Archive for the ‘dealer forms’ Category
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oops…penalty fee waiver for january dmv car dealer renewals no comments
January Dealer Renewal Notices
January 2010 dealer renewal notifications were not issued.
The error has been identified and corrected.
Renewal notifications will be issued as soon as possible.
Penalty fees for all January dealer licenses renewals will be waived; however, dealers must still renew within the 30-day renewal grace period per California Vehicle Code (CVC) §11717(c).
License Renewal Procedures
Dealers requiring renewal must:
Visit the department’s website for licensing information at: www.dmv.ca.gov/vehindustry/ol/dealer.htm.
Complete the Renewal Application (OL 45) form available at: www.dmv.ca.gov/forms/ol/ol45.htm.
Review the mandatory dealer education requirements in the Vehicle Industry Registration Procedures Manual available at: www.dmv.ca.gov/pubs/reg_hdbk_pdf/toc.htm.
Access dealer education providers at: www.dmv.ca.gov/vehindustry/ol/dlr_edu_provider.htm.
Renew dealer license plates using the Application for License Plates, Stickers, Registration Card (OL 22) available at: www.dmv.ca.gov/forms/ol/ol22.htm.
Contact their local inspector prior to license renewal if they have added a branch office or changed a location, firm name, or ownership.
Mail the renewal application and accompanying forms to:
Department of Motor Vehicles
Occupational Licensing Section
PO Box 932342 MS L224
Sacramento, CA 94232-3420
Additional Information
Dealers with license plates that are lost, stolen, or need to be surrendered, must complete a Statement of Lost, Stolen, or Surrendered Special Plates (OL 247) available at: www.dmv.ca.gov/forms/ol/ol247.htm.
Dealer license renewal status is updated daily and can be verified on the department’s website at: https://mv.dmv.ca.gov/olinq2/welcome.do.
Background
Normally, courtesy dealer license renewal notices are sent in advance. Due to an error identified, January 2010 notices did not generate.
Distribution
Notification that this memo is available online at www.dmv.ca.gov/pubs/olin/olin.htm
was made via e-mail alert service in January 2010 to the following:
Dealers
Contact
Questions regarding this memo may be directed to the Occupational Licensing Firms Unit, at (916) 229-3126.
MARY GARCIA, DMV Chief Occupational Licensing
++++++++++++++++++++++++++++++++++++
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car dealer breaking news…ca553 conditional sales contract can be multiple pages per the attorney generals published opinion 2 comments
TO BE PUBLISHED IN THE OFFICIAL REPORTS
OFFICE OF THE ATTORNEY GENERAL
State of California
EDMUND G. BROWN JR.
Attorney General
No. 08-804
December 31, 2009
THE HONORABLE NOREEN EVANS, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question:
Is the single document requirement for automobile sales contracts satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.)?
CONCLUSION
The single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.).
http://ag.ca.gov/cms_attachments/opinions/pdfs/o546_08-804.pdf
california attorney general issues new opinion on ca553 conditional sales contract for vehicle sales by licensed car dealers 2 comments
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OPINION of EDMUND G. BROWN JR. Attorney General DIANE E. EISENBERG Deputy Attorney General
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________________________________________________________________________
TO BE PUBLISHED IN THE OFFICIAL REPORTS
OFFICE OF THE ATTORNEY GENERAL
State of California
EDMUND G. BROWN JR.
Attorney General
No. 08-804
December 31, 2009
THE HONORABLE NOREEN EVANS, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question:
Is the single document requirement for automobile sales contracts satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.)?
CONCLUSION
The single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.).
ANALYSIS Under California’s Automobile Sales Finance Act (ASFA),
1 automobile sales contracts must contain certain terms and disclosures
2 for the protection of consumers.
3 In addition, certain provisions of such contracts are required to be prominently displayed in fonts of specified size, and in specified locations and sequences, again for the protection of consumers. On top of that, regulated sales contracts are required to be reproduced as a “single document,”
4 so that the necessary terms and notices may not be concealed from consumers by being shunted to an unseen appendix. The extensive formalities and requirements are mandatory,
5 and a contract that does not substantially conform to the requirements is unenforceable.
6 1 Civ. Code §§ 2981–2984.6. 2 Civil Code section 2982 provides that a conditional sale contract subject to the ASFA must contain disclosures mandated by federal Regulation Z, 12 C.F.R. §§ 226.1– 226.48 (2009). Regulation Z implements the Truth in Lending Act, which is found at 15 U.S.C. §§ 1601–1667f. 3 See, e.g,. Cerra v. Blackstone, 172 Cal. App. 3d 604, 608 (1985) (“The legislative purpose in enacting the [ASFA] was to provide more comprehensive protection for the unsophisticated motor vehicle consumer.”). 4 Civ. Code § 2981.9 (part of the ASFA).
Although our analysis focuses on automobile sales contracts, we note that the same language appears in other consumer sales statutes, and we have no reason to believe that our analysis would not apply to them as well. See Civ. Code § 2985.8 (part of the Vehicle Leasing Act, Civ. Code §§ 2985.7–2994); Civ. Code § 1803.2 (part of the California Retail Installment Sales Act). 5 Civ. Code § 2982(m) states that the required terms “may” be printed according to the specified regulations.
However, experts in the field and judicial decisions uniformly construe these consumer-protection rules as mandatory. See, e.g., Justice William Masterson (Retired), Justice Elizabeth Baron (Retired) & Louise LaMothe, California Civil Practice Business Litigation, § 58:11 (Thomson Reuters 2009); Cynthia L. Fatica, California Transactions Forms: Business Transactions Vol. 5, § 34:33 (Thomson Reuters 2009); Kunert v. Mission Fin. Serv. Corp., 110 Cal. App. 4th 242, 248 (2003). 6 See Kunert v. Mission Fin. Serv. Corp., 110 Cal. App. 4t h at 248. 2 08-804
Taking all of the rules into account, an automobile sales contract must now be approximately 24 inches long (printed on both sides) in order to contain all of the required provisions in their required sizes. This is an unwieldy size for a business document, and incompatible with standard office printing and reproduction machines. This incompatibility leads to significant trouble and expense for automobile dealers, as well as for those consumers who need to make or transmit copies of their sales contracts.
We have been asked to determine whether the single-document rule would be satisfied if the document were to consist of multiple pages that are attached to each other and are properly integrated by appropriate means, such as inclusive sequential page numbering that presents the page numbers as “1 of 4,” “2 of 4,” and so forth. In order to answer this question, we apply well established rules of statutory construction, looking first at the plain language of the relevant statutes with the aim of ascertaining the Legislature’s intent.
7 To that end, we turn to Civil Code section 2981.9, which sets forth some of the requirements for conditional sale contracts governed by the Automobile Sales Finance Act: Every conditional sale contract subject to this chapter shall be in writing and, if printed, shall be printed in type no smaller than 6-point, and shall contain in a single document all of the agreements of the buyer and seller with respect to the total cost and the terms of payment for the motor vehicle, including any promissory notes or any other evidences of indebtedness.
