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1




HOW TO GET A
DEALER’S
LICENSE AND
START A
PROFITABLE
USED CAR
BUSINESS
__________________________________________

__________________________________________
2




      HOW TO GET A
    DEALER’S LICENSE
AND OPERATE A PROFITABLE
  USED CAR BUSINESS




         COPYRIGHT 2010
           Don Massey




      Don Massey Consulting Inc
       8201 Lighthouse Lane
      Fort Collins, CO 80528
3




This publication is designed to provide accurate and authoritative information in
regard to the subject matter covered. It is sold with the understanding that the
publisher is not engaged in rendering legal, accounting, or other professional
service. If legal advice or other expert assistance is required, the services of a
competent professional person should be sought.

From a Declaration of Principles jointly adopted by a Committee
of the American Bar Association and a Committee of Publishers.

Reproduction or Translation of any part of this work beyond that permitted by
the Copyright Law without the permission of the owner is unlawful.
4




                                  INDEX

How to Get Your Dealer License                6

Starting A Used Car Business                  13

An Introduction to the Independent
Used Car Business                             16

How to Sell at the Best Price                 19

Federal Used Car Rule                         21

Good Record Keeping                           32

How to do Consignment Sales                   34

Dealer Only Auctions Explained                36

Titling Issues and Processes                  41

Effective Advertising                         43

Secrets of Selling Via the Internet           46

Selling “Certified Pre-owned Cars”            48

How to be an Effective Salesman               49

How to Provide Financing for Your Customers   53

Other Sources of Income for the               57
Used Car Dealer
5




How Much Money Will You Need to Start                     63

Business Planning – Where to Start                        66

Planning For Your Used Car Business                       70

The Legal Structure of Your Business                      74

Insurance Requirements                                    76

How to Name Your Business for Maximum Sales               77

The Secret of the Right Location                          79

Unraveling the Confusion of Local and State Regulations   80

How to Keep Proper Business Records                       81

Get a Handle on Your Business Finances/Taxes              83
Invaluable Resources

Invaluable Resources                                      86

Appendices
    I - National Arbitration Policy
        For Wholesale Dealer-Only Auctions                89

     II – State Dealer Licensing Websites
           And Telephone Numbers                          103
6




        HOW TO GET YOUR DEALER LICENSE

      First, I want to thank you for ordering this manual. You will find it a helpful
introduction in starting a used car business.

      My name is Don Massey and I’m a licensed wholesale dealer in Colorado. I
have been involved in buying and selling cars for years. Many people ask me are
you “the” Don Massey? Don Massey is a dealership that has many locations
around the country, primarily Cadillac. Sorry to say that’s not me!

       I find that there are two primary types of interest in my manual. First, a
need to know how to open a used car lot and second the interest in buying and
selling a few cars a year as a part time business. Others want to know how can I
go to a wholesale auction, buy a car and resell it for a profit. All usually require a
dealer’s license.

       The first thing that you must do is call the agency in your state that issues
auto dealer licenses. You will find the web sites and telephone numbers in
Appendix II. Either download the application from their website or ask them to
send you the licensing information for a used car dealer license. You may find the
license requirements on their websites. Ask them to send you a license application
package.

There is one exception to this. In Massachusetts car dealers are licensed by
individual cities, not the state. When I make references in this manual to state
licensing organizations, those of you in Massachusetts it is your city government
that is the licensing organization.

       Now let me get brutally honest. In most states it is very difficult to buy and
sell cars from your home. Here’s why.

       The licensing of car dealers is to protect the interests of the consumer. Even
with licensing there are buyers who are defrauded everyday by dealers! The
following is a listing for three months in Colorado. These fines and actions were
taken by the Colorado Motor Vehicle Board.
7




      Steven T. Stroud, dba Broadway Auto Sales-Denver - #36345 – defrauding
      any buyer/seller (6counts); fraudulent transaction; nondelivery of title (6 counts).
      $180,000, FULL RESTITUTION, LICENSE REVOKED.

      Thomas E. Fink, dba auto Finance Center LLC-Greeley - #4443 – defrauding
      any buyer/seller (9 counts); failure to honor check/draft to a dealer/wholesaler (2
      counts); fraudulent transaction (9 counts). $105,000 FINE, 30 DAY
      SUSPENSION, FULL RESTITUTION ($100,800, 11 DAYS SUSPENSION
      HELD IN ABEYANCE FOR 12 MONTHS PROBATION)

      Francisco Angel-Zaragoza, dba Pacho’s Auto Sales & Body Work –
      Henderson - #36308 – willfully violating any state or federal law respecting
      commerce or motor vehicles – To Wit: use of building/land in violation of zoning
      Regulation M; material misstatement in an application of license. $10,000 FINE,
      LICENSE REVOKED ($9,000 FINE AND REVOCATION OF LICENSE HELD IN
      ABEYANCE FOR CHANGE OF CLASS OF LICENSE FROM USED TO
      WHOLESALER, ATTEND LICENSING SEMINAR AND 1 YEAR PROBATION).

      Marie D. DeHerrera, dba Amigo’s Autos – Longmont - #37114 – failure to
      honor check/draft to a dealer or wholesaler (3 counts); fraudulent sale (3
      counts); failure to perform written agreement (3 counts); failure to deliver title
      within 30 days. $100,000 FINE, FULL RESTITUTION, LICENSE REVOKED.

      John Moxon, dba C.A.R.S. – Greenwood Village - #36578 – defrauding any
      buyer/seller (3 counts); failure to honor written agreement; fraudulent sale (3
      counts); failure to deliver title (2 counts). $90,000 FINE, FULL RESTITUTION,
      LICENSE REVOKED.

      Sammy Yu –Salesperson - #31900 – fraudulent business practice (4 counts),
      unfitness; unlicensed dealer - $6,000 FINE ($5,400 HELD IN ABEYANCE FOR
      2 YEARS PROBATION)


      As you can see, there can be problems in the auto industry and the states
have the legal right to take corrective action.

      If you’re not licensed to buy and sell cars and do it anyway, there may be
criminal penalties the state can impose.

      I want you to know this so that you won’t be tempted to circumvent the laws
of your state. In other words, don’t buy and sell cars outside the laws of your state.
8




If caught, the minimum offense is a misdemeanor crime in most states, a felony
offense in others.

      The laws are also written to protect the dealers. Dealers can have hundreds
of thousands of dollars invested in their dealerships. They do not want competition
from Joe Blow in his apartment down the street. So they have used their influence
to construct the regulations to keep the individual from obtaining a license to sell
from their home.

      Now that I have your attention does this mean you still can’t buy and sell
cars part time? You may be able to after you review the regulations in your state.

      First, some states allow a person to sell a limited number of cars a year
without requiring a license. Find out what it is for your state. It varies from 0 to
12.

       You may still be able to buy and sell cars as a part-time business with a
license within the guidelines of your state. Let me show you how.

      You must think “out of the box”!

      So let’s see how……………….

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Excerpts how to get car dealers license

