Title 28 — Transportation

In this chapter, unless the context otherwise requires: 1. "Area of responsibility" means the area surrounding an individual dealer that the factory designates as that dealer's individual primary geographic territory for the purpose of marketing, promoting, selling and leasing ne…

A. The following fees are required: 1. For filing each application for a dealer's, manufacturer's, importer's, distributor's, factory branch's, distributor branch's, automotive recycler's or wholesale motor vehicle dealer's license, fifteen dollars. 2. For filing each application…

The director shall supervise and regulate all persons required by this chapter to be licensed. In the supervision and regulation required by this section, the director may: 1. Investigate as the director deems necessary and for that purpose the director may require the aid and as…

Monies collected by the director for the following shall be deposited in the state highway fund established by section 28-6991: 1. Civil penalties and vehicle registration reinstatements pursuant to this chapter. 2. Each filing or continuation of a dealer's, manufacturer's, distr…

A. A court of this state may exercise jurisdiction over a manufacturer, corporation, importer or distributor that has been granted a license under this chapter with respect to any conduct of the manufacturer, corporation, importer or distributor in this state. In addition to any …

A dealer who suffers a pecuniary loss or who is otherwise adversely affected because of a violation of this chapter by a manufacturer or distributor has a cause of action against the manufacturer or distributor for damages and may recover those damages in any court of competent j…

A. A manufacturer, distributor, factory branch, distributor branch, motor vehicle dealer or automotive recycler shall not engage in business except in accordance with the requirements of law. B. This chapter does not apply to: 1. A public officer engaged in the discharge of the o…

A. The director shall grant an exemption from the new or used house trailer dealer licensing requirements of this chapter if the person claiming the exemption furnishes satisfactory proof to the director of licensure as a dealer under title 41, chapter 37, article 4. B. The cash …

A. A new motor vehicle shall not be sold in this state unless either the manufacturer on direct dealerships of domestic vehicles, the importer of foreign manufactured vehicles on direct dealerships or the distributor on indirect dealerships of either domestic or foreign vehicles …

A. Except as provided in sections 28-4335, 28-4401 and 28-4402, a person shall not engage in any business regulated by this chapter except from an established place of business and unless the person has obtained from the director a license authorizing the person to engage in the …

A. A wholesale motor vehicle dealer or a broker: 1. Is required to be licensed pursuant to this chapter and pay fees pursuant to section 28-4302. 2. Is required to be a legal resident of this state. 3. Is not required to operate from an established place of business. 4. Shall mai…

A. A branch licensee shall obtain a separate branch license for each place of business at which a licensee transacts business other than the original or principal place of business. B. A motor vehicle dealer licensee shall obtain a separate permit for and display the separate per…

A. A person shall apply for a license to the director in writing on forms prescribed by the director. The person shall include with the application all documents and bonds required and the annual license fees prescribed by section 28-4302. B. The application shall be verified and…

Applications shall be accompanied by: 1. The filing fees prescribed in section 28-4302, and each licensee shall pay the annual license fee prescribed in section 28-4302. 2. A bond that: (a) Is in a form to be approved by the director. (b) Is in an amount prescribed by the directo…

A. At the time a franchisee applies for a license, the franchisee shall file with the director a certified copy of the franchisee's written agreement with the manufacturer and a certificate of appointment as dealer or distributor. B. The certificate of appointment shall be signed…

A. On the filing of the application for a license, the director shall: 1. Investigate the matters set forth in the license application. 2. Inspect, physically or through an alternate method established by the director, the place from which the applicant proposes to transact busin…

A. Within twenty days after completion of the criminal records check, the director shall approve or deny the application for the issuance of a license. If the application is denied, the director shall advise the applicant in writing of the denial and the grounds for the denial. B…

A. Within thirty days after receipt of the notice of denial, the applicant may petition the director in writing for a hearing on the application. On filing the petition, the director shall fix a date for the hearing. B. The applicant has the right to be present at the hearing, to…

A. A licensed motor vehicle dealer may conduct an off-premises exhibition, an off-premises display and sales or a special event by permit. B. An Arizona franchised new car dealer association may conduct a motor vehicle show by permit. C. An exhibitor that does not have a licensed…

A. A motor vehicle dealer who is licensed to sell only recreational vehicles as defined in section 28-3102 and who is the only franchisee for that line-make in the county in which the motor vehicle dealer is licensed may exhibit and sell those recreational vehicles at a fair or s…

A. A licensee shall keep and maintain at the licensee's established place of business, or place of business if the licensee is a broker or a wholesale motor vehicle dealer, a permanent record in the form prescribed by the director. The permanent record may be in an electronic for…

A. Each licensee shall keep and maintain at the licensee's place of business, or at each of the licensee's places of business if the licensee has more than one, a permanent record in a form prescribed by the director as follows: 1. Recording and describing each of the following: …

A. A license issued under this chapter: 1. Shall be conspicuously displayed in either: (a) The established place of business for which it was obtained. (b) The place of business if the licensee is a broker or a wholesale vehicle dealer. 2. Is not transferable or subject to sale o…

A. Each motor vehicle dealer and automotive recycler shall erect and maintain at the entrance to the motor vehicle dealer's or automotive recycler's established place of business a permanent sign indicating that the business of a motor vehicle dealer or automotive recycler is con…

Each person issued a license pursuant to this chapter shall: 1. Include business hours on each renewal application. 2. Provide written notice of any change in business hours to the director at least ten days before the change to the hours.

Before a licensee moves from one established place of business to another, or from one place of business to another if the licensee is a broker or a wholesale motor vehicle dealer, the licensee shall apply to and obtain consent to the removal from the director.

