8-2408. Dealer requirements; reports; records, availability for inspection; disposition of business; exceptions. Except as hereinafter provided, every person licensed as a dealer under provisions of this act shall:
(a) On or before the 20th day of each month, file a monthly report, on a form prescribed and furnished by the division of vehicles, listing all sales or transfers, except sales or transfers by a first or second stage manufacturer to a vehicle dealer of new or used vehicles, including the name and address of the purchaser or transferee, date of sale, the serial or identification number of the vehicle, and such other information as the division may require.
(b) Salvage vehicle dealers, vehicle crusher, vehicle recycler, rebuilder, scrap metal recycler and salvage vehicle pool shall, in addition to their monthly sales report for used vehicles, if applicable, on or before the 20th day of each month file a monthly report on a form prescribed and furnished by the division, listing all vehicles for which the major component part containing the vehicle identification number or engine number if manufactured prior to 1981, has been disposed of or sold. The certificate of title or transfer certificate for all vehicles listed must accompany the monthly report.
(c) Make available during regular business hours to any employee of the division or any member of law enforcement for the purpose of investigation or inspection, all records concerning vehicles purchased, sold or exchanged during the preceding 12 months, including certificates of title on all vehicles owned by the dealership, except those titles surrendered pursuant to subsection (b).
(d) Whenever a dealer sells or otherwise disposes of such dealer's business, or for any reason suspends or goes out of business as a dealer, such dealer shall notify the division and return the dealer's license and dealer plates, and the division upon receipt of such notice and plates shall cancel the dealer's license, except that such dealer may, upon payment of 50% of the annual fee to the division, have the license and dealer plates assigned to the purchaser of the business.
(e) In addition to the requirements of subsection (a), any dealer paying a commission or fee to a broker shall report to the division, on the monthly sales report, the name of the broker and the broker's license number.
(f) Dealers, licensed as brokers must in addition to the requirements of subsection (a) include on the monthly sales reports, the name of the seller, the transferor or dealer that owns the vehicle and whether the seller or the purchaser paid the broker's fee or commission.
(g) Lending agencies licensed under this act, which sell two or less repossessed vehicles a month, shall not be required to file the monthly reports under subsection (a), except that such lending agencies shall report annually, on a form prescribed and furnished by the division, the total number of sales or transfers of such vehicles.
History: L. 1980, ch. 36, § 8; L. 1981, ch. 48, § 7; L. 1988, ch. 53, § 1; L. 1991, ch. 33, § 24; L. 1994, ch. 302, § 5; L. 2009, ch. 63, § 5; July 1.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
Article 24 - Licensure Of Vehicle Sales And Manufacture
8-2402 Declaration of public policy.
8-2403 Vehicle dealers required to have licenses; exceptions; supervision by director of vehicles.
8-2405 Insurance required of dealers; limitations on cancellation.
8-2406 Dealer plates; fee; symbols on plates; use of plates.
8-2409 Temporary vehicle registration permits; cost; display; operation under laden conditions.
8-2411 Violations; hearing; penalties; appeals.
8-2413 Injunctions; jurisdiction of courts; mediation.
8-2417 Jurisdiction over licensees; service of process in secretary of state; limitation of rights.
8-2420 Act supplemental to vehicle registration laws.
8-2426 Same; unlawful acts; penalties.
8-2428 Dealer review board; duties.
8-2429 Interstate dealer licensing compact.
8-2431 Same; exemption for manufacturers with dispute resolution procedures.
8-2432 Same; act part of vehicle dealers and manufacturers licensing act.
8-2433 Temporary permit for vehicle salesperson.
8-2434 Selling motor vehicles without a license; penalty.
8-2436 Salvage vehicle pools; requirements.
8-2438 Ownership and operation of new vehicle dealership by certain entities prohibited; exceptions.
8-2439 Delivery of motor vehicles to persons in state; who authorized to deliver.
8-2440 Transactions executed outside state; when lemon law applicable.
8-2441 Aiding or abetting violations of act prohibited.
8-2443 Act supplemental to vehicle dealers and manufacturers licensing act.
8-2444 Temporary trade show license; requirements; fees.
8-2445 Franchise agreements; prohibiting manufacturers from engaging in certain activities.