Section 11713.11 Of Article 1. Issuance Of Licenses And Certificates To Manufacturers, Transporters, And Dealers From California Vehicle Code >> Division 5. >> Chapter 4. >> Article 1.
11713.11
. No holder of a dealer's license shall do any of the
following when conducting an auction of vehicles to the public:
(a) Advertise that a vehicle will be auctioned to the public
unless all of the following information is clearly and conspicuously
disclosed in the advertisement:
(1) The date or the day of the week of the public auction, or if
subdivision (b) applies to the auction, the date of the public
auction.
(2) The location of the public auction.
(3) Whether a fee will be charged to attend the auction and the
amount of that fee.
(4) The name and dealer number of the auctioning dealer.
(5) Whether a buyer's fee will be charged to a purchaser, in
addition to the accepted auction bid price, and, if the fee is a set
amount, the dollar amount of that fee. If the buyer's fee is not a
set amount, the advertisement shall state the formula or percentage
used to calculate the fee.
(b) If vehicles seized by a federal, state, or local public agency
or authority are being advertised, advertise that a vehicle will be
auctioned to the public unless, in addition to the information
required by subdivision (a), the following information is clearly and
conspicuously disclosed in the advertisement:
(1) A good faith estimate of the number of vehicles to be
auctioned at that date.
(2) A good faith estimate of the number of vehicles seized by a
federal, state, or local public agency or authority to be auctioned
at that date.
(c) Fail, on the day of auction, to identify each vehicle seized
by a federal, state, or local public agency or authority, either in a
printed catalog or orally, before bidding begins on the vehicle.
(d) Include in the total price of an auctioned vehicle any costs
to the purchaser at the completion of the sale, except the accepted
auction bid price, taxes, vehicle registration fees, any charge for
emission testing, not to exceed fifty dollars ($50), plus the actual
fees charged to a consumer for a certificate pursuant to Section
44060 of the Health and Safety Code, any dealer document preparation
charge not exceeding forty-five dollars ($45), and any buyer's fee.
(e) Charge a buyer's fee, unless the dealer conducting the auction
delivers to any person permitted to submit bids, and at a time prior
to accepting any bids from that person, a disclosure statement
required by this subdivision and signed by that person. The
disclosure statement, if the buyer's fee is a set amount, shall
disclose the amount of the fee, or if the buyer's fee is not a set
amount, disclose the formula or percentage used to calculate the fee.
The disclosure statement shall be on a separate 8 1/2 x 11 inch
sheet of paper. Except for the information set forth in this
subdivision, the disclosure statement shall not contain any other
text, except as necessary to identify the dealer conducting the
auction sale and to disclose the amount, percentage, or formula used
to calculate the buyer's fee, and to provide for the date and the
person's acknowledgment of receipt. The heading shall be printed in
no smaller than 24-point bold type and the text of the statement
shall be printed in no smaller than 12-point type and shall read
substantially as follows: