, 15 U.S.C. ss. 1601 et seq., or any accompanying regulations shall be deemed to comply with the provisions of this subsection and subsection (3). However, in any proceeding to enforce the provisions of this section, the burden of alleging and proving compliance with the federal Truth in Lending Act shall be on the party claiming compliance.

(3) The seller shall provide a separate written itemization of the amount financed, which itemization shall disclose the following:

(a) The cash price;

(b) The amount of down payment;

(c) The difference between the amounts disclosed under paragraphs (a) and (b);

(d) The amounts, if any, included for insurance and other benefits, specifying the types of coverages and benefits; and

(e) Any taxes and official fees not included in the cash price.

The itemization required by this subsection may appear on a disclosure statement separate from all other material, or it may be placed on the same document with the contract or other information so long as it is clearly and conspicuously segregated from everything else on the document.

(4) The amount, if any, included for insurance which may be purchased by the holder of the retail installment contract may not exceed the applicable premiums chargeable in accordance with the rates filed with the Office of Insurance Regulation of the commission. If dual interest insurance on the motor vehicle is purchased by the holder, it shall, within 30 days after execution of the retail installment contract, send or cause to be sent to the buyer a policy or policies or certificate of insurance, written by an insurance company authorized to do business in this state, clearly setting forth the amount of the premium, the kind or kinds of insurance, the coverages, and all the terms, exceptions, limitations, restrictions, and conditions of the contract or contracts of insurance. Nothing in this act shall impair or abrogate the right of a buyer, as defined herein, to procure insurance from an agent and company of his or her own selection as provided by the insurance laws of this state; and nothing contained in this act shall modify, amend, alter, or repeal any of the insurance laws of the state, including any such laws enacted by the 1957 Legislature.

(5) If any insurance is canceled, or the premium adjusted, unearned insurance premium refunds received by the holder and any unearned finance charges thereon shall, at his or her option, be credited to the final maturing installments of the contract or paid to the buyer, except to the extent applied toward payment for similar insurance protecting the interests of

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the buyer and the holder, or either of them. The finance charge on the original transaction shall be separately computed:

(a) With the premium for the canceled or adjusted insurance included in the "amount financed"; and

(b) With the premium for the canceled insurance or the amount of the premium adjustment excluded from the "amount financed."

The difference in the finance charge resulting from these computations shall be the portion of the finance charge attributable to the canceled or adjusted insurance, and the unearned portion thereof shall be determined by the use of the rule of 78ths. "Cancellation of insurance" occurs at such time as the seller or holder receives from the insurance carrier the proper refund of unearned insurance premiums.

(6) The holder may, if the contract or refinancing agreement so provides, collect a delinquency and collection charge on each installment in default for a period not less than 10 days in an amount not in excess of 5 percent of each installment. In addition to such delinquency and collection charge, the contract may provide for the payment of reasonable attorney's fees when such contract is referred for collection to an attorney not a salaried employee of the holder of the contract, plus the court costs.

(7) No retail installment contract shall be signed by any party thereto when it contains blank spaces to be filled in after it has been signed, except that, if delivery of the motor vehicle is not made at the time of the execution of the contract, the identifying numbers or marks of the motor vehicle or similar information and the due date of the first installment may be inserted in the contract after its execution. The buyer's written acknowledgment, conforming to the requirements of paragraph (1)(c), of delivery of a copy of a contract shall be presumptive proof of such delivery, that the contract when signed did not contain any blank spaces except as herein provided, and of compliance with this section in any action or proceeding by or against the holder of the contract.

(8)(a) Upon written request from the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under such contract. A buyer shall be given a written receipt for any payment when made in cash.

(b) When a motor vehicle retail installment contract is paid in full, the holder shall ensure that the contract or title reflects that the lien has been satisfied or released and shall ensure that evidence of satisfaction is provided to the borrower or payor.

(9) The office may order a seller to refund any amounts assessed and charged on a retail installment contract which exceed the maximum charges provided by this act or by rules of the commission.

(10) A retail installment contract may provide that if a buyer rejects or revokes acceptance

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of the motor vehicle and asserts a security interest in the motor vehicle based on the ground of rightful rejection or justifiable revocation, the buyer must take one of the following actions:

(a) Post a bond in the amount of the disputed balance; or

(b) Deposit all accrued, and thereafter accruing, installment payments into the registry of a court of competent jurisdiction.

The cost of a bond posted under this subsection is awardable to the buyer in the proceedings. When the provisions of chapter 681 apply, this subsection shall not apply.

(11) In conjunction with entering into any new retail installment contract or contract for a loan, a motor vehicle retail installment seller as defined in s. 520.02, a sales finance company as defined in s. 520.02, or a retail lessor as defined in s. 521.003, and any assignee of such an entity, may offer, for a fee or otherwise, optional guaranteed asset protection products in accordance with this chapter. The motor vehicle retail installment seller, sales finance company, retail lessor, or assignee may not require the purchase of a guaranteed asset protection product as a condition for making the loan. In order to offer any guaranteed asset protection product, a motor vehicle retail installment seller, sales finance company, or retail lessor, and any assignee of such an entity, shall comply with the following:

(a) The cost of any guaranteed asset protection product, with respect to any loan covered by the guaranteed asset protection product, shall not exceed the amount of the indebtedness.

