Did your car dealer have a bond?

Today we have a guest blog visit from an author who deals with motor vehicle sales and warranty issues in the context of car dealer bonds that some states require a person to post in order to get or renew a car dealer license to sell cars to the public. Bonds like this are often required, or else some other assurance of financial solvency, to show their intent to follow the state dealer license laws. The whole subject of car dealer bonds can be confusing and often misunderstood. Today Danielle Rodabaugh from SuretyBonds.com gives us the following helpful explanation.

What are surety bonds, and how do they affect the auto industry?

We've all head horror stories of friends who were taken by unethical auto dealers who were looking to do nothing more than pull the wool over their eyes to turn a quick, unfair profit. What you might not know about, however, are the steps the government takes to limit instances of auto dealer fraud. One way many government agencies protect consumers is by requiring auto dealers to purchase surety bonds before they can apply for a business license. But what is a surety bond? A basic definition explains that a surety bond is a legally binding contract that ensures a certain task is performed. Similar to other types of insurance, thousands of specific types of bonds exist. When it comes to the auto industry, a specific license and permit surety bond type is used to protect consumers from dealers who might try to take advantage of them. These bond types are commonly known as auto dealer bonds, but they also go by many other names such as DMV bonds, motor vehicle bonds, dealer license bonds or used car dealer bonds, just to name a few. No matter the specific name, all bonds work in the same basic way. Each surety bond that's issued provides a legally binding financial guarantee of a dealer's ability to work according to industry laws and regulations. Three entities are involved with each bond that's issued.
  1. The dealership or individual auto dealer that purchases the bond is the principal. By purchasing a bond, the principal provides a legally binding promise that they will follow whatever industry regulations the bond form refers to.
  2. The government agency that requires the bond is the obligee. By requiring the bond, the obligee reinforces industry regulations and protects consumers from financial loss at the hands of unruly dealers.
  3. The insurance company that underwrites the bond is the surety. By underwriting the bond, the surety provides a financial guarantee that the principal will comply with all regulations according to the bond's terms.
If a dealer fails to follow industry regulations, harmed consumers can make a claim on the bond amount to gain reparation. Government agencies may also make claims on bonds to collect payment penalties and fines that result from an auto dealer's inability to operate a dealership according to law. Some instances in which claims may be made on a dealer's surety bond include
  • misrepresented merchandise
  • unethical sales tactics used to sell vehicles
  • failure to deliver a valid certificate of title
  • failure to pay necessary motor vehicle fees
  • failure to forward sales tax payments to the state
If you or someone you know has been ripped off by a fraudulent auto dealer, contact your state's auto dealer licensing office immediately. You can report the infraction and get information on the dealer's surety. If the dealer did, indeed, violate the bond's terms, you can take the case to court. If the dealer is convicted, the harmed party will be compensated by the surety that provided the bond's financial guarantee. Danielle Rodabaugh is the chief editor of the Surety Bonds Insider, a publication that tracks news related to the surety bond industry. As a part of the publication's educational outreach program, Danielle specializes in writing about surety bonds and other forms of consumer protection.

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Known nationwide as a leading Lemon Law attorney, Ronald L. Burdge has represented literally thousands of consumers in "lemon" lawsuits and actively co-counsels and coaches other Consumer Law attorneys. From 2005 through 2018, attorney Ronald L. Burdge has been named as the only Lemon Law Ohio Super Lawyer by Law and Politics magazine and Thomson Reuters Corp., Professional Division. Burdge restricts his practice to Lemon Law and Consumer Law cases. The Ohio Super Lawyer results are published annually in the January issue of Cincinnati Magazine. Ronald L. Burdge was named Consumer Law Trial Lawyer of the Year 2004 by the National Association of Consumer Advocates, the nation's largest organization of consumer law private and government attorneys. "Your impact on the auto industry has been magnified many times over because of the trail you blazed for others," stated NACA's Executive Director, Will Ogburn. Burdge has represented thousands of consumers in Ohio, Kentucky and elsewhere since 1978 and is a frequent lecturer to national, state and local Bar Associations and Judicial organizations. Burdge is admitted to Ohio's state and federal courts, Kentucky's state courts, and Indiana's federal courts. Other court admissions are on a "pro hac" temporary, case by cases basis.