A. Every motor vehicle dealer shall complete, in duplicate, a buyer's order for each sale or exchange of a motor vehicle. A copy of the buyer's order form shall be made available to a prospective buyer during the negotiating phase of a sale and prior to any sales agreement. The completed original shall be retained for a period of five years in accordance with § 46.2-1529, and a duplicate copy shall be delivered to the purchaser at the time of sale or exchange. A buyer's order shall include:
1. The name and address of the person to whom the vehicle was sold or traded.
2. The date of the sale or trade.
3. The name and address of the motor vehicle dealer selling or trading the vehicle.
4. The make, model year, vehicle identification number and body style of the vehicle.
5. The sale price of the vehicle.
6. The amount of any cash deposit made by the buyer.
7. A description of any vehicle used as a trade-in and the amount credited the buyer for the trade-in. The description of the trade-in shall be the same as outlined in subdivision 4.
8. The amount of any sales and use tax, title fee, uninsured motor vehicle fee, registration fee, purchaser's online systems filing fee, or other fee required by law for which the buyer is responsible and the dealer has collected. Each tax and fee shall be individually listed and identified.
9. The net balance due at settlement.
10. Any item designated as "processing fee," and the amount charged by the dealer, if any, for processing the transaction. As used in this section, processing includes obtaining title and license plates for the purchaser, but does not include any "purchaser's online systems filing fee," as defined in § 46.2-1530.1, or any "dealer's manual transaction fee," as defined in § 46.2-1530.2.
11. Any item designated as "dealer's business license tax," and the amount charged by the dealer, if any.
12. If the dealer delivers to the customer a vehicle purchased by the customer on or after July 1, 2010, that is conditional on dealer-arranged financing, the following notice, printed in bold type no less than 10 point: "IF YOU ARE FINANCING THIS VEHICLE, PLEASE READ THIS NOTICE: YOU ARE PROPOSING TO ENTER INTO A RETAIL INSTALLMENT SALES CONTRACT WITH THE DEALER. PART OF YOUR CONTRACT INVOLVES FINANCING THE PURCHASE OF YOUR VEHICLE. IF YOU ARE FINANCING THIS VEHICLE AND THE DEALER INTENDS TO TRANSFER YOUR FINANCING TO A FINANCE PROVIDER SUCH AS A BANK, CREDIT UNION OR OTHER LENDER, YOUR VEHICLE PURCHASE DEPENDS ON THE FINANCE PROVIDER'S APPROVAL OF YOUR PROPOSED RETAIL INSTALLMENT SALES CONTRACT. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS APPROVED WITHOUT A CHANGE THAT INCREASES THE COST OR RISK TO YOU OR THE DEALER, YOUR PURCHASE CANNOT BE CANCELLED. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS NOT APPROVED, THE DEALER WILL NOTIFY YOU VERBALLY OR IN WRITING. YOU CAN THEN DECIDE TO PAY FOR THE VEHICLE IN SOME OTHER WAY OR YOU OR THE DEALER CAN CANCEL YOUR PURCHASE. IF THE SALE IS CANCELLED, YOU NEED TO RETURN THE VEHICLE TO THE DEALER WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR. ANY DOWN PAYMENT OR TRADE-IN YOU GAVE THE DEALER WILL BE RETURNED TO YOU. IF YOU DO NOT RETURN THE VEHICLE WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE OF CANCELLATION, THE DEALER MAY LOCATE THE VEHICLE AND TAKE IT BACK WITHOUT FURTHER NOTICE TO YOU AS LONG AS THE DEALER FOLLOWS THE LAW AND DOES NOT CAUSE A BREACH OF THE PEACE WHEN TAKING THE VEHICLE BACK. IF THE DEALER DOES NOT RETURN YOUR DOWN PAYMENT AND ANY TRADE-IN WHEN THE DEALER GETS THE VEHICLE BACK IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR, THE DEALER MAY BE LIABLE TO YOU UNDER THE VIRGINIA CONSUMER PROTECTION ACT."
13. For sales of used motor vehicles, the disclosure required by § 46.2-1529.1.
Except for trailers and travel trailers, if the transaction does not include a policy of motor vehicle liability insurance, the seller shall stamp or mark on the face of the bill of sale in boldface letters no smaller than 18-point type the following words: "No Liability Insurance Included."
A completed buyer's order when signed by both buyer and seller may constitute a bill of sale.
B. The Board shall approve a buyer's order form and each dealer shall file with each original license application its buyer's order form, on which the processing fee amount is stated.
C. If a processing fee is charged, that fact and the amount of the processing fee shall be disclosed by the dealer. Disclosure shall be by placing a clear and conspicuous sign in the public sales area of the dealership. The sign shall be no smaller than eight and one-half inches by 11 inches and the print shall be no smaller than one-half inch, and in a form as approved by the Board.