(b) Any contract or agreement pertaining to a guaranteed asset protection product shall be governed by this section.

(c) A guaranteed asset protection product is considered an obligation of any person that purchases or otherwise acquires the loan contract covering such product.

(d) An entity providing guaranteed asset protection products shall provide readily understandable disclosures that explain in detail eligibility requirements, conditions, refunds, and exclusions. The disclosures must provide that the purchase of the product is optional. The disclosures must be in plain language and of a typeface and size that are easy to read.

(e) An entity must provide a copy of the executed guaranteed asset protection product contract to the buyer. The entity bears the burden of proving the contract was provided to the buyer.

(f) An entity may not offer a contract for a guaranteed asset protection product that contains terms giving the entity the right to unilaterally modify the contract unless:

1. The modification is favorable to the buyer and is made without additional charge to the

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buyer; or

2. The buyer is notified of any proposed change and is provided a reasonable opportunity tocancel the contract without penalty before the change goes in effect.

(g) If a contract for a guaranteed asset protection product is terminated, the entity shall refund to the buyer any unearned fees paid for the contract unless the contract provides otherwise. A refund is not due to a consumer who receives a benefit under such product. In order to receive a refund, the buyer must notify the entity of the event terminating the contract and request a refund within 90 days after the occurrence of the event terminating the contract. An entity may offer a buyer a contract that does not provide for a refund only if the entity also offers that buyer a bona fide option to purchase a comparable contract that provides for a refund.

History.--s. 6, ch. 57-799; s. 6, ch. 59-456; ss. 13, 35, ch. 69-106; s. 2, ch. 69-370; s. 3, ch. 76-168; s. 1, ch. 77-245; s. 1, ch. 77-457; s. 218, ch. 79-400; ss. 5, 21, ch. 80-256; s. 2, ch. 81-318; s. 2, ch. 83-123; s. 95, ch. 85-81; s. 1, ch. 85-207; ss. 4, 35, 36, ch. 90-103; s. 4, ch. 91-429; s. 2, ch. 95-234; s. 687, ch. 97-103; s. 8, ch. 99-164; s. 2, ch. 2000-127; s. 621, ch. 2003-261; s. 2, ch. 2008-75.

How Much Interest May I Charge?

We certainly hope that you will decide to conduct your finance business with the assistance of Dealer Management Software (DMS). DMS allows motor vehicle dealers to track inventory, print all forms required in a deal (including the RISC), calculate annual percentage rates (APRs) and determine the amount of each payment, calculate sales tax, and perform a number of other functions. Attempting to make these calculations manually are both time-consuming and risky.

The first challenge is determining the annual percentage rate. The State of Florida regulates what is known as “add-on interest rates.” But federal law (which supersedes state law) requires that all finance contracts disclose the interest as APR. So in order to comply with the law, you must convert the State of Florida add-on interest rate to an APR. The maximum add-on interest rate is determined by statute and is based on the model year of the vehicle. Then the term of the loan is factored in to calculate the APR.

The Florida add-on interest rates are covered in Section 520.08, Florida Statutes:

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 520 RETAIL INSTALLMENT SALES

520.08 Finance charge limitation.-- (1) Notwithstanding the provisions of any other law, the finance charge, exclusive of insurance, shall not exceed the following rates: (a) Class 1. Any new motor vehicle designated by the manufacturer by a year model not earlier than the year in which the sale is made--$10 per $100 per year.

