Motor vehicle dealer sales checklist

Key requirements under the Motor Vehicle Dealers Act

As a licensed motor vehicle dealer you must:

  • Ensure your licence is current and that you have a current certificate of authorised premises for your place of business.
  • Ensure that the motor vehicle salespersons and yard managers you employ have a current licence issued by the Commissioner for Consumer Protection.
  • Ensure that you have a dealer's register (Form 1) for each authorised premises you operate and that it is updated daily.
  • Use mandatory sales document forms. Sales contracts, clear title and statutory warranty forms all need to be used in the proper form and process at the time of sale.
  • Ensure a licensed motor vehicle dealer or yard manager is in charge of each separate place of business in a multi-site operation.
  • Establish and maintain office systems to keep accurate records, including systems for a transaction register, trust account (where applicable) and business account.
  • Ensure motor vehicle sales premises, including signage, are approved by the relevant local government authority.
  • Know your responsibilities under the Motor Vehicle Dealers Act and Regulations. Dealers can view the Motor Vehicle Dealers Act free online on the State Law Publisher's website.
  • Keep your sales stock within the boundaries of your licensed premises.
  • Publish your dealer name and licence number in all advertisements.
  • Use vehicle sales contracts approved under the Motor Vehicle Dealers Act.
  • Open a trust account if you engage in consignment selling.

We also recommend that you:

  • Display your licence in a prominent position so that it can be seen clearly by the public.
  • Ensure motor vehicle salespeople's licences are available to show anyone involved in a motor dealing transaction.
  • Maintain licensed employees' details, including the expiry date of their certificates, in the dealership's employment register.
  • Initiate and maintain a staff training program so that all salespersons are aware of their responsibilities to customers in the selling process.

Motor vehicle salespersons and yard managers must:

  • Inform the Commissioner for Consumer Protection in writing of any change of employment within 14 days of the change taking place.
  • Inform the Commissioner for Consumer Protection in writing of any change of residential address within 14 days of the change taking place.

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