8 Orr v. City of Stockton, 150 Cal. App. 4th 622, 629 (2007); see also Dyna-Med, Inc. v. Fair Empl. & Hous. Commn., 43 Cal. 3d 1379, 1386-1387 (1987).
8 Emphasis added. See also Civ. Code § 2985.8(a) (“Every lease contract shall be in writing and the print portion of the contract shall be printed in at least 8-point type and shall contain in a single document all of the agreements of the lessor and lessee with respect to the obligations of each party.”); Civ. Code § 1803.2 (“[E]very retail installment contract shall be contained in a single document that shall contain . . . [t]he entire agreement of the parties . . .”)
There is no definition in the ASFA of the term “single document.” Nor do we find the term defined in other statutory schemes. Therefore, we look to the usual and ordinary meaning of the words, bearing in mind the context in which they are used.
9 The most relevant definition of “single” in this context is “a separate individual member of a large class of similar or identical objects.”
10 The most relevant definition of “document” is “an original or official paper relied upon as the basis, proof, or support of something.”
11 Thus, the term “single document” means a separate or individual official paper. Nothing in this definition suggests that the entirety of the document must be contained on one page or on one sheet of paper. There is also no such suggestion in the few cases arising under consumer protection laws in which the rule is discussed. In Kroupa v. Sunrise Ford, the Court of Appeal decided that when a consumer traded in two vehicles, received a rebate from the dealer, and entered into a vehicle lease, all as part of the same negotiation, the three occurrences constituted a single transaction that should have been memorialized in a single document.
12 Other documents contained information about the rebate and the trade-ins, which affected the financing terms of the lease, but the lease did not. The absence of a single document that contained all the parties’ agreements with respect to their obligations was held to constitute a violation of the single document requirement.
13 The Court did not state, however, that the required information all had to be contained on one sheet of paper. Earlier, in Morgan v. Reasor Corp., the California Supreme Court held that the single document requirement in the Unruh Act was not met where an installment contract and a promissory note were not physically attached to each other.
14 Implicit in this holding is the notion that separate pages physically attached to each other may constitute a single document.15 9 See Dyna-Med, 43 Cal. 3d at 1387.
10 Webster’s Third New International Dictionary of the English Language
(Unabridged) 2123 (Philip Babcock Gove, ed. in chief, Merriam-Webster Inc. 2002). 11 Id. at 666. 12 Kroupa v. Sunrise Ford, 77 Cal. App. 4th 835, 843 (1999) (as modified, Jan. 20, 2000). 13 Id. 14 Morgan v. Reasor Corp., 69 Cal. 2d 881, 892 (1968).
15 The holding in Morgan is also consistent with a prior opinion issued by this
Currently, the federal Truth in Lending Act (provisions of which are incorporated by reference into the ASFA
16 does not include a single document requirement.
17 But case law construing a previous version of the Truth in Lending Act suggests that such a requirement was understood to be part of the earlier law, and some of these cases describe the requirement. For example, in finding a disclosure statement that simply said “refer to note” to be inadequate, the Ninth Circuit Court of Appeals stated: We think that this provision [former 15 U.S.C. § 1639(b)] means that the required disclosures can be made by including all required information in the instrument of indebtedness, not that some of the information can be disclosed in the disclosure statement while other information is disclosed in another document. The whole purpose of the Truth in Lending Act is to provide meaningful disclosure to a borrower. Such a goal is not met if the borrower must examine several documents to learn the terms of the loan agreement.
18 It is apparent that these authorities deem the purpose of the single document rule to be the facilitation of the consumer’s review of all of the parties’ agreements before the consumer signs the sale or lease contract, so that the consumer has complete and accurate information. The rule also helps to avert later disputes about the terms of the parties’ final agreement.
While a single-sheet document, which forecloses the possibility of pages becoming detached, may serve these objectives well, the single document rule does not require that the document consist of only one sheet of paper.
In 45 Ops.Cal.Atty.Gen. 8 (1965), we assumed without discussion that a contract entered into pursuant to the Unruh Act would be violated if “a deed of trust that was attached as part of the contract were detached from the rest of the document by means of tearing along perforations or removal of staples.” Id. at n. 9. 16 See Civ. Code § 2982.
17 Under federal Regulations M and Z, disclosures must be made “clearly and conspicuously in writing, in a form that the consumer may keep.” See 12 C.F.R. § 213.3 (Reg. M); 12 C.F.R. §§ 226.5, 226.17, 226.31 (Reg. Z). 18 Ljepava v. M. L. S. C. Prop. Inc., 511 F.2d 935, 942 (9th Cir. 1975). 5 08-804
Our conclusion is bolstered by a recent decision of the California Supreme Court, Alan v. American Honda Motor Co., Inc., in which the Court construed a particular rule of court to include a single document requirement, even though the term “single document” does not appear in the language of the rule.
19 As the Court stated, [W]e see no reason why the clerk could not satisfy the single-document requirement by attaching a certificate of mailing to the file-stamped judgment or appealable order, or to a document entitled “Notice of Entry.” Obviously a document can have multiple pages. But the rule does not require litigants to glean the required information from multiple documents or to guess, at their peril, whether such documents in combination trigger the duty to file a notice of appeal.
20 A rule of court is not drafted by the Legislature, and the rule at issue in the Alan case pertains to litigant protection, rather than consumer protection in the commercial arena. We nonetheless find it significant that, in applying ordinary principles of statutory construction to the rule ,
21 the Court’s view of the function of the single document requirement was the same as that of the Ninth Circuit in Morgan. And we find both cases relevant to, as well as consistent with, our understanding of the ordinary meaning of the term “single document.” Accordingly, we conclude that the single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4”, “2 of 4”, etc.). *****
19 Alan v. Am. Honda Motor Co., Inc., 40 Cal. 4th 894, 903–905 (2007) (holding that the phrase “a document” in Cal. Rule of Court 8.104, which governs the timeliness of appeals in specified circumstances, means “a single, self-sufficient document satisfying all of the rule’s conditions”). 20 Id. at 905 (emphasis added). 21 Id. at 902 (ordinary principles of statutory construction govern interpretation of the Cal. Rules of Court). 6 08-804
http://ag.ca.gov/cms_attachments/opinions/pdfs/o546_08-804.pdf
dmv announces provisions for the car buyer protection act of 2009 no comments
Occupational Licensing Industry News OLIN 2009–19 California Car Buyers’ Protection Act of 2009
New Law
Effective January 1, 2010, the California Car Buyers’ Protection Act of 2009 becomes law.
This law increases dealer, lessor-retailer, and auto broker license fees and requires a vehicle dealer to pay off the outstanding loan or lease balance on any vehicle accepted in trade within 21 calendar days.