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(b) Class 2. Any new motor vehicle not in Class 1 and any used motor vehicle designated by the manufacturer by a year model of the same or not more than 2 years prior to the year in which the sale is made--$11 per $100 per year. (c) Class 3. Any used motor vehicle not in Class 2 and designated by the manufacturer by a year model not more than 4 years prior to the year in which the sale is made--$15 per $100 per year. (d) Class 4. Any used motor vehicle not in Class 2 or Class 3 and designated by the manufacturer by a year model more than 4 years prior to the year in which the sale is made--$17 per $100 per year. (2) Such finance charge shall be computed on the amount financed as determined under s. 520.07(2) on contracts payable in successive monthly payments substantially equal inamount. Such finance charge may be computed on the basis of a full month for any fractional-month period in excess of 10 days. A minimum finance charge of $25 may be charged on any retail installment transaction. (3) When a retail installment contract provides for unequal or irregular installment payments, the finance charge may be at a rate which will provide the same yield as is permitted on monthly payment contracts under subsections (1) and (2) having due regard for the schedule of payment. (4) Any holder may purchase or acquire or agree to purchase or acquire from any seller any contract on such terms and conditions as may be agreed upon between them. Filing of the assignment, notice to the buyer of the assignment, and any requirement that the holder maintain dominion over the payments or the motor vehicle if repossessed shall not be necessary to the validity of a written assignment of a contract as against creditors, subsequent purchasers, pledgees, mortgagees, and lien claimants of the seller. Unless the buyer has notice of the assignment of her or his contract, payment thereunder made by the buyer to the last known holder of such contract shall be binding upon all subsequent holders. (5) The provisions of subsection (1) shall not apply to any retail installment contract for the purchase of a mobile home, titled as a motor vehicle, when such contract is entered into pursuant to a commitment to guarantee issued by the United States Department of Veterans Affairs or pursuant to a commitment to insure issued by the Federal Housing Administration. (6) As amended by chapter 79-592, Laws of Florida, chapter 79-274, Laws of Florida, which amended paragraph (1)(a): (a) Shall apply only to loans, advances of credit, or lines of credit made on or subsequent to July 1, 1979, and to loans, advances of credit, or lines of credit made prior to that date if the lender has the legal right to require full payment or to adjust or modify the interest rate, by renewal, assumption, reaffirmation, contract, or otherwise; and (b) Shall not be construed as diminishing the force and effect of any laws applying to loans, advances of credit, or lines of credit, other than to those mentioned in paragraph (a) of this subsection, completed prior to July 1, 1979. History.--s. 7, ch. 57-799; s. 7, ch. 59-456; s. 3, ch. 69-370; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 1, ch. 78-312; ss. 5, 15, ch. 79-274; s. 1, ch. 79-592; s. 21, ch. 80-256; s. 2, ch. 81-318; ss.5, 35, 36, ch. 90-103; s. 4, ch. 91-429; s. 29, ch. 93-268; s. 688, ch. 97-103.

Please keep in mind that the add-on rates covered in paragraph 1 (a-d) are maximum rates you may charge based on the year of the vehicle. You may also charge less than that but any

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overcharge could result in an administrative fine and a mandatory refund to the customer. Such practices could also result in the revocation of this license.

What Requirements Must I Meet?

There are many legal requirements that you must meet when financing motor vehicle sales. There are also some common mistakes that are made by motor vehicle dealers. We asked the Office of Financial Regulation to provide us with some common errors and violations made by dealers with regard to financing contracts. This is what they provided:

Promissory Notes- Side notes entered between the Motor Vehicle RetailInstallment Seller and the consumer to collect down payments must be disclosedto the lender as they impact the lender’s decision to fund the transaction.

In the Motor Vehicle Retail Installment Sales Transaction, licensees misrepresent the down payment funds received on the Motor Vehicle Retail Installment Sales Contract. Specifically, licensee enters into a "Promissory Note" or an "Addendum" with the buyer for the down payment funds not received at the time of execution of the Motor Vehicle Retail Installment Sales Contract without forwarding or advising the assignee or future holder of the Motor Vehicle Retail Installment.

Sales Contract of the "Promissory Note" or "Addendum"

Finding 520.02 (5)(7)(18)

520.12 (2)

520.995 (1)(b)(3)(d)

Late Fees- Late fees must be provided for in the retail installment contractThe maximum late fee allowed is 5% of the payment being made. The paymentmust be more than 10 days late before the fee can be assessed

Motor Vehicle Retail Installment Sellers commonly charge a flat rate fee for late charges to consumers that often exceed the maximum rate allowed. Additionally Motor Vehicle Retail Installment Sellers commonly post late excessive late fees in their place of businesses to “scare” consumers.

Finding 520.995 (1)(c)(d)

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*Finding will depend on whether charges were actually made to the borrower orwhether there was fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to a retail buyer or owner.

Unlicensed Activity- Motor Vehicle Retail Installment Sellers are required to belicensed to engage in the business of motor vehicle installment sales or operatea branch. Multiple locations are allowed to operate within the same county.Licenses are required even if interest is not charged. This Office activelysearches for an attempts to identify motor vehicle retail installment sellers thatare unlicensed, improperly licensed, or do not have an active license.Examinations of unlicensed MV’s are generated from complaints or fromevidence of Sales Finance Companies purchasing contracts from unlicensedMotor Vehicle Retail Installment Sellers.

Finding 520.03 (1)

520.12 (1)

520.995 (1)(a)

Unsupported Official Fees- A Motor Vehicle Retail Installment Seller ispermitted to charge fees such as sales tax, tag and title charges, lien fees anddocumentary stamps. Such charges are permitted when they are actually paid,used, or disbursed for the purposes stated. The most common of theunsupported charges are for tag and title charges to the consumer. Motor VehicleRetail Installment Sellers should either refund or credit the borrowers accountwhere the official fee charge exceeds the official fee paid. If a refund check hasbeen issued to the borrower for the overcharge, a copy should be placed in thefile.

Finding 520.02 (12)

520.07 (3)(e)

520.995 (1)(a)

69v-50.001(2)(a)

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