North Carolina General Statutes
Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law.
§ 20-287 - Licenses required; penalties.

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. If any motor vehicle dealer acts as a motor vehicle sales representative, the dealer shall obtain a motor vehicle sales representative's license in addition to a motor vehicle dealer's license. The sales representative license shall show the name of each dealer or wholesaler employing the sales representative. An individual who has submitted an application to the Division for a sales representative license pursuant to G.S. 20-288(a) may engage in activities as a sales representative while the application is pending under the following conditions: (i) the sales representative applicant is actively and directly supervised by a licensed motor vehicle dealer or a licensed sales representative designated by the dealer, (ii) the applicant certifies in the application that the applicant has not been previously denied a sales representative license for any dealer by the Division on nonprocedural grounds, and (iii) the applicant has not been previously convicted of a felony. Any license issued by the Division to a motor vehicle dealer, manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler under this Article may not be assigned, sold, or otherwise transferred to any other person or entity.
(b) Civil Penalty for Violations by Licensee. - In addition to any other punishment or remedy under the law for any violation of this section, the Division may levy and collect a civil penalty, in an amount not to exceed one thousand dollars ($1,000) for each violation, against any person who has obtained a license pursuant to this section, or is an applicant for a license under this section, if it finds that the person has violated any of the provisions of G.S. 20-285 through G.S. 20-303, Article 15 of this Chapter, or any statute or rule adopted by the Division relating to the sale of vehicles, vehicle titling, or vehicle registration. If the Division finds that a sales representative applicant has violated any of these provisions, the penalty shall be assessed against the applicant unless the Division finds that a dealership owner, manager, or officer had knowledge of the violation before the application was submitted to the Division.
(c) Civil Penalty for Violations by Person Without a License. - In addition to any other punishment or remedy under the law for any violation of this section, the Division may levy and collect a civil penalty, in an amount not to exceed five thousand dollars ($5,000) for each violation, against any person who is required to obtain a license under this section and has not obtained the license, if it finds that the person has violated any of the provisions of G.S. 20-285 through G.S. 20-303, Article 15 of this Chapter, or any statute or rule adopted by the Division relating to the sale of vehicles, vehicle titling, or vehicle registration. (1955, c. 1243, s. 3; 1991, c. 662, s. 2; 2001-345, s. 1; 2005-99, s. 1; 2019-181, s. 1; 2021-134, s. 1.1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 20 - Motor Vehicles

Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law.

§ 20-285 - Regulation of motor vehicle distribution in public interest.

§ 20-286 - Definitions.

§ 20-287 - Licenses required; penalties.

§ 20-288 - Application for license; license requirements; expiration of license; bond.

§ 20-289 - License fees.

§ 20-290 - Licenses to specify places of business; display of license and list of salesmen; advertising.

§ 20-291 - Representatives to carry license and display it on request; license to name employer.

§ 20-292 - Dealers may display motor vehicles for sale at retail only at established salesrooms.

§ 20-292.1 - Supplemental temporary license for sale of antique and specialty vehicles.

§ 20-294 - Grounds for denying, suspending, placing on probation, or revoking licenses.

§ 20-295 - Action on application; grace period while application for license renewal is pending.

§ 20-296 - Notice and hearing upon denial, suspension, revocation, placing on probation, or refusal to renew license.

§ 20-297 - Retention and inspection of certain records.

§ 20-297.1 - Franchise-related form agreements.

§ 20-298 - Insurance.

§ 20-298.1 - Provision of certain products and services to those covered under the Military Lending Act.

§ 20-299 - Acts of officers, directors, partners, salesmen and other representatives.

§ 20-300 - Appeals from actions of Commissioner.

§ 20-301 - Powers of Commissioner.

§ 20-301.1 - Notice of additional charges against dealer's account; informal appeals procedure.

§ 20-302 - Rules and regulations.

§ 20-303 - Installment sales to be evidenced by written instrument; statement to be delivered to buyer.

§ 20-304 - Coercion of retail dealer by manufacturer or distributor in connection with installment sales contract prohibited.

§ 20-305 - Coercing dealer to accept commodities not ordered; threatening to cancel franchise; preventing transfer of ownership; granting additional franchises; terminating franchises without good cause; preventing family succession.

§ 20-305.1 - Automobile dealer warranty and recall obligations.

§ 20-305.2 - Unfair methods of competition; protection of car-buying public.

§ 20-305.3 - Hearing notice.

§ 20-305.5 - Recreational vehicle manufacturer warranty recall obligations.

§ 20-305.6 - Unlawful for manufacturers to unfairly discriminate among dealers.

§ 20-305.7 - Protecting dealership data and consent to access dealership information.

§ 20-306 - Unlawful for salesman to sell except for his employer; multiple employment; persons who arrange transactions involving the sale of new motor vehicles.

§ 20-307 - Article applicable to existing and future franchises and contracts.

§ 20-307.1 - Jurisdiction.

§ 20-308 - Penalties.

§ 20-308.1 - Civil actions for violations.

§ 20-308.2 - Applicability of this Article.