The law further prohibits a dealer from selling, consigning for sale, or transferring a vehicle accepted in trade before the outstanding loan or lease balance has been paid.
Increases
All original and renewal dealer and lessor-retailer license fees will increase by $25. The fee to add or renew an auto broker endorsement to an existing license will increase by $50. The new fees are:
•
Dealer license, original $175
•
Dealer license, renewal $125
•
Auto Broker, original $100
•
Auto Broker, renewal $ 75
New Information
Dealers are required to pay the outstanding loan or lease balance, or other specified amount agreed upon when the vehicle acquired through purchase or in trade has a prior loan or lease balance. The dealer must pay the legal owner or lessor shown on the ownership certificate the balance or specified amount within 21 calendar days of purchasing or obtaining the vehicle in trade.
The dealer is not in violation of this section if notice of rescission of the contract is given reasonably and in good faith promptly, but no later than 21 days after the date the vehicle was purchased or obtained in trade, and the contract is thereafter rescinded on any of the grounds in Civil Code §1689.
Background
The California Car Buyers’ Protection Act of 2009 is a new law effective:
January 1, 2010.
The act increases licensing fees and imposes certain requirements when a dealer obtains a vehicle in trade with a prior loan or lease balance.
References
California Vehicle Code (CVC) §4453.5
California Civil Code §1689
Distribution
Notification that this memo is available online, at dmv.ca.gov/pubs/olin/olin.htm was made via E-Mail Alert Service in December 2009 to the following:
•
Dealers
•
Lessor-Retailers
•
Registration Services
Contact
Questions regarding this memo may be directed to the Occupational Licensing Operations Unit, at (916) 229-3126.
MARY GARCIA, Chief Occupational Licensing
+++++++++++++++++++++++++++++++++++++++++++++++++
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carfax glossary of car dealer license terms no comments
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Accident / Damage Indicator —
CARFAX receives information about accidents in all 50 states, the District of Columbia and Canada. Different information in a vehicle’s history can indicate an accident or damage, such as: salvage auction, fire damage, police-reported accident, crash test vehicle, damage disclosure, collision repair facility and automotive recycler records. Not every accident or damage event is reported and not all reported are provided to CARFAX. Details about the accident or damage event when reported to CARFAX (e.g. severity, impact location, airbag deployment) are included on the Vehicle History Report. CARFAX recommends you obtain a vehicle inspection from your dealer or an independent mechanic.
Airbag Deployment —
Occurs when the driver, passenger or side airbag has been used or deployed during a crash or other incident. If an airbag has been deployed, it must be replaced by a qualified technician. Have this car inspected by a mechanic prior to purchase. Use CARFAX Airbag Tips to make sure this vehicle’s airbag system is functional.
Auction Disclosures or Announcements —
Dealers and institutions (i.e. fleet companies, rental car companies, and manufacturers) sell millions of cars at auction each year. Sellers often provide disclosures about a vehicle’s damage, mileage, or repair history. These disclosures are made available to potential buyers in pre-sale lists and in auction announcements.
Auto Auction —
Auto auctions provide CARFAX with odometer readings for vehicles bought and sold at auction. Approximately 31% of used cars sold at dealerships are purchased at auto auctions.
Automotive Recycler —
Vehicles sold at an automotive recycler are often totaled by insurance companies. The majority of these vehicles are 1) rebuilt and sold as a complete vehicle, 2) dismantled and sold for parts, or 3) scrapped and sold as metal. On occasion, they also handle vehicles with no specific damage history.
Bonded Title —
A title is bonded when the owner has no proof of ownership during the titling process. The bond remains in effect for three years or until the vehicle is no longer registered in the state.
Built to Non U.S. Standards —
Vehicle previously registered or titled outside of the U.S. and may not comply with U.S. safety and emissions standards.
Canadian Damage Report —
CARFAX receives damage reports for many accidents occurring in the following Canadian Provinces: Ontario, Alberta, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland, Yukon territories, Northwest territories, and Nunavut. These reports may be completed following an accident or other incident. Some include a damage claim amount. This amount represents physical damage to the vehicle and depending on the accident, damage to other vehicles and/or property. It does not include expenses like towing, a rental car or any medical related items.
Canadian Total Loss Vehicle —
An insurance company declares a vehicle a total loss if the estimated repair cost, plus the salvage value of the damaged vehicle, exceeds the cash value of the vehicle before it was damaged. A Canadian vehicle declared a total loss may require a technical inspection before it can return to the road.
Certified Pre-Owned Vehicle —
Many manufacturers have certified pre-owned programs that promote used vehicles that meet high standards defined by the manufacturer. Each program has a different certification process.
Collision Repair Facility —
A collision repair facility specializes in repairing vehicle damage caused by accidents and other incidents. A vehicle inspection completed by your dealer or a professional inspector is recommended.
Commercial —
Vehicle was registered for business purposes.
Crash Test —
Vehicles used in crash tests are supposed to be sold as junk vehicles. Institutions that test these vehicles disclose this information to CARFAX to help ensure they do not end up back on the road.
Curbstoning —
A curbstoner is a person who purchases vehicles at volumes that require a dealer license and then poses as a private seller to sell to unsuspecting buyers for a large profit. Curbstoning is illegal in most States. CARFAX analyzes a vehicle’s history for specific events to determine if a vehicle is potentially at risk for curbstoning. For instance, a vehicle that has been sold at auction but not issued a new title during a given period of time. Please see the CARFAX Curbstoning Tips for other ways to identify a potential curbstoner.
Damage Disclosure —
When the owner discloses to a DMV or other CARFAX source that the vehicle sustained damage. The extent of damage can range from minor to severe. CARFAX recommends you have this vehicle inspected.
Date Reported —
Refers to the date when the transaction occurred.
Dealer Service Company —
Dealer Service Companies assist auto dealers in managing their inventories. These companies offer data services in the areas of mass marketing, maintenance notification, unit labeling and advertising. Not all dealer service companies report information to CARFAX.
Dismantled Title —
The vehicle sustained major damage to one or more major component parts and the cost of repairing the vehicle for safe operation exceeds its fair market value. When a Dismantled title is issued, the vehicle may be used only for parts or scrap metal. It cannot be re-titled or returned to the road.
Exceeds Mechanical Limits —
A vehicle with a 5-digit odometer cannot accurately track mileage after 99,999 miles because the odometer rolls over. This title is the result of a seller certifying under the Federal Odometer Act, that the odometer reading EXCEEDS MECHANICAL LIMITS of the odometer.
Exempt Vehicle —
In most states, odometer law requires that vehicles less than 10 years old report odometer readings. Vehicles over 10 years old are often exempt from this requirement and do not need to provide odometer readings.
Failed Emissions Inspection —
The emissions check performed during a vehicle inspection indicated the vehicle was emitting more than allowable emissions standards and/or had missing or modified parts. Repeated failed emissions records can indicate engine problems and CARFAX recommends you have the vehicle inspected.
