C.R.S. Section 44-20-108
Classes of licenses


(1)

The following classes of licenses are issued under this part 1:

(a)

Motor vehicle dealer’s license shall permit the licensee to engage in the business of selling, exchanging, leasing, or offering new and used motor vehicles, and this form of license shall permit not more than two persons named therein who shall be owners or part owners of the business of the licensee to act as motor vehicle salespersons.

(b)

Used motor vehicle dealer’s license, which permits the licensee to engage in the business of selling, exchanging, leasing, or offering used motor vehicles only. The license also permits a licensee to negotiate for a consumer the sale, exchange, or lease of used and new motor vehicles not owned by the licensee, except those vehicles defined in section 42-1-102 (7.5) and (55) as autocycles or motorcycles and section 33-14.5-101 (3) as off-highway vehicles; however, prior to completion of the sale, exchange, or lease of a motor vehicle not owned by the licensee, the licensee shall disclose in writing to the consumer whether the licensee will receive any compensation from the consumer and whether the licensee will receive any compensation from the owner of the motor vehicle as a result of the transaction. If the licensee receives compensation from the owner of the motor vehicle as a result of the transaction, the licensee shall include in the written disclosure the name of the owner from whom the licensee will receive compensation. This form of license permits not more than two persons named in the license, who shall be owners or part owners of the business of the licensee, to act as motor vehicle salespersons.

(c)

A motor vehicle salesperson’s license permits the licensee to engage in the activities of a motor vehicle salesperson while employed by a licensed motor vehicle dealer or used motor vehicle dealer.

(d)

Manufacturer’s or distributor’s license shall permit the licensee to engage in the activities of a manufacturer, distributor, factory branch, or distributor branch and to sell fire trucks.

(e)

A wholesaler’s license permits the licensee to engage in the activities of a wholesaler, but does not permit more than two individuals, who must be named in the license and who must be owners or part owners of the business of the licensee, to perform the activities of a wholesaler.

(f)

Manufacturer representative’s license shall permit the licensee to engage in the activities of a manufacturer representative.

(g)

Buyer agent’s license shall permit the licensee to engage in the activities of a buyer agent.

(h)

Intentionally left blank —Ed.

(I)

Wholesale motor vehicle auction dealer’s license shall permit a licensee to engage in the activities of a wholesale motor vehicle auction dealer if the licensee provides auction services solely in connection with wholesale transactions in which the purchasers are motor vehicle dealers licensed by this state or any other jurisdiction or in connection with the sale of government vehicles to consumers at a time and place that does not conflict with a wholesale motor vehicle auction conducted by that licensee. A wholesale motor vehicle auction dealer shall abide by all laws and rules of the state of Colorado.

(II)

A wholesale motor vehicle auction dealer shall maintain a check and title insurance policy for the benefit of the dealer’s customers or, alternatively, a wholesale motor vehicle auction dealer shall provide written guarantees of title to the dealer’s purchasing customers and written guarantees of payment to the dealer’s selling dealers with coverage and exclusions that are customary in check and title insurance policies available to wholesale motor vehicle auction dealers.
(i)
If the sales value of all the motor vehicles sold does not exceed twenty percent of the business’s gross revenue, the business disposal license permits a business to sell used motor vehicles that:

(I)

Have been owned for more than one year;

(II)

Have been used exclusively for business purposes;

(III)

Are titled in the name of the business;

(IV)

For which all related taxes have been paid; and

(V)

Are not designed or used primarily to carry passengers, not including:

(A)

A vehicle designed primarily for transporting more than ten individuals; or

(B)

A truck having an enclosed cab and an open cargo area.

(2)

Any license issued by the executive director pursuant to law in effect prior to July 1, 1992, shall be valid for the period for which issued.

(3)

The licensing requirements of this part 1 do not apply to banks, savings banks, savings and loan associations, building and loan associations, or credit unions or an affiliate or subsidiary of the entities in offering to sell, or in the sale of, a motor vehicle that was subject to a lease or that has been repossessed or foreclosed upon if the repossession or foreclosure is in connection with a loan made or originated in Colorado.

(4)

The licensing requirements of this part 1 shall not apply to an insurance company selling or offering to sell a motor vehicle through a motor vehicle dealer or used motor vehicle dealer if the vehicle is obtained by the company as a result of an insurance claim.

Source: Section 44-20-108 — Classes of licenses, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-44.­pdf (accessed Oct. 20, 2023).

44‑20‑101
Legislative declaration
44‑20‑102
Definitions
44‑20‑103
Motor vehicle dealer board - creation
44‑20‑104
Board - oath - meetings - powers and duties - rules
44‑20‑105
Auto industry division - creation - powers and duties of executive director and director
44‑20‑106
Records as evidence
44‑20‑107
Attorney general to advise and represent
44‑20‑108
Classes of licenses
44‑20‑109
Temporary motor vehicle dealer license
44‑20‑110
Display, form, custody, and use of licenses
44‑20‑111
Fees - disposition - expenses - expiration of licenses
44‑20‑112
Bond of licensee
44‑20‑113
Motor vehicle salesperson’s bond
44‑20‑114
Buyer agent bonds
44‑20‑115
Notice of claims honored against bond
44‑20‑116
Testing licensees
44‑20‑117
Filing of written warranties
44‑20‑118
Application - prelicensing education - fingerprint-based criminal history record check - rules
44‑20‑119
Notice of change of address or status
44‑20‑120
Principal place of business - requirements
44‑20‑121
Licenses - grounds for denial, suspension, or revocation
44‑20‑122
Procedure for denial, suspension, or revocation of license - judicial review
44‑20‑123
Sales activity following license denial, suspension, or revocation - unlawful act - penalty
44‑20‑124
Unlawful acts
44‑20‑125
New, reopened, or relocated dealer - notice required - grounds for refusal of dealer license - definitions - rules
44‑20‑126
Independent control of dealer - definitions
44‑20‑127
Successor under existing franchise agreement - duties of manufacturer
44‑20‑128
Penalty
44‑20‑129
Fines - disposition - unlicensed sales
44‑20‑130
Drafts not honored for payment - penalties
44‑20‑131
Right of action for loss
44‑20‑132
Contract disputes - venue - choice of law
44‑20‑133
Disposition of fees - auto dealers license fund - created
44‑20‑134
Advertisement - inclusion of dealer name
44‑20‑135
Audit reimbursement limitations - dealer claims
44‑20‑136
Reimbursement for right of first refusal
44‑20‑137
Payout exemption to execution
44‑20‑138
Site control extinguishes
44‑20‑139
Modification voidable
44‑20‑140
Termination appeal
44‑20‑141
Stop-sale directives - used motor vehicles - definitions
44‑20‑141.5
Fulfillment and compensation for warranty and recall obligations - definitions
44‑20‑141.6
Fulfillment of warranty and recall obligations - recreational vehicles - definitions
44‑20‑142
Repeal of part
44‑20‑201
Definitions
44‑20‑202
Exclusive finance agreements void - when
44‑20‑203
Threat prima facie evidence of violation
44‑20‑204
Threat by agent as evidence of violation
44‑20‑205
Offering consideration to eliminate competition
44‑20‑206
Accepting consideration to eliminate competition
44‑20‑207
Recipient of consideration shall not buy mortgages
44‑20‑208
Quo warranto action
44‑20‑209
Violation by foreign corporation - penalty
44‑20‑210
Penalty
44‑20‑211
Contract void
44‑20‑212
Provisions cumulative
44‑20‑213
Damages
44‑20‑214
Repeal of part
44‑20‑301
Definitions
44‑20‑302
Sunday closing
44‑20‑303
Penalties
44‑20‑304
Repeal of part
44‑20‑401
Legislative declaration
44‑20‑402
Definitions
44‑20‑403
Motor vehicle dealer board
44‑20‑404
Board - powers and duties - rules
44‑20‑405
Powers and duties of executive director and director
44‑20‑406
Records as evidence
44‑20‑407
Attorney general to advise and represent
44‑20‑408
Classes of licenses
44‑20‑409
Temporary powersports vehicle dealer license
44‑20‑410
Display, form, custody, and use of licenses
44‑20‑411
Fees - disposition - expenses - expiration of licenses
44‑20‑412
Bond of licensee
44‑20‑413
Powersports vehicle salesperson’s bond
44‑20‑414
Notice of claims honored against bond
44‑20‑415
Testing licensees
44‑20‑416
Filing of written warranties
44‑20‑417
Application - fingerprint-based criminal history record check - rules
44‑20‑418
Notice of change of address or status
44‑20‑419
Principal place of business - requirements - exceptions
44‑20‑420
Licenses - grounds for denial, suspension, or revocation
44‑20‑421
Procedure for denial, suspension, or revocation of license - judicial review
44‑20‑422
Sales activity following license denial, suspension, or revocation - unlawful act - penalty
44‑20‑423
Unlawful acts
44‑20‑424
New, reopened, or relocated dealer - notice required - grounds for refusal of dealer license - definitions - rules
44‑20‑425
Independent control of dealer - definitions
44‑20‑426
Successor under existing franchise agreement - duties of powersports vehicle manufacturer
44‑20‑427
Audit reimbursement limitations - dealer claims
44‑20‑428
Reimbursement for disapproving sale
44‑20‑429
Penalty
44‑20‑430
Fines - disposition - unlicensed sales
44‑20‑431
Drafts or checks not honored for payment - penalties
