Any transaction which is regulated by this chapter shall not be subject to the provisions of Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code, regulating transactions in identifiable secondhand tangible personal property. No person shall be considered a “secondhand dealer” within the meaning of Section 21661 of the Business and Professions Code because of activities regulated by this chapter.
Chapter 8Private Party Vehicle Markets
Section § 12101
This law section makes it clear that if a transaction is governed by this chapter, it doesn’t fall under the rules that usually apply to buying and selling secondhand goods in California. Basically, if you’re involved in transactions covered by this chapter, you won’t be treated as a “secondhand dealer” under the usual rules for secondhand tangible property.
regulated transaction secondhand tangible property secondhand dealer Business and Professions Code transaction exemption tangible personal property Section 21625 Division 8 Chapter 9 California commerce rules secondhand dealer definition tangible property transactions business regulation provisions exemption personal property sale rules
Section § 12102
This law defines terms related to the 'private party vehicle market' in California. A 'private party vehicle market' is any event where two or more vehicles are offered for sale, and certain conditions apply, like charging a fee for displaying vehicles or for buyers to enter. If such an event happens more than six times a year at the same place and is not run by licensed dealers, it falls under this category. The person managing such an event is called a 'private party vehicle market operator,' and anyone selling or offering vehicles there is termed a 'vendor.' Events run by licensed dealers are not considered private party vehicle markets.
The following definitions apply with respect to this chapter:
(a)CA Vehicle Code § 12102(a) “Private party vehicle market” means any event conducted under any of the following circumstances:
(1)CA Vehicle Code § 12102(a)(1) An event at which two or more vehicles are offered or displayed for sale or exchange and a fee is charged for the privilege of offering or displaying the vehicles for sale or exchange.
(2)CA Vehicle Code § 12102(a)(2) An event at which a fee is charged to prospective buyers for admission to the area where vehicles are offered or displayed for sale or exchange.
(3)CA Vehicle Code § 12102(a)(3) An event, other than one conducted by a person listed in subdivision (a) of Section 286, at which used vehicles are offered or displayed for sale or exchange if such event is held at the same place more than six times in any 12-month period, regardless of the number of persons offering or displaying vehicles or the absence of fees.
(b)CA Vehicle Code § 12102(b) “Private party vehicle market operator” means any person who controls, manages, conducts, or otherwise administers a private party vehicle market.
(c)CA Vehicle Code § 12102(c) “Vendor” means any person who exchanges, sells, or offers for sale or exchange any vehicle at a private party vehicle market.
(d)CA Vehicle Code § 12102(d) Any event arranged or sponsored, or both, by a dealer licensed pursuant to Division 5 (commencing with Section 11100) shall not be considered a private party vehicle market.
private party vehicle market vehicle sale events vehicle exchange fee for vehicle display buyer admission fee used vehicle sales vehicle market operator vendor licensed dealer exclusion event frequency California vehicle market vehicle event regulations market management used vehicle market vehicle sale definitions
Section § 12103
This law requires operators of private vehicle markets to keep detailed records of vehicles sold or exchanged for at least one year. The records must include the vendor's name, driver's license number, and details about the vehicle like its registration number, vehicle identification number (VIN), certificate of compliance, make, model, and color.
These records must be available to any police officer or designated employee from the department upon request.
(a)CA Vehicle Code § 12103(a) Every private party vehicle market operator shall maintain a record, for not less than one year, of all of the following information:
(1)CA Vehicle Code § 12103(a)(1) The name of each vendor selling, exchanging, or offering for sale or exchange, any vehicle at a private party vehicle market.
(2)CA Vehicle Code § 12103(a)(2) The vendor’s driver’s license number.
(3)CA Vehicle Code § 12103(a)(3) The registration number assigned to the vehicle and the vehicle identification number.
(4)CA Vehicle Code § 12103(a)(4) The number of the vehicle’s current and valid certificate of compliance.
(5)CA Vehicle Code § 12103(a)(5) The make, model, and color of the vehicle.
(b)CA Vehicle Code § 12103(b) That information shall be made available, upon request, to any peace officer and to any employee of the department designated by the director.
private vehicle market vehicle sale recordkeeping vendor information driver's license number vehicle registration number vehicle identification number certificate of compliance vehicle details law enforcement access record retention peace officer request vehicle market operator obligations seller information vehicle make and model vehicle color
Section § 12104
This law requires private vehicle market operators to provide vendors with the necessary forms for vehicle ownership transfers. Additionally, they must share all public information about the legal requirements for transferring vehicle ownership between private individuals who aren't car dealers.
(a)CA Vehicle Code § 12104(a) Every private party vehicle market operator shall supply, to vendors, sufficient forms which are necessary to comply with Section 5900.
(b)CA Vehicle Code § 12104(b) Every private party vehicle market operator shall supply, to vendors, all information made available by the department to the general public regarding all existing provisions of law pertaining to requirements for the transfer of vehicle ownership and registration between parties who are not dealers.
private vehicle market vehicle ownership transfer vendor forms ownership registration non-dealer transfers ownership transfer requirements vehicle market operators transfer of vehicle ownership compliance forms vendor information transfer regulations vehicle registration private vehicle sale vehicle transfer procedures ownership transfer compliance