Federal Odometer Act —
The Federal Odometer Act requires a seller to disclose the vehicle’s mileage on the title when ownership is transferred. Congress enacted this Act to prohibit odometer tampering and to protect consumers from mileage fraud. Under this act, sellers must disclose any issues with the vehicle’s odometer. These disclosures translate into the Exceed Mechanical Limits and Not
Actual Mileage titles.
Fire Damage —
CARFAX receives information on vehicle fires from most U.S. jurisdictions. These events are taken from the actual fire department reports compiled at the scene.
Fire Damage Title —
The vehicle sustained major damage due to fire. In most states, fire damage titles are issued when the cost of repairing the vehicle for safe operation exceeds its fair market value.
First Owner —
When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership.
Fleet Management Company —
Fleet Management Companies manage the financing, insurance, maintenance and repair of corporate or government fleet vehicles. Fleet companies are typically self-insured. Several fleet companies provide CARFAX with the repair and damage history of their vehicles.
Fleet Vehicle —
Vehicle was registered or sold to a company that manages vehicle fleets.
Flood Damage Title —
States issue flood titles when a vehicle has been in a flood or has received extensive water damage.
Ford or Lincoln Mercury Recall —
The Ford Motor Company provides Carfax with recall information regarding safety, compliance and emissions programs announced since 2000 for a specific vehicle. For complete information regarding programs or concerns about this vehicle, please contact a local Ford or Lincoln Mercury Dealer.
General Comments —
CARFAX reports display important information in the General Comments column of the Detailed Vehicle History. Comments will vary, depending on the information provided by the source.
Grey Market Vehicle —
Vehicle previously registered or titled outside of the U.S. and may not comply with U.S. safety and emissions standards.
Gross Polluter —
A Gross Polluter is a vehicle that fails an emissions inspection with below-standard scores. These vehicles can pollute as much as 18 times more than a vehicle that passes an emissions inspection. It is illegal to drive or sell a gross polluting vehicle in California, and it cannot be registered with the DMV. CARFAX recommends checking the latest Vehicle Inspection Report to confirm the proper repairs have been completed before purchasing.
Hail Damage Title —
The vehicle sustained major damage due to hail. In most states, hail damage titles are issued when the cost of repairing the vehicle for safe operation exceeds its fair market value.
Information Source —
CARFAX receives data from thousands of data sources. The information source refers to the source or provider of the vehicle history information reported in the Vehicle History Report.
Inspections —
Many states or counties require annual or biennial emissions and/or safety inspections. Odometer readings are collected at the time of the inspection.
Junk Title —
A Junk Title is issued on a vehicle damaged to the extent that the cost of repairing the vehicle exceeds ~ 75% of its pre-damage value. This damage threshold may vary by state. The majority of states use this title to indicate that a vehicle is not road worthy and cannot be titled again. Some states treat Junk titles the same as Salvage.
Lease —
When someone leases a car from a dealer, the dealer actually sells the vehicle to a leasing company. The leasing company then collects payments for the vehicle from the new owner for 24, 36, 48 or more months. A leasing company can be an independent car dealer or a car manufacturer.
Lemon Law Vehicle —
A vehicle with major problems that has been repurchased by or had its price renegotiated with the manufacturer. The state marks its official records or issues a title brand for lemon law vehicles. Laws vary by state as to the specific requirements for a “lemon”. Most manufacturers issue some buybacks that are not the result of Lemon Laws but rather a courtesy.
Lien —
A lien is a legal right to the vehicle by a third party to ensure the repayment of a debt or other financial obligation. This often occurs due to an auto loan. Other types of liens include mechanic’s liens and child support liens. If you are buying, check with the seller to make sure the lien has been resolved.
Loan —
A loan is when a person borrows money from a financial institution or other type of lender with an agreement to pay back the full amount plus interest over a period of time. Loans are usually guaranteed with assets like a vehicle or home. Until the loan is paid off, the lender will have a lien on these assets and has the right to repossess them if the terms of the loan are not met.
Major Parts Removed —
When a vehicle has three or more major parts removed by an automotive recycler.
Manufacturer Buyback or Lemon —
A DMV or a state agency marks an official document or issues a Manufacturer Buyback/Lemon title when a vehicle has been repurchased by the manufacturer. Not all states issue manufacturer buyback titles and the specific requirements for a lemon law vehicle vary by state.
Manufacturer Recall —
Automobile manufacturers issue recall notices to inform owners of car defects that have come to the manufacturer’s attention. Recalls also suggest improvements that can be made to improve the safety of a particular vehicle. Most manufacturer recalls can be repaired at no cost to you.
Manufacturer Vehicle —
Manufacturer vehicles are vehicles put up for sale by the manufacturer. These vehicles are typically only available to dealers at special auctions. These vehicles have generally been registered as lease or rental vehicles.
Manufacturer-Recommended Maintenance Schedules —
Automobile manufacturers provide recommended maintenance schedules for each of their models. These schedules inform owners of maintenance that should be performed on a vehicle at specific mileage milestones. These schedules are available in the owner’s manual or at Edmunds.com.
Mileage Inconsistency —
If a more recent odometer reading is less than an older reading but CARFAX is uncertain whether the discrepancy is a rollback or a clerical error, then CARFAX calls it a “Mileage Inconsistency”. In this case, you should verify the mileage with your dealer or a qualified mechanic.
Motor Vehicle Dept. —
Motor Vehicle Departments issue both titles and registrations to vehicle owners. Each title or registration record on a CARFAX report does not necessarily indicate a change in ownership. New titles and registrations can be created for name, address and lien holder changes; ownership changes; vehicle status changes; registration activity; title corrections; and lost titles.
NICB —
The National Insurance Crime Bureau is a not-for-profit organization whose mission is to combat insurance fraud and vehicle theft for the benefit of both insurance companies and the public.
New Owner Reported —
When a vehicle is sold to a new owner, the Title must be transferred to the new owner(s) at a Department of Motor Vehicles.
Non-Profit —
Vehicle was registered by a “not for profit” agency or business.
Not Actual Mileage Title —
When the seller certifies, under the Federal Odometer Act, that the odometer reading does not reflect the vehicle’s actual mileage. This may occur because the odometer was tampered with, broken, or replaced.
OCRA —
The Oficina Coordinadora De Riesgos Asegurados S.C. (OCRA) is a Mexican not-for-profit corporation organized to detect, investigate and deter vehicle theft and insurance fraud for the good of its members and the public. It manages and controls databases on stolen vehicles and exported vehicles for the benefit of the insurance industry, law enforcement agencies and the public. OCRA obtains vehicle information entirely from other sources and relies on those sources for the accuracy and reliability of this information. Therefore, OCRA accepts no responsibility or liability for any error or omission in this report. OCRA is proud to assist CARFAX customers in their efforts to better understand a vehicle’s history.
