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Arizona sets the public consignment auction dealer bond at the top of its dealer scale, $100,000, and counts it per county. A surety bond lets an auction house meet that figure for each county where it has a place of business without holding six figures of cash against every location.
Arizona Administrative Code R17-5-402 sets the bond for a public consignment auction dealer license at $100,000, and requires a separate, original bond for each county in which the dealer has an established place of business. Under A.R.S. 28-4362 the bond names the State of Arizona as obligee, must be on a form approved by the ADOT director, and protects people who lose money when the dealer fails to pay prepaid title, registration or related fees or taxes, or fails to deliver a clean title.
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The $100,000 figure is not a single statewide bond. R17-5-402 requires a separate, original bond for each application and for each county in which an applicant or licensee has an established place of business. An auction house with sites in two counties files two $100,000 bonds.
R17-5-402 puts public consignment auction dealers in the same $100,000 tier as new and used motor vehicle dealers. Wholesale auction dealers, brokers and wholesale dealers sit at $25,000. A.R.S. 28-4301 defines a public consignment auction dealer as one that conducts live auctions with a licensed auctioneer verbally calling for and accepting bids, and provides live auction services to the public on a consignment contract basis, at its established place of business or an authorized off premises location. A wholesale motor vehicle auction dealer sells only to licensed dealers and does not buy, sell or own the vehicles it auctions. Selling to the public puts you in the higher tier.
A.R.S. 28-4362 says the bond protects any person who suffers a loss because the dealer did not pay customer prepaid title, registration or other related fees or taxes, or did not deliver a valid title certificate free and clear of prior owner interests and liens, other than a lien the buyer created or assumed in writing. For a consignment business handling titles for both sellers and buyers, those are the two exposures that matter most.
The bond must be on a form approved by the director, written by a surety authorized to do business in Arizona, with the applicant as principal and the state as obligee. It can be cancelled only on at least sixty days' prior notice to the director. ADOT requires an embossed stamp, seal or sticker from the bond company and will not accept a handwritten bond. The application also needs the filing fees under A.R.S. 28-4302 and a copy of the dealer's current transaction privilege tax license.
No. R17-5-402 requires a separate, original bond for each county in which you have an established place of business. Two counties means two $100,000 bonds.
R17-5-402 places public consignment auction dealers in the $100,000 tier with new and used dealers. The $25,000 tier applies to wholesale auction dealers, which sell only to licensed dealers. Auctioning to the public on consignment puts you in the higher tier.
Under A.R.S. 28-4362, any person who loses money because the dealer failed to pay prepaid title, registration or related fees or taxes, or failed to deliver a valid title free of prior owner interests and liens.
No. A.R.S. 28-4362 makes the bond cancellable only on at least sixty days' prior notice to the director.
ADOT wants an original bond bearing an embossed stamp, seal or sticker from the bond company, and it will not accept a handwritten bond.
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