A. Except as provided in section 28-4410: 1. Each dealer in motor vehicles, trailers and semitrailers, including manufacturers who sell to other than dealers, having possession of or offering for sale a motor vehicle, trailer or semitrailer shall have at the same time either: (a)…

A. A dealer in motor vehicles, trailers and semitrailers may possess and offer for sale a motor vehicle, trailer or semitrailer without having a duly or regularly assigned certificate of title or title transfer form in the dealer's possession if the dealer possesses all of the fo…

A. A public consignment auction dealer is exempt from the following: 1. An implied warranty of merchantability described in section 28-4412, subsection B and section 44-1267. 2. An emissions inspection pursuant to section 49-542, subsection D. B. A public consignment auction deal…

A. Except as provided in subsection B: 1. A manufacturer shall disclose in writing to a new motor vehicle dealer damage to a new motor vehicle delivered to the dealer if the damage is known to the manufacturer and repaired, the damage occurred after the manufacturing process is c…

A. Before the consummation of the sale of a used motor vehicle, a motor vehicle dealer shall: 1. Provide each purchaser with a written statement that: (a) Indicates whether or not an express warranty or guaranty is associated with the used motor vehicle. (b) Is distinguished from…

A. A manufacturer, factory branch, distributor or distributor branch or a subsidiary of a manufacturer, factory branch, distributor or distributor branch shall not directly or indirectly own, operate or control, except on an emergency or interim basis, a new motor vehicle warrant…

A. A new motor vehicle dealer shall make available to the public information on alternative fuel vehicles and incentives in this state for purchasing or leasing alternative fuel vehicles. B. For the purposes of this section, "alternative fuel" has the same meaning prescribed in s…

A. A broker shall not advertise or offer for sale or exchange any specific motor vehicle. B. A motor vehicle dealer shall not advertise or offer for sale or exchange any specific motor vehicle unless one of the following applies: 1. The motor vehicle is for sale and located at th…

A broker shall only accept a purchase deposit that is made payable to a motor vehicle dealer. A broker shall not accept a purchase deposit relating to the sale of a motor vehicle unless the motor vehicle is available to the broker at the broker's licensed place of business or is …

A motor vehicle dealer shall disclose in a clear and conspicuous manner on any contract for the sale of a motor vehicle to a retail consumer each of the following: 1. Whether or not the transaction is subject to a fee received by a broker from the selling motor vehicle dealer. 2.…

A. A manufacturer or distributor shall not dishonor a warranty, rebate or other incentive offered to the public or a motor vehicle dealer in connection with the sale of a new motor vehicle to a retail consumer based solely on the fact that a broker arranged or negotiated the sale…

If providing a service of arranging or assisting in effecting the purchase of a motor vehicle by a retail consumer, a broker or motor vehicle dealer licensed pursuant to this chapter: 1. Shall: (a) Execute a written brokering agreement and provide a completed copy to both of the …

A brokering agreement shall contain the following terms, conditions, requirements and disclosures: 1. The name, address, license number and telephone number of the broker. 2. A complete description, including line-make, model, year and color of the motor vehicle and the desired o…

A. For purposes of issuing a certificate of title, registration, warranties, rebates and incentives in a brokered sale of a new motor vehicle to a retail consumer, the selling new motor vehicle dealer and not the broker is responsible for: 1. Applying for a certificate of title i…

A motor vehicle dealer may resell a new motor vehicle if all of the following apply: 1. A certificate of title is not transferred from the person who first acquired the new motor vehicle from the manufacturer or importer or agent of the manufacturer or importer. 2. The new motor …

Each wholesale motor vehicle auction dealer shall: 1. Conspicuously post at the wholesale motor vehicle auction dealer's established place of business a sign that contains the following statement: Arizona Revised Statutes section 28-4334 prohibits a person who purchases a vehicle…

1. Be completed and submitted to the department within fifteen business days after the date the parties agreed to cancel or rescind the sale. 2. Include a copy of an agreement executed by the motor vehicle dealer, the purchaser and, if the purchase was financed, the lender financ…

A. Each manufacturer shall file with the director a copy of the delivery and preparation obligations required to be performed by a new motor vehicle dealer before delivery of new motor vehicles to buyers. These delivery and preparation obligations constitute the new motor vehicle…

A. Notwithstanding the terms, provisions or conditions of an agreement or franchise, a franchisor shall not cancel, terminate or refuse to renew a franchise unless the franchisor has good cause for termination or nonrenewal. B. A franchisor shall not enter into a franchise for th…

A. If a franchisor seeks to enter into a franchise establishing an additional new motor vehicle dealership of the same line-make, the franchisor shall, and the franchisee may at any time, file with the director a notice of intention to enter into a franchise for additional repres…

A. A person who receives or is entitled to receive a copy of a notice provided for in section 28-4453 may object to the approval of a notice by filing a written objection with the director within fifteen days from the date the notice was received by the person. B. If there is an …

A. If the director intends to determine that the objector has established both of the reasons prescribed by section 28-4454, subsection B, the director shall notify the franchisor and allow the franchisor to submit evidence in rebuttal before the director makes a final determinat…

A. If a timely objection has been filed and, if the objection is to the establishment of a new motor vehicle dealership, the objection meets both of the reasons prescribed by section 28-4454, subsection B, the director shall: 1. Enter an order fixing the time and place of a heari…

A. Notwithstanding the terms, provisions or conditions of an agreement or franchise, the following are not good cause for the termination, cancellation or nonrenewal of a franchise: 1. The change of ownership of the franchisee's dealership. This paragraph does not authorize a cha…