Odometer Rollback —
If a more recent odometer reading is less than an older reading, then the odometer may have been tampered with and “rolled back.” CARFAX analyzes the mileage history and the sources of this information to indicate a potential odometer rollback.
Odometer Rollover —
Older vehicles often have 5-digit odometers that roll over to zero when the mileage exceeds 99,999.
Ownership History —
CARFAX defines an owner as an individual or business that possesses and uses a vehicle. Not all title transactions represent changes in ownership. To provide estimated number of owners, CARFAX proprietary technology analyzes all the events in a vehicle history. Estimated ownership is available for vehicles manufactured after 1994 and titled solely in the US including Puerto Rico. Dealers sometimes opt to take ownership of a vehicle and are required to in the following states: Maine, Massachusetts, New Jersey, Ohio, Oklahoma, Pennsylvania and South Dakota. Please consider this as you review a vehicle’s estimated ownership history.
Personal Use —
Vehicle was registered by the owner for private or personal use.
Rebuilt/Reconstructed Title —
A Rebuilt/Reconstructed vehicle is a salvage vehicle that has been repaired and restored to operation. These vehicles are often severely damaged before they are rebuilt and refurbished parts are typically used during reconstruction. In most states, an inspection of the vehicle is required before the vehicle is allowed to return to the road.
Relocation —
When a vehicle is moved from one state to another with no change of ownership.
Rental —
Vehicle was registered by a rental agency.
Repossession —
When a repossession occurs a vehicle owner fails to make loan payments, and the financial institution holding the title takes possession of the vehicle.
Salvage Auction Record —
Most vehicles sold at Salvage auctions were declared totaled by insurance companies. Most of these vehicles have sustained significant damage but there are some exceptions. For instance, recovered stolen vehicles are often declared a total loss regardless of the actual damage. Rebuilders and Recyclers purchase these vehicles at auction with intentions to rebuild them or dismantle them for parts.
Salvage Title —
A Salvage Title is issued on a vehicle damaged to the extent that the cost of repairing the vehicle exceeds ~ 75% of its pre-damage value. This damage threshold may vary by state. Some states treat Junk titles the same as Salvage but the majority use this title to indicate that a vehicle is not road worthy and cannot be titled again in that state. The following eleven states also use Salvage titles to identify stolen vehicles – AZ, FL, GA, IL, MD, MN, NJ, NM, NY, OK and OR.
Scrapped —
Vehicles that have been dismantled and/or crushed and should not return to the road.
Service Plan Company —
Service Plan Companies market extended warranty plans to buyers of both new and used cars as mechanical breakdown insurance. Information is collected from service plan companies when they issue contracts and when they pay repair claims. Not all service plan companies report information to CARFAX.
Stolen Vehicle —
A vehicle is reported stolen when it is reported to a state DMV or an insurance company as missing. It is important to verify the status of a stolen vehicle with NICB before purchase to protect yourself. You could be charged with buying a stolen vehicle, especially if it appears that you may have had knowledge that the vehicle was stolen. You may also lose the vehicle without compensation for the purchase price. You can contact NICB to verify a vehicle’s stolen status by calling 800-447-6282 x 2 or by completing the NICB web form.
Structural / Frame Damage —
In most cases, a vehicle is inspected for structural or frame damage, depending on the body design, after an accident or other incident. All levels of accidents from minor to severe can cause structural / frame damage and in most cases it can be repaired. Having a structural inspection before purchase is recommended.
Taxi —
Vehicle was registered as a taxi or “for hire” vehicle.
Title Issued —
A state issues a title to provide a vehicle owner with proof of ownership. Each title has a unique number. Each title or registration record on a CARFAX report does not necessarily indicate a change in ownership. In Canada, a registration and bill of sale are used as proof of ownership.
Title Washing —
Title Washing is the process through which a vehicle’s title is altered to conceal information that would normally be included. This can be accomplished by either physically altering printed documents or reapplying for a title without disclosing its prior history. Since the CARFAX database retains information about branded titles from all 50 states and the Canadian provinces, the CARFAX Report may help uncover potential title washing.
Total Loss Vehicle —
An insurance or fleet company declares a vehicle a total loss when a claim exceeds ~ 75% of its pre-damage value or if the vehicle is stolen and not recovered. This damage threshold varies by company. These companies typically take possession and obtain the title. Not all total loss vehicles result in a DMV-reported branded title. This may occur when an insurance company’s definition of a total loss is different than the state DMV’s definition for a branded title or when the owner of the vehicle is a self-insured company, like a fleet or rental company.
U.S. Privacy Laws —
The U.S. Driver’s Privacy Protection Act (DPPA) of 1994, among other laws, restricts the use of personal information such as name and address, to specific purposes. It has therefore always been CARFAX’s policy to focus its reporting on vehicles, not people.
Vehicle ID No. (VIN) —
This 17 character number is unique to each vehicle. It identifies characteristics of the vehicle, including manufacturer, year, model, body, engine specifications, and serial number.
Vehicle Reacquired —
A vehicle that has been repurchased by the manufacturer. Manufacturers may choose to buy the vehicle back from a customer after repeated repair attempts or to promote customer satisfaction.
Vehicle Sold With Damage —
Several companies provide data to CARFAX about their fleets. To disclose the true condition of the vehicle, these companies occasionally sell vehicles from their fleets with damage rather than undertake the repairs themselves.
Verified Odometer Rollback —
When an odometer rollback is reported to and verified by a state or province law enforcement agency.
car dealers: it is a really big red flag if your customer is on this most wanted fugitive list no comments
http://www.ancestorhunt.com/california-most-wanted.htm
We invite you to visit this site periodically and review the state’s Most Wanted Fugitives bulletins to help law enforcement apprehend dangerous fugitives by alerting law enforcement when you think you may have seen one of the fugitives on the Most Wanted list. If you have any information on a featured fugitive or other fugitives, we urge you to contact the Bureau of Investigation and Intelligence, Intelligence Operations Center (IOC) immediately.
The Wanted Persons System (WPS) was established in 1971 as the first online system for the California Department of Justice (DOJ). The WPS system provides information on arrest warrants and is used to alert law enforcement agencies of the possibility that a suspect may be a fugitive. This information may help to ensure the safety of officers who are attempting to apprehend fugitives.
In 1996, the Legislature authorized the California Department of Justice to maintain a publicly accessible Internet directory of wanted fugitives. This is not a comprehensive directory of all persons wanted for crimes in California.