D. Except for trailers, if the buyer's order is for a new motor vehicle that had accumulated, at the time of the sale, mileage in excess of 750 miles as a demonstrator or as a result of delivery to a prospective purchaser who never took title to the new motor vehicle and returned it, the vehicle may be sold as new, provided the dealer delivers this disclosure in writing on the buyer's order containing type of no smaller than 10 point or in a separate document containing only the disclosure in type of no smaller than 14 point: "Notice: This new motor vehicle has accumulated mileage in excess of 750 miles as the result of use as a demonstrator and/or as the result of delivery to a prior prospective purchaser who never took title to it and who returned it." When delivered as a separate document, this disclosure shall also contain the actual odometer reading for the vehicle and shall be signed by the purchaser.
E. The provisions of this section shall not apply to the sale or exchange of (i) a tractor truck, (ii) a truck having a gross vehicle weight rating of 16,000 pounds or more, or (iii) a semitrailer.
1988, c. 865, § 46.1-547.5; 1989, c. 727; 1990, c. 900; 1993, c. 586; 1995, cc. 767, 816, 849; 2000, c. 116; 2003, c. 997; 2009, c. 783; 2010, cc. 292, 359, 459; 2011, c. 791; 2015, cc. 615, 682.
Structure Code of Virginia
Chapter 15 - Motor Vehicle Dealers
§ 46.2-1501. General powers of Commissioner
§ 46.2-1503. Motor Vehicle Dealer Board
§ 46.2-1503.1. Board to employ Executive Director
§ 46.2-1503.2. State Personnel and Public Procurement Acts not applicable
§ 46.2-1503.3. Motor Vehicle Dealer Board Fund; receipts; disbursements
§ 46.2-1503.4. General powers and duties of Board
§ 46.2-1503.5. Biennial report
§ 46.2-1504. Board's powers with respect to hearings under this chapter
§ 46.2-1505. Suit to enjoin violations
§ 46.2-1506.1. Additional training
§ 46.2-1508. Licenses required; penalty
§ 46.2-1508.1. Licensure of certain nonprofit organizations
§ 46.2-1508.2. Display, parking, selling, advertising sale of certain used motor vehicles prohibited
§ 46.2-1509. Application for license or certificate of dealer registration
§ 46.2-1510. Dealers required to have established place of business
§ 46.2-1511. Dealer-operator to have certificate of qualification
§ 46.2-1512. Salesperson to have certificate of qualification
§ 46.2-1513. Continued operation on loss of a dealer-operator holding certificate of qualification
§ 46.2-1515. Location to be specified; display of license; change of location
§ 46.2-1516. Supplemental sales locations
§ 46.2-1517. Changes in form of ownership, make, name
§ 46.2-1518. Display of salesperson's license; notice on termination
§ 46.2-1519. License and registration fees; additional to other licenses and fees required by law
§ 46.2-1520. Collection of license and registration fees; payments from fund
§ 46.2-1521. Issuance, expiration, and renewal of licenses and certificates of registration
§ 46.2-1527.1. Motor Vehicle Transaction Recovery Fund established
§ 46.2-1527.2. Bonding requirements for applicants for an original license
§ 46.2-1527.3. Recovery from Fund, generally
§ 46.2-1527.4. Opportunity to intervene
§ 46.2-1527.5. Limitations on recovery from Fund
§ 46.2-1527.6. Assignment of claimant's rights to the Board; payment of claims
§ 46.2-1527.7. Revocation of license or certificate of registration on payment from the Fund
§ 46.2-1527.8. No waiver by the Board of disciplinary action against licensee or registrant
§ 46.2-1527.9. Continuous bonding requirements for Fund nonparticipants
§ 46.2-1527.10. Recovery on bond
§ 46.2-1527.11. No waiver by the Board of disciplinary action against licensee or registrant
§ 46.2-1528. Examination or audit of licensee; costs
§ 46.2-1529.1. Sales of used motor vehicles by dealers; disclosures; penalty
§ 46.2-1530.1. Purchaser's on-line systems filing fee; collection and remittance
§ 46.2-1530.2. Dealer's manual transaction fee; use in special fund
§ 46.2-1531. Consignment vehicles; contract
§ 46.2-1532. Odometer disclosure; penalty
§ 46.2-1532.1. Certain disclosures required by manufacturers and distributors
§ 46.2-1533.1. Test driving vehicle; residence districts
§ 46.2-1536. Coercing purchaser to provide insurance coverage on motor vehicle; penalty
§ 46.2-1537. Prohibited solicitation and compensation
§ 46.2-1538. Salesman selling for other than his employer prohibited
§ 46.2-1539. Inspection of vehicles required; penalty
§ 46.2-1539.1. Safety inspections or disclosure required before sale of certain trailers; penalty
§ 46.2-1540. Inspections prior to sale not required of certain sellers
