1. (a) A licensed dealer is permitted to engage in consignment sales without being licensed as a wholesale vehicle auction or public or retail vehicle auction, as defined in section 2 of the act (63 P. S. § 818.2), if the dealer meets the requirements of this section.

2. (b) The dealer shall maintain the following documents at the lot where the vehicle is displayed:

   1. (1) A copy of a separate written consignment agreement with the consignor for each vehicle. The written consignment agreement shall contain the following information:

      1. (i) The name and signature of the consignor.
      2. (ii) The make, model, year, vehicle identification number, and license plate number of the vehicle.
      3. (iii) The length of the consignment period.
      4. (iv) The terms of sale, including the minimum selling price, if any, and the amount of or formula for determining the dealer’s commission.
      5. (v) The terms of insurance coverage during the period of consignment, including the name, address and telephone number of the consignor’s insurance agent, if any.
      6. (vi) The express identification of any warranties extended by the consignor.
      7. (vii) The name and address or telephone number of all current lien holders, together with the account number for each lien.
      8. (viii) Any material facts relative to the vehicle, including accident history known to the seller, vehicle condition and odometer disclosure.
   2. (2) A copy of the current registration card.
   3. (3) A copy of the title or a print-out of an electronic lien verification.
3. (c) The dealer shall have the title of the vehicle assigned from the consignor to the dealer prior to applying for title in the name of the buyer.
4. (d) Whenever a vehicle is displayed for sale on consignment, the dealer shall disclose in writing in at least 20-point bold type on or attached to the vehicle that the vehicle is held on consignment and is not owned by the dealer.
5. (e) A dealer may not deliver a vehicle on consignment sale without having all title, lien and registration documents signed by the buyer or consignor, or both, as appropriate.

Authority

The provisions of this § 19.18a issued under sections 4(9) and 5(f)(3) of the Board of Vehicles Act (63 P. S. § § 818.4(9) and 818.5(f)(3)).

Source

The provisions of this § 19.18a adopted August 27, 2004, effective August 28, 2004, 34 Pa.B. 4691.