Subscribe
You can now subscribe to the California Department of Justice – Office of the Attorney General’s Most Wanted Fugitives email list. Visit our subscription site for this and other informative email notifications from the Office of the Attorney General.
car dealers: are you trying to locate someone ??? no comments
SEARCHING FOR SOMEONE ?
http://www.amfor.net/Search.html
A public service sponsored by Americans For Open Records (AmFOR) in behalf of adoptees, parents and all who search for missing family members… AmFOR supports INTERNATIONAL SOUNDEX REUNION REGISTRY (ISRR), the world’s largest reunion registry for searching family members (adopted or not); Click on ISRR Link for mail-in registry form (a totally FREE service; donation to ISRR suggested). More FREE/self-help Links, below:
INSTANT GRATIFICATION
To quickly locate anyone FREE or inexpensively–in 50 states and 200 countries–especially adoptees or parents whose names are unknown– Browse or download (FREE): THE ULTIMATE SEARCH BOOK-2005 .
The best CALIFORNIA “NO FIND/NO PAY” search sites are AdoptionSearchCalifornia.com and TheRightToKnow.info
SEARCH LINKS -
* Adoption databases – http://www.skylace.net/adoption/
* Adoption Disclosure Laws, by State – (Quick Reference) http://www.bastards.org/activism/access.htm
For state-specific codes,search resources and more, browse or download The Ultimate Search Book
* Adoption Laws, Canada – http://nebula.on.ca/canadopt/
* Adoptees’ War Memorial: Adoptees, Parents Who Have Died in War, & Adoptees & Orphans created by War – http://amfor.net/war.html
* African Diasporic Adoption (Adopted and Fostered Adults of the African Diaspora – AFAAD) – http://afaad.wordpress.com
* Age/Name Database- Search by First/Last Name/Age (free) – http://www.birthdatabase.com
* Australia Adoption Jigsaw – http://www.bensoc.asn.au/parc/
* Baby Broker Directory (by state)- helps searching Black Market Adoptees – http://AmFOR.net/BabyBrokers
* Black Market Adoptees – Helpful Links: Surrogacy Agency Directory, Egg Donation Service Directory, Attorney Directory, and IVF Directory are all at “Everything Surrogacy” – http://everythingsurrogacy.com
* Black Market Adoptee’s Registry (Free) – http://www.geocities.com/Heartland/Garden/2313/
* Black Market Adoption Links – (See “Registry, Black Market Adoptees” and “Registry, Black Market Babies and Baby Broker Directory; and Black Market Adoption Web Ring)
* Black Market Adoption Web Ring – Personal web pages and registries – http://q.webring.com/hub?ring=bmaring
* Classmates Search – http://Classmates.com & http://Reunion.com/
* Concerned United Birthparents (CUB) – http://www.cubirthparents.org/
* Credit Reports – Get all 3 Free Annual Equifax/Experian and Trans Union Credit Reports (under FactAct) from one online form – (no credit card needed) – http://annualcreditreport.com
* Credit Reports (fee) – http://www.ameri.com/121.htm
* DMV Searches (fee; first check to see if you can order direct from state’s DMV
available for fee – CO, FL, GA, IL, ME, MN, MT, NH, NM, NY, OH, OK, UT, WA, WI, WY) http://www.docusearch.com/dmvf.html
* DMV ID Card Search (for non-drivers; free) – http://searchsystems.net/
* DMV-Messaging (CA fee is about $5) – Contact any branch of CA DMV for form
* Donor-Link Registry (United Kingdom) – http://www.ukdonorlink.org.uk/default.asp
* East Indian Adoptees- Connected Indian Roots website: http://people.freenet.de/connectedindianroots/
* “Everything Surrogacy” – directories, all on one website – Surrogacy Agency Directory, Egg Donation Service Directory, Attorney Directory, IVF Directory – at “Everything Surrogacy” – http://everythingsurrogacy.com
* German adoptee/parent search – Leonie Boehmer – email: Boehmer@aol.com
* German-born Adoptees “Geborenor Deutscher” Newsletter – http://hometown.aol.com/wmlgage/gd/gd.htm
* Holocaust-Shoah Victims – http://www.yadvashem.org/wps/portal/!ut/p/_s.7_0_9m
* How To Search – http://UltimateSearchBook.com
* Hurricane Katrina – Free Resources to Find the Missing in Alabama, Florida, Louisiana, Mississippi: http://www.firstgov.gov/Citizen/Topics/PublicSafety/Hurricane_Katrina_Recovery.shtml
* Italian Adoptees – http://groups.yahoo.com/group/ITALIADOPTION/
* Korean Adoptees – GOAL (advertises search in Korea newspaper) – http://www.goal.or.kr/
o (San Francisco): http://www.geocities.com/Tokyo/Garden/3947/
o (New York): http://www.akaworld.org/
o http://www.findparent.or.kr/index_e.htm
o http://www.geocities.com/Tokyo/Shrine/8654/search.html
* Military Fathers (Past Wars)
o WAR BABES: Founded by Shirley McGlade, 15 Plough Avenue, South Woodgate, Birmingham B32 3TQ She is the daughter of a World War II GI, that she traced in 1986.
o THE ASSOCIATION OF LIBERATION CHILDREN, founded in 1984, renders assistance to the Dutch descendants of soldiers from the Second World War in the search for their biological father and/or relatives. It also has links with Canada. http://www.liberationchildren.org
o PROJECT ROOTS is an organization set up in 1980 to help find the Canadian fathers of British and European War Children – http://www.project-roots.com/
o REGISTRY OF JEWISH HOLOCAUST SURVIVORS – http://www.ushmm.org/remembrance/registry/intro
o RESOURCES FOR CHILDREN OF HOLOCAUST SURVIVORS: Tracing Ancestors – http://www.judymeschel.com/coshtrace.htm
* Prisoner Locator (US) – http://www.ancestorhunt.com/prison_search.htm
* See also Adopted Prisoner Penpals – http://amfor.net/AdoptedPrisoners.html
* Public Records, Nationwide – 34,000 Free Databases – http://www.searchsystems.net/index.php
* Registry, Bi-Racial/African-American – http://lilbastard.faithweb.com/biafreg.html
* Registry, Birth Quest (second largest) – http://ReunionRegistry.com/
* Registry, Black Market “Babies” – (a CENTRAL REGISTRY for ALL Black Market babies delivered by Bessie Bernard, Katherine Cole, Crittenton Homes, Easter House, Hicks Clinic, Ideal, Gladney Homes, Seymour Kurtz,Tennessee Home Society, The Veil, etc.) -
http://www.geocities.com/Heartland/Garden/2313/Links.htm
* Registry, Butterbox Babies Survivors (Nova Scotia) – http://www3.us.sympatico.ca/bhartlan/PAGE1.htm
* Registry, Canada – http://ourworld.compuserve.com/homepages/adoptionregistry.html
* Registry, D’s Search Posts (huge, archived) – http://www.birthfamily.com/bmom2amy/coverpage.html
or http://www.birthfamily.com/bmom2amy/SearchPosts.html
* Registry, Donor Offspring/Parent – http://amfor.net/DonorOffspring/
* Registry, Date of Birth – http://adoptionregistry.com
* Registry, First Names (unique names) – http://www.genealogytoday.com/names/first/unique.html
* Registry, First Name & Birth Date – http://www.skylace.net/adoption/g-firstnames.php3