§ 46.2-1542. Temporary registration
§ 46.2-1543. Use of old license plates and registration number on another vehicle
§ 46.2-1544. Certificate of title for dealers; penalty
§ 46.2-1545. Termination of business
§ 46.2-1545.1. Watercraft trailer dealers and watercraft trailers
§ 46.2-1545.2. Exclusion of transit buses, all-terrain vehicles, and off-road motorcycles
§ 46.2-1546. Registration of dealers; fees
§ 46.2-1548. Transferable license plates
§ 46.2-1549.1. Dealer's promotional license plates
§ 46.2-1549.2. Special license plate combination
§ 46.2-1550. Use of dealer's and manufacturer's license plates, generally
§ 46.2-1550.1. Use of dealer's license plates and temporary transport plates on certain vehicles
§ 46.2-1550.2. Issuance and use of temporary transport plates, generally
§ 46.2-1552. Use of dealer's license plates on newly purchased vehicles
§ 46.2-1553. Operation without license plate prohibited
§ 46.2-1554. Movement by manufacturer to place of shipment or delivery
§ 46.2-1555. Movement by dealers to salesrooms
§ 46.2-1556. Operation under foreign dealer's license
§ 46.2-1557. Use of certain foreign-registered motor vehicles in driver education programs
§ 46.2-1557.2. Penalties for violations of article; service of summons
§ 46.2-1557.3. Exclusion of transit buses, all-terrain vehicles, and off-road motorcycles
§ 46.2-1557.4. Watercraft trailer dealers and watercraft trailers
§ 46.2-1558. Issuance of temporary license plates to dealers and vehicle owners
§ 46.2-1559. Records to be kept by dealers; inspection
§ 46.2-1560. Application for temporary license plate
§ 46.2-1563. Suspension of right of dealer to issue
§ 46.2-1564. Plates to be destroyed on expiration
§ 46.2-1565. When plates to expire; refunds or credit
§ 46.2-1566. Filing of franchises
§ 46.2-1567. Exemption of franchises from Retail Franchising Act
§ 46.2-1568.1. Discrimination by manufacturers or distributors prohibited
§ 46.2-1569.1. Manufacturer or distributor right of first refusal
§ 46.2-1570. Discontinuation of distributors
§ 46.2-1571. Recall, warranty, maintenance and sales incentive obligations
§ 46.2-1572. Operation of dealership by manufacturer
§ 46.2-1572.1. Ownership of service facilities
§ 46.2-1572.2. Mediation of disputes
§ 46.2-1572.3. Waiver prohibited
§ 46.2-1572.4. Manufacturer or distributor use of performance standards
§ 46.2-1573. Hearings and other remedies; civil penalties
§ 46.2-1573.01. Recovery of attorney's fees
§ 46.2-1573.1. Late model and factory repurchase franchises
§ 46.2-1573.2. Filing of franchises
§ 46.2-1573.3. Exemption of franchises from Retail Franchising Act
§ 46.2-1573.6. Manufacturer or distributor right of first refusal
§ 46.2-1573.7. Discontinuation of distributors
§ 46.2-1573.8. Warranty obligations
§ 46.2-1573.9. Operation of dealership by manufacturer
§ 46.2-1573.10. Ownership of service facilities
§ 46.2-1573.11. Hearings and other remedies; civil penalties
§ 46.2-1573.12. Late model and factory repurchase franchises
§ 46.2-1573.13. Watercraft trailer dealers and watercraft trailers
§ 46.2-1573.14. Trailer dealers filing of franchises
§ 46.2-1573.15. Exemption of franchises from Retail Franchising Act
§ 46.2-1573.18. Manufacturer or distributor right of first refusal
§ 46.2-1573.19. Discontinuation of distributors
§ 46.2-1573.20. Warranty obligations
§ 46.2-1573.21. Operation of dealership by manufacturer
§ 46.2-1573.22. Ownership of service facilities
§ 46.2-1573.23. Hearings and other remedies; civil penalties
§ 46.2-1573.24. Late model and factory repurchase franchises
§ 46.2-1573.25. Motorcycle dealers filing of franchises
§ 46.2-1573.26. Exemption of franchises from Retail Franchising Act
§ 46.2-1573.29. When discontinuation, cancellation, or nonrenewal of franchise unfair
§ 46.2-1573.31. Manufacturer or distributor right of first refusal
§ 46.2-1573.32. Discontinuation of distributors
§ 46.2-1573.33. Warranty obligations
§ 46.2-1573.34. Operation of dealership by manufacturer
§ 46.2-1573.35. Ownership of service facilities
§ 46.2-1573.36. Hearings and other remedies; civil penalties
§ 46.2-1573.37. Late model and factory repurchase franchises
§ 46.2-1574. Acts of officers, directors, partners, and salespersons
§ 46.2-1577. Appeals from actions of the Board
§ 46.2-1578. Appeals to Court of Appeals; bond
§ 46.2-1579. Equitable remedies not impaired
§ 46.2-1581. Regulated advertising practices
§ 46.2-1582. Enforcement; regulations
§ 46.2-1584. Recertification Notice
§ 46.2-1585. Recertification schedule
§ 46.2-1586. Recertification requirements
§ 46.2-1587. Course provider approval