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If your leasing or rental company sells its returned units to the public, the California DMV wants a $50,000 bond on file before it issues or renews the lessor-retailer license. Get the bond on form OL 25C with the name exactly as it appears on your license application, and the DMV has one less reason to bounce the file.
California Vehicle Code 11612 requires a lessor-retailer to file the same bond a vehicle dealer files under section 11710 before the license is issued or renewed. That is $50,000, or $10,000 if the business deals only in motorcycles or all-terrain vehicles. The DMV form is OL 25C, written to the People of the State of California by an admitted surety insurer. Claims follow the same rules as dealer bond claims under section 11711.
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The DMV says you need this license if you sell previously leased or rented vehicles to the public. Three kinds of sale do not trigger it: a sale to an individual who has leased the vehicle for at least one year, a sale to a buyer for agricultural, business or commercial purposes, and a sale to a government agency.
Vehicle Code 11600 makes it unlawful for a lessor-retailer to make a retail sale without first holding either a vehicle dealer license or a lessor-retailer license or temporary permit.
Section 11612 does not set its own figure. It borrows the dealer bond rules in sections 11710 and 11710.2. Section 11710 sets the dealer bond at $50,000, except for a business dealing exclusively in motorcycles or all-terrain vehicles, which posts $10,000. The DMV lists form OL 25B for motorcycle lessor-retailers and OL 25C for everyone else. Form OL 25C prints the $50,000 figure with no blank to change it.
The bond is conditioned that the licensee will not practice fraud or make a fraudulent representation that causes a monetary loss to a purchaser, seller, financing agency or governmental agency. Any claim that could be made against a dealer bond under section 11711 can be made against a lessor-retailer bond.
Under OL 25C the bond runs concurrently with the license period and carries forward through each successive license period. The surety may cancel in accordance with Article 13 of the Code of Civil Procedure, beginning with section 996.310.
The DMV also accepts a Deposit Agreement and Assignment on form OL 25E in place of the surety bond.
The DMV exempts sales to an individual who has leased the vehicle for at least one year. If every retail sale fits that exception, or goes to a commercial buyer or government agency, the lessor-retailer license is not triggered by those sales.
Yes. Section 11612 adopts the dealer rules in section 11710, which drop the bond to $10,000 for a business dealing exclusively in motorcycles or all-terrain vehicles. The DMV uses form OL 25B for that bond.
Vehicle Code 11600 lets a lessor-retailer make retail sales under either a vehicle dealer license or a lessor-retailer license. Confirm with the DMV Occupational Licensing branch which license your sales activity falls under before adding another bond.
Anyone with a claim that section 11711 allows against a dealer bond. The bond covers fraud or fraudulent representation causing monetary loss to a purchaser, seller, financing agency or governmental agency.
Yes. The DMV accepts a Deposit Agreement and Assignment on form OL 25E as an alternative to the surety bond.
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