* Registry, International Soundex Reunion (oldest/largest) – http://www.isrr.org/
* Registry, National Next of Kin – http://www.nokr.org/nok/restricted/home.htm
* Registry, Orphan Trains – http://www.adoptiontriad.org/library/weekly/aa030398.htm
* Registry, Twins Reunion, National – http://home.www.geocities.com/Heartland/Acres/9942/twinregform.com/
* (see also Twin Adoption Web Ring of individual websites)
* Search Angels – (by state; free/expenses only; careful–some fee-based searcher ads too) – http://www.the-seeker.com/angels.htm
* Scotland Adoptees – email: think@charity.vfree.com/
* Social Security Locator Services (Free Messaging) – Write to:
Social Security Administration Location Services,
6401 Security Boulevard
Baltimore, MD 21235
* State-Specific Search Help – http://members.aol.com/deitrahs/
* Terminal Illness Emergency Search (TIES) – if available; check search engine for any new volunteers’ listings- http://www.ties-search.org/
* ULTIMATE SEARCH BOOK – http://UltimateSearchBook.com/
* Unlisted Phone Search (fee) – http://www.phonesearches.com/
* Unlisted Phone Search (US & Canada; fee) – http://www.infoplaza.com/
* Vietnam Reunion Planning (Holt Agency; fees) – email: reunion@holtintl.org
* Vital Statistics Online (Links for state-held public records) – http://vitalrec.com/
* Volunteer Search Network – http://www.vsn.org/
* Voter Registration online – (check search engines by State)
* Who Me? – http://who-me.com/
* Worldwide Phone Directories – http://www.contractjobs.com/tel/
* Yearbook Attic; Yearbook Lady – http://www.geocities.com/Heartland/2236/attic2.html
BIRTH INDEXES
(including those searchable by birth date & either birth or adoptive names, cross-referenced)
* Family Birth Records Search (by State) – http://www.familybirthrecords.com
* CA – Colleen Buckner (fee) – therighttoknow@hotmail.com
AdoptionSearchCalifornia.com and TheRightToKnow.info
* CA – 1905-1995 – http://searches.rootsweb.com &
http://www.vitalsearch-ca.com/gen/ca/_vitals/cabirthm.htm
* CA – Adoptee Amended Names 1904 thru 1991 – Paul Winston Services,
827 Pacific Ave., #178,
San Francisco, CA 94133;
(415) 956-9817
* CA – Pat Bowers – patkb@ix.net/
* CT – Lucille Shea (fee only if found) – LucilleShea@prodigy.net/
* FL – http://www.geocities.com/preston081/publicrecords.html
* IN – Birth Indexes available from LDS Family History Library
* KY – (also some CA & OH; fee) – Caroline Prowser – HUMNGBRD@aol.com
* MO – State Dept of Health sells “all born in state” for about $30 per date searched
* NY – 5 boroughs (Brooklyn, Bronx, Queens, Manhattan, Staten Island) indexes available to public; for legwork contact Joe Soll cera@idt.net
* NY – rest of state – contact Joe Soll/Adoption Crossroads – cera@idt.net
* SD – Pre-1900 (need year & name) – http://searches.rootsweb.com/
* TX – http://ABORN.org – if not online at http://www.tdh.texas.gov/bvs/registra/birthdx/birthdx.htm
* TX – 1926-1949 & 1950-1995 (need name & year) – http://searches.rootsweb.com/
DEATH INDEXES
* http://www.ancestry.com/search/
* Death Index, Supplemental – Ameridex database for Deaths not on Social Security Death Index; small fee – http://kadima.com/prices.html
* Find A Grave (International – by state, province, country) – http://www.findagrave.com/tocs/geographic.html
* Ranch Hands Index – http://searches.rootsweb.com/
* http://ssdi.rootsweb.com
RESEARCH LINKS -
alphabetical adoption reference resources, for:
o activists,
o litigants
o writers,
o chat
* A-Team (Father’s Rights, legal referral) – http://www.a-team.org/
* Abolish Adoption, A Petition – http://amfor.net/
* ABOLISH ADOPTION-CANADA – http://abolishadoptioncanada.com
* Addiction & Adoptees – http://www.amfor.net/chosenchildren.html
* Adopt-A-Quote – http://www.amfor.net/adoptaquote.html
* Adoptees & Birthparents for Open Records Now/ABORN- http://ABORN.org/
* Adopting Back Our Children – http://www.geocities.com/families_healed/index.html
* Adoption Connection – http://www.geocities.com/geoadopt/
* Adoption Deaths/Jean Paton – http://www.geocities.com/orphanvoyage1953/jean.html
* Adoption Forums – http://forums.about.com/ab-adoption
* Adoption Horror Clips and Adoption Newswire- http://www.geocities.com/Heartland/Prairie/6743/oct2.html
* ADOPTION (Horror) NEWS, by Country – http://adoptionnews.org/news.asp
* Adoption and Disclosure Laws by State – http://laws.adoption.com/statutes/state-adoption-laws.html
* Adoption: Legalized Lies (ALL) – http://www.geocities.com/antiadoption/
* Adoption Medical Victims – http://members.aol.com/deitrahs/
* Adoption Newsletters Directory – http://www.familyhelper.net/ad/adnlu.html
* ADOPTION NEWSWIRE – http://www.geocities.com/Heartland/Prairie/6743/oct.html
* Adoption Research and Stats – http://adoption.about.com/cs/researchreports
* Adoption Scams – http://www.a-team.org/f_custody_b.html
* Adoption System (expose) – http://www.amfor.net/chosenchildren.html
* American Civil Liberties Union (ACLU) – http://www.aclu.org/
* AMERICAN FAMILY RIGHTS ASSN. (AFRA) – http://www.familyrightsassociation.com/members/membership.html http://familyrightsassociation.com/horror_stories/index.html http://parentnews.net/~parent_stories/
* Anti-Adoption: What Does it Mean? http://members.tripod.com/reuniting/anti_adoption.html
* Australia’s Origins Inc – http://www.angelfire.com/or/originsnsw/
* Baby Theft (Joanne Swanson) – http://www.babytheft.org/index.htm
* Bastard Nation (adoptee activists) – http://www.bastards.org
* Biblical View (Open Adoption) – http://www.pactadopt.org/press/articles/biblical.html
* Birthmothers for Open Records Now/BORN – http://born123.homestead.com/
* Blue Ribbon Online Free Speech – http://www.eff.org/blueribbon.html
* Child Custody Law Firms Search site – http://ChildCustodyLawFirms.com
* Child Guardianship Law – http://consumer.findlaw.com/topics/child/nolo/nature.html
* CPS Watch (Child Protection Services abuses) – http://www.cpswatch.com/
* Concerned United “Birth”parents (CUB) – http://www.cubirthparents.org/
* Directory of Pro Bono Attorneys, by State http://www.abanet.org/legalservices/probono/directory.html
* FindLaw: http://www.findlaw.com/
* German Adoptees Newsletter – http://hometown.aol.com/wmlgage/gd/gd.htm
* Ghost Dancer – http://www.geocities.com/Wellesley/9950/
* Global Internet Liberty Campaign – http://www.gilc.org/
* Green Ribbon Cam/Open Records- http://www.50megs.com/levgen/grcampaign.html
* Incarcerated Adoptees – http://www.amfor.net/chosenchildren.html
* Libraries on the Web – http://sunsite.berkeley.edu/Libweb
* Mothers Exploited By Adoption – http://www.firstmoms.org
* Mothers In Exile – http://www.exiledmothers.com
* Mouvement Retrouvailles (French/Eng) – http://www.mouvement-retrouvailles.qc.ca/