  • 1. 1 HOW TO GET A DEALER’S LICENSE AND START A PROFITABLE USED CAR BUSINESS __________________________________________ __________________________________________
  • 2. 2 HOW TO GET A DEALER’S LICENSE AND OPERATE A PROFITABLE USED CAR BUSINESS COPYRIGHT 2010 Don Massey Don Massey Consulting Inc 8201 Lighthouse Lane Fort Collins, CO 80528
  • 3. 3 This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers. Reproduction or Translation of any part of this work beyond that permitted by the Copyright Law without the permission of the owner is unlawful.
  • 4. 4 INDEX How to Get Your Dealer License 6 Starting A Used Car Business 13 An Introduction to the Independent Used Car Business 16 How to Sell at the Best Price 19 Federal Used Car Rule 21 Good Record Keeping 32 How to do Consignment Sales 34 Dealer Only Auctions Explained 36 Titling Issues and Processes 41 Effective Advertising 43 Secrets of Selling Via the Internet 46 Selling “Certified Pre-owned Cars” 48 How to be an Effective Salesman 49 How to Provide Financing for Your Customers 53 Other Sources of Income for the 57 Used Car Dealer
  • 5. 5 How Much Money Will You Need to Start 63 Business Planning – Where to Start 66 Planning For Your Used Car Business 70 The Legal Structure of Your Business 74 Insurance Requirements 76 How to Name Your Business for Maximum Sales 77 The Secret of the Right Location 79 Unraveling the Confusion of Local and State Regulations 80 How to Keep Proper Business Records 81 Get a Handle on Your Business Finances/Taxes 83 Invaluable Resources Invaluable Resources 86 Appendices I - National Arbitration Policy For Wholesale Dealer-Only Auctions 89 II – State Dealer Licensing Websites And Telephone Numbers 103
  • 6. 6 HOW TO GET YOUR DEALER LICENSE First, I want to thank you for ordering this manual. You will find it a helpful introduction in starting a used car business. My name is Don Massey and I’m a licensed wholesale dealer in Colorado. I have been involved in buying and selling cars for years. Many people ask me are you “the” Don Massey? Don Massey is a dealership that has many locations around the country, primarily Cadillac. Sorry to say that’s not me! I find that there are two primary types of interest in my manual. First, a need to know how to open a used car lot and second the interest in buying and selling a few cars a year as a part time business. Others want to know how can I go to a wholesale auction, buy a car and resell it for a profit. All usually require a dealer’s license. The first thing that you must do is call the agency in your state that issues auto dealer licenses. You will find the web sites and telephone numbers in Appendix II. Either download the application from their website or ask them to send you the licensing information for a used car dealer license. You may find the license requirements on their websites. Ask them to send you a license application package. There is one exception to this. In Massachusetts car dealers are licensed by individual cities, not the state. When I make references in this manual to state licensing organizations, those of you in Massachusetts it is your city government that is the licensing organization. Now let me get brutally honest. In most states it is very difficult to buy and sell cars from your home. Here’s why. The licensing of car dealers is to protect the interests of the consumer. Even with licensing there are buyers who are defrauded everyday by dealers! The following is a listing for three months in Colorado. These fines and actions were taken by the Colorado Motor Vehicle Board.
  • 7. 7 Steven T. Stroud, dba Broadway Auto Sales-Denver - #36345 – defrauding any buyer/seller (6counts); fraudulent transaction; nondelivery of title (6 counts). $180,000, FULL RESTITUTION, LICENSE REVOKED. Thomas E. Fink, dba auto Finance Center LLC-Greeley - #4443 – defrauding any buyer/seller (9 counts); failure to honor check/draft to a dealer/wholesaler (2 counts); fraudulent transaction (9 counts). $105,000 FINE, 30 DAY SUSPENSION, FULL RESTITUTION ($100,800, 11 DAYS SUSPENSION HELD IN ABEYANCE FOR 12 MONTHS PROBATION) Francisco Angel-Zaragoza, dba Pacho’s Auto Sales & Body Work – Henderson - #36308 – willfully violating any state or federal law respecting commerce or motor vehicles – To Wit: use of building/land in violation of zoning Regulation M; material misstatement in an application of license. $10,000 FINE, LICENSE REVOKED ($9,000 FINE AND REVOCATION OF LICENSE HELD IN ABEYANCE FOR CHANGE OF CLASS OF LICENSE FROM USED TO WHOLESALER, ATTEND LICENSING SEMINAR AND 1 YEAR PROBATION). Marie D. DeHerrera, dba Amigo’s Autos – Longmont - #37114 – failure to honor check/draft to a dealer or wholesaler (3 counts); fraudulent sale (3 counts); failure to perform written agreement (3 counts); failure to deliver title within 30 days. $100,000 FINE, FULL RESTITUTION, LICENSE REVOKED. John Moxon, dba C.A.R.S. – Greenwood Village - #36578 – defrauding any buyer/seller (3 counts); failure to honor written agreement; fraudulent sale (3 counts); failure to deliver title (2 counts). $90,000 FINE, FULL RESTITUTION, LICENSE REVOKED. Sammy Yu –Salesperson - #31900 – fraudulent business practice (4 counts), unfitness; unlicensed dealer - $6,000 FINE ($5,400 HELD IN ABEYANCE FOR 2 YEARS PROBATION) As you can see, there can be problems in the auto industry and the states have the legal right to take corrective action. If you’re not licensed to buy and sell cars and do it anyway, there may be criminal penalties the state can impose. I want you to know this so that you won’t be tempted to circumvent the laws of your state. In other words, don’t buy and sell cars outside the laws of your state.
  • 8. 8 If caught, the minimum offense is a misdemeanor crime in most states, a felony offense in others. The laws are also written to protect the dealers. Dealers can have hundreds of thousands of dollars invested in their dealerships. They do not want competition from Joe Blow in his apartment down the street. So they have used their influence to construct the regulations to keep the individual from obtaining a license to sell from their home. Now that I have your attention does this mean you still can’t buy and sell cars part time? You may be able to after you review the regulations in your state. First, some states allow a person to sell a limited number of cars a year without requiring a license. Find out what it is for your state. It varies from 0 to 12. You may still be able to buy and sell cars as a part-time business with a license within the guidelines of your state. Let me show you how. You must think “out of the box”! So let’s see how……………….