18/09/2021
BIG NEWS FOR NC DEALERS!
This is part of SL 2021-146, it allows home delivery! Please remember that the FTC has some very specific requirements for home deliveries, I cover that in this year's Continuing Education class!
PERMIT LIMITED OFF-PREMISES SALES ACTIVITIES SECTION 15.
G.S. 20-292 reads as rewritten: "§ 20-292. Dealers may display motor vehicles for sale at retail only at established salesrooms.
(a) A new or used motor vehicle dealer may display a motor vehicle for sale at retail only at the dealer's established salesroom, unless the display is of a motor vehicle that meets any of the following descriptions:
(1) Contains the dealer's name or other sales information and is used by the dealer as a "demonstrator" for transportation purposes.
(2) Is displayed at a trade show or exhibit at which no selling activities relating to the vehicle take place.place and contains the dealer's name and business location.
(3) Is displayed at the home or place of business of a customer at the request or with the permission or consent of the customer.
(b) Nothing contained in this section or in any other provision contained in Article 12 of this Chapter shall be deemed to prohibit or restrict a new or used motor vehicle dealer or an employee, agent, or contractee of a new or used motor vehicle dealer from doing any of the following:
(1) Delivering a motor vehicle purchased or leased by a customer to the customer's home or place of business or having a customer execute forms and other documents relating to vehicle purchase, lease, titling, registration, financing, insurance, and other products and services provided to the customer by or through the dealer that are presented to a customer at the customer's home or place of business by any employee or authorized agent of the dealer; provided, however, that all such forms and other documents have been fully agreed to and were fully completed in advance of their presentation to the customer, no additional negotiations or modifications related to the content of any of these forms or other documents take place, and no modifications are made to the content of any of these forms and other documents other than the correction of clerical or typographical errors.
(2) Having any employee or authorized agent of the dealer explain vehicle operation, features, care, and warranties to the customer at the time the customer's vehicle is delivered.
(3) Retrieving from the customer's home or place of business a motor vehicle that has been sold by the customer to the dealer.
(c) This section does not apply to recreational vehicles, house trailers, or boat, animal, camping, or other utility trailers."
SEVERABILITY CLAUSE SECTION 16. If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part so declared to be unconstitutional or invalid.
EFFECTIVE DATE
SECTION 17. Sections 1 through 11 and Sections 13 through 16 of this act are effective when they become law and apply to all current and future franchises and other agreements in existence between any new motor vehicle dealer located in this State and a manufacturer or distributor as of the effective date of this act.
Section 12 of this act becomes effective January 1, 2022, and applies as of that date to all existing and future programs and policies of all manufacturers and distributors having any franchised dealers in this State. Except as otherwise provided, the remainder of this act is effective when it becomes law. In the General Assembly read three times and ratified this the 1st day of September, 2021