* Musser, Sandy – http://www.angelfire.com/fl2/musser/
* Natl. Adoption Information Clearinghouse (NAIC) – http://www.childwelfare.gov/
* Natural Families – (support for staying together!) – http://www.naturalfamilies.org
* Newspaper Archives (all states) – http://www.newslibrary.com/
* Non-Attorney Representation – http://www.amfor.net/nonattorney.html
* Origins USA-(Legislative Inquiry) – http://originsusa.org
* Orphan Voyage Memorials – http://www.geocities.com/orphanvoyage1953/jean.html
* Pro Se Legal Help – http://www.legalfreedom.com/prc/
* Statistics of Adoption – http://www.amfor.net/statistics.html
* Sunflower “Birth”moms (700+ members) – http://www.bmom.net/ (Click subscribe)
* Support for Pregnant Women & Exiled Mothers – http://www.keepyourbaby.com
* Ultimate Search Book- http://www.amfor.net/ultimatesearch.html
* U.S. National Archives – http//www.nara.gov/
* Voices of Adoption Chat – http://www.ibar.com/chat-o-rama/
car dealer assisted financing is hardly a secret, the car buyers bill of rights and the FTC red flag rules make the car dealer’s obligations very clear no comments
20/20: Beware the Car Dealer’s Secret
20/20’s Arnold Diaz Has Important Info for Car Buyers
On today’s 20/20, Arnold Diaz warns car buyers about the hidden charges car dealers may tack on during the purchase of a car.
According to consumer attorney Gary Klein, “It’s a dirty little secret that the auto lending industry has not owned up to.”
It works like this. Car dealers do not do the actual money lending, but send your application to a number of lenders, who then tell them what interest rate you qualify for. They call that number the “buy rate.” But legally, car dealers are not required to tell you that rate or how much they are marking up the loan. Dealers get a small fee for arranging loans at the buy rate, but can make a lot more money if they can get you to pay a higher rate. And lenders encourage that because they usually split the extra income.
David Robertson, head of the Association of Finance and Insurance Professionals — a trade group representing finance managers — defends the practice, saying it’s akin to a retail markup on loans. “The dealership provides a valuable service on behalf of the customer in negotiating these loans,” he says. “Because of that, the dealership should be compensated for that work.”
And there’s troubling evidence that black customers may be twice as likely as whites to have their rate marked up — and by more. That evidence — included in thousands of pages of confidential documents that 20/20 and The New York Times went into a Tennessee court to obtain — shows that Nissan and GM dealers in that state routinely marked up rates for blacks, forcing them to pay between $300 and $400 more than whites.
“The bottom line is that everyone who pays markup is affected by markup and is the victim of a secret policy, but blacks are victimized worse,” says Klein, a lawyer with the National Consumer Law Center (www.nclc.org) who is working on a discrimination lawsuit against GM Acceptance Corporation and Nissan Motors Acceptance Corporation.
The legal team in the discrimination suit filed against the two companies had an expert analyze thousands of confidential customer files from Tennessee Nissan and GM dealers and say they reveal a pattern of discrimination. In Nissan’s case, white customers loans were marked up an average of $507 — but black customers faced a $969 markup. At the GM dealers, blacks paid $315 more in markup than whites. In statements, both companies say this analysis is “seriously flawed” and point out that their loan application does not ask the buyer’s race. Both the companies and the dealers insist they do no tolerate any racial discrimination.
Prep Before You Shop So how do you ensure you’re not paying more than you should? Before you approach a dealer, get online and compare rates. You can find some Web links on the right. BanxQuote (www.banx.com) and Bankrate.com (www.bankrate.com) provide various lenders’ rates for new and used car loans. You can apply online for a loan through LendingTree.com (www.lendingtree.com). Plug in your salary and preferred payment structure, and LendingTree will return three to four different rates, giving you more information to bargain with dealers, or sidestep them completely.
And for a $3.95/monthly fee, Consumer Reports Online (www.ConsumerReports.org) can be a valuable tool for car buyers. The site contains information on more than 200 car models, including test results, ratings and survey results about vehicle reliability and driver satisfaction. Edmunds.com (www.edmunds.com) is another choice for car facts and pricing on new and used models. Finally, the Kelley Blue Book (www.kbb.com) will tell you how much your current car is worth, a valuable tool when considering a trade-in.
car dealer fraud can affect hundreds of customer and cost millions of dollars no comments
Fraud
car dealer indicted for scheme involving millions of dollars
By Craig Davison
1-866-362-2167 Ext. 13865
cdavison@heraldargus.com
LA PORTE — A local used car dealer was indicted in U.S. District Court in Ohio for his alleged role in a wire fraud scheme that involved almost 700 cars and millions of dollars.
James L. Howard, of Howard Autos, Inc. in La Porte, and Thomas C. Wilson face 10 counts for a scam to defraud the car dealership Wilson worked for in Paulding, Ohio.
Wilson sold used cars owned by his employer, Stykemain Chevrolet, to Howard, and took some or all of the money, according to the indictment.
The document said Wilson would direct Howard to pay for the vehicles, but to make the checks payable to the dealership or to Wilson. It said Howard knew Wilson would “keep all or a portion of the proceeds, all of which should have gone to Stykemain Chevrolet.”
Wilson caused the delivery and transfer of about 680 vehicles owned by Stykemain, with a value of approximately $8.6 million, to Howard Autos, Inc.
The indictment said that Howard wrote checks of about $5 million to Stykemain Chevrolet and about $1.8 million to Wilson.
It alleges Howard deposited more than $1 million in checks payable to Wilson into Wilson’s personal bank account. Wilson then would keep all or a portion of the funds for himself.
The pair communicated over interstate phone wires to arrange the fraudulent sales, leading to the wire fraud charges. The indictment lists 10 dates between 2005 and 2007 where the wire communications occurred for each count.
Paulding is located in northwestern Ohio and has a population of about 3,500, according to the last census. It is located about 30 miles east of Fort Wayne.


