You must
submit your dealer application through the TxDMV eLICENSING
website. Your application must be submitted online. The
TxDMV no longer accepts dealer license applications by mail.
You may submit your dealer license application at
www.TxDMV.gov and scroll
down on the home page and click on eLICENSING login to
begin.
The
application process is quite extensive and must be completed
correctly and in its entirety. Mistakes on your dealer
application can cause significant delays in your licensing
process. If you need assistance during the eLICENSING
process you may call 888-368-4689. We will submit a dealer
license application online later in your dealer training
course.
You
must be fingerprinted before you receive your dealer license from the TxDMV.
The TxDMV must
review your criminal history and the criminal history of all
owners and managers listed on the license. ALL owners and
managers MUST disclose all prior offenses – both convictions
and those that resulted in deferred adjudication in any
jurisdiction. When your application is on file with the
Texas Department of Motor Vehicles you will be directed to
obtain your fingerprints from IdentoGO. It is very important
that you do not obtain your fingerprints until directed by
the TxDMV to report to your fingerprint location.
The
existence of a criminal history does not automatically
disqualify a person from gaining a dealer’s license. The
TxDMV will review criminal history on a case by case basis.
When you complete the information when applying for your
license through the eLICENSING system you must answer all
questions correctly. If you make false statements during
your application process you may have your licensed denied,
cancelled, or suspended. You may also face criminal
prosecution. If you or any owners/managers have a criminal
history court records must be submitted with your dealer
application.
You must
have a place of business to be used for the purpose of
selling motor vehicles. It must be located in a building
with connecting exterior walls on each side. The building
must meet all local zoning requirements. You must have an
office in the building for the operation of your dealership.
The office cannot be located within an apartment house,
hotel, motel, or rooming house. If the office is located at
a private residence, it must be completely separate from the
actual residence and must meet the zoning requirements from
that city or county. Your office must include, at minimum, a
desk, two chairs, internet access, and a working telephone
listed in your dealership name. A dealer phone number may
never be shared with another dealer. Wireless internet
access is acceptable. If a dealer shares their location with
another business, the dealer must have their own office
area.
Before you rent or purchase a
building to operate your dealership you must contact your
local planning and zoning office at your city hall or county
courthouse to ensure you may operate a dealership at that
location. TxDMV Enforcement Officers may request
documentation to ensure all zoning requirements have been
met.
The dealer must own the property
where the license is located or must lease the property for
the entire term of the dealer’s license. If the building is
being leased, the lease must be for no less than 2 years.
Your lease may not expire before your dealer license
expiration date. A Certificate of Occupancy (COO) is
required if a COO is required by the city or county. The
State allows up to four retail dealers or up to eight
wholesale dealers to operate out of one business building.
Retailers and wholesalers may not share a building.
You must
have a display area has sufficient space to display 5 of the
vehicle types the dealer is selling. Those spaces must be
reserved exclusively for the retail dealer's inventory and
may not be shared or intermingled with another business or a
public parking area, a driveway to the office, or another
dealer's display area.
The
display area may be located outside of the building or
inside the building. This retail sales area must be kept
separate from any wholesale vehicles being held for resale.
The display lot cannot be a driveway and must be a hard
surface such as concrete or gravel. Some local zoning
ordinances may require a dealer display lot to be paved. The
lot must meet all local zoning requirements.
The display lot must be separated
from any other business, repair shop, a driveway to the
office, or other dealership’s display area. If a retail
dealer shares a display area or parking area with another
business, including another dealer, the dealer inventory
must be separated from the other business’s display lot or
parking area by a material object or barrier which cannot be
readily moved. Such separation must be properly maintained
during the entire period for which a used motor vehicle
dealer license is held. If a dealer is going to operate at
night the display area must be illuminated.
Dealers
can have a display area which is not part of the lot. The
display area must be located at the retail dealer's business
address or next to the retail dealer's address. A storage
lot which is not next to the retail dealer’s address is
permissible only if there is no public access and no sales
activity occurs at the storage lot. A sign stating the
retail dealer's name, telephone number, and the fact the
property is a storage lot is permissible. You may never have
any sales activity on the storage lot. If your customer is
interested in a vehicle which you have on a storage lot, you
or a salesperson, would need to bring the vehicle from the
storage lot to the retail sales lot to show the vehicle. You
may never have sales activity on a storage lot.
All retail
sales activity must take place at the licensed location
only. Retail and salvage inventory must be also kept
separate. Wholesale vehicle dealers are exempt from the
display area requirement.
You will
need a permanent business sign which is visible from the
public roadway. The dealership name on the sign must be at
least 6 inches or larger. The business name on the sign
should match either the DBA certificate filed with the
county (for sole proprietors/general partnerships) or the
business name/DBA registered with the Texas Secretary of
State (if a corporation/LLC/LP).
The sign must be mounted at the
address listed on the dealer application. Your sign must
match the exact name of your dealership as it is listed on
your dealer’s application. The sign is not required to have
business entity information such as Inc., LLC, LP, etc. The
sign must be permanent in nature and be clearly visible to
the public. A banner is not an acceptable business sign nor
are magnet boards or handmade cardboard signs. A dealer may
use a temporary sign as long as they can produce a sign
order which shows a sign has been paid for an ordered. Most
printing companies can produce a permanent business sign at
minimal costs.
Wholesale
dealers must follow GDN requirements (permanently mounted
outside sign with 6-inch letters) but may mount a sign on
the office door with 2-inch letters if the landlord does not
allow outside signage.
Each
dealer must post their own business hours if an office is
shared and a dealer’s hours must be posted even if a
location is shared with another type of business. Be sure
the letters in the dealership name meet the minimum height
requirements under Texas law.
A retail
dealer must be open at least 4 days a week for at least 4
consecutive hours per day. A wholesale dealer must be open
at least 2 days per week for at least 2 consecutive hours
per day.
Business
hours must be prominently displayed near the entrance to the
building. You may post your business hours on the front of
the building, on a window, or on the business sign.
The
dealership must be open and staffed during the posted hours
of operation. The dealer must be staffed by an owner or bona
fide employee. If you are not able to staff the dealership
during the posted hours due to an emergency, or special
circumstances, you must post a sign which states the date
and time which you will return. If the dealer ever changes
the hours of operation the TxDMV does not have to be
notified. Any customer must be able to view your vehicle
inventory without an appointment.
Regardless of the retail dealer's
business hours, the retail dealer's telephone must be
answered from 8:00 a.m. to 5:00 p.m. weekdays by a bona fide
employee, answering service, or answering machine.
Texas Blue Law prohibits a motor
vehicle dealer from selling vehicles on a consecutive
Saturday and Sunday. A dealer may not sell vehicles on
Saturday and Sunday on the same weekend. Travel trailer and
trailer/semitrailer dealers may operate 7 days a week. If a
person holds a motor vehicle license and a trailer license,
they may open on Saturdays and Sundays but cannot sell motor
vehicles on a consecutive Saturday and Sunday. Motor
vehicles may only be sold on a non-consecutive Saturday or
Sunday.
Most
persons must obtain a $50,000 dealer surety bond in order to
obtain a Texas Used Motor Vehicle Dealer's License. The name
on the surety bond must match exactly the name on the dealer
application filed with the TxDMV and as registered with the
Secretary of State. If you are operating your dealership as
a Sole Proprietor or General Partnership, the name on the
bond must match be issued in the first and last name of the
Sole Proprietor or General Partnership.
State law requires notice of the
surety bond and the procedure by which a claimant may
recover against the surety bond to be posted next to your
dealer license.
The surety
bond is used for replenishing funds used to compensate
retail purchasers of motor vehicles. The bond must be issued
for 2 years and must start on the first day of the month and
end on the last day of the month of your dealer licensure
term. You must maintain your bond during entire licensure
period.
The bond
must be signed by the dealer and the bonding representative.
The bond must include a proper Power of Attorney from the
bonding company. Franchisees, travel trailer dealers, and
utility/semitrailer dealers are exempt from the dealer
surety bond requirement. Dealer surety bond pricing is based
on your credit score and can be obtained by an insurance
agent or bonding company.
Many
dealers must register the business name with the Texas
Secretary of State and include copies of each registration
with your dealer application. The Texas Secretary of State
wants to have a record of every business which is operating
the in the state. Sole Proprietors & General Partnerships
are excluded; however, Sole Proprietors and General
Partnerships must file a DBA/Assumed Name Certificate in any
county they operate if they are using a name other than
their proper name.
Registering your business with the Secretary of State is
covered in great detail later in your dealer training
course. For additional information on registering your
business you may contact the Texas Secretary of State
Business & Commercial Section via email at
corpinfo@sos.texas.gov or call them at 512-463-5555.
Any dealer that offers assistance with any type of financing must be licensed with the Texas Office of Consumer Credit Commissioner. You can obtain the license at www.occc.texas.gov or you may call 512-936-7600 for further information. We will cover licensing with the Office of Consumer Credit Commissioner extensively later in the course.
You must
maintain records on all vehicles purchased, leased, and sold
for a minimum of 48 months. The current and previous 13
months of records must be kept at the dealer’s licensed
location to be ready for inspection by a TxDMV
representative. The remaining 35 months records can be
stored at a location other than the licensed location.
Records may be stored either via
paper or electronically for a period of at least 4 years.
Federal laws require some records be kept at least 5 years.
We will review an entire section on exactly what records to
keep later in your course.
The Employment Eligibility Verification Form I-9 is a U.S. Citizenship Immigration Services form. It is used by an employer to verify an employee's identity and to establish the worker is eligible to accept employment in the United States. You can find the form at www.uscis.gov . Federal law requires you to complete this form for every person whose name appears on the dealer license and all future employees. You do not need to submit this form with your application but you must store a copy of the form at the dealership location.
Before
submitting your dealer application, most persons must obtain
an Employer Identification Number which is also known as an
EIN. This number is used to identify the new business you
are starting and will be needed for tax purposes.
Obtaining this number is a very
quick and easy step which will only take a few minutes. You
can easily apply at http://www.irs.gov or directly at
https://sa.www4.irs.gov/modiein/individual/index.jsp
and have your new Employer Identification Number in a matter
of moments.
If a Sole
Proprietor has employees, then an EIN is needed and may be
used. SSNs may be used if the Sole Proprietor is the only
employee of the business.
Applying for an Employer
Identification Number is covered extensively later in the
course.
Many persons applying for a Texas Independent Motor Vehicle GDN for the first time are required to take a 6-hour web-based dealer educational course. The training is required if you are selling cars, trucks, motor homes, neighborhood electric vehicles, recreational off-highway vehicles (ROV), all-terrain vehicles (ATV), and utility vehicles (UTV). The person taking the course must be an owner or manager listed on the application. You will receive a Certificate of Completion at the end of this course. Be sure to upload the certificate in your dealer application submission.
The fees
for your General Distinguishing Number (dealer license) are
listed below. Your license fees can be paid with credit card
or eCHECK. This example shows fees which include one
optional metal plate:
General
Distinguishing Number $700.00
Metal Dealer Plate $90.00
Subtotal $790.00
Additional Plate $90.00 (optional)
$90.00
Grand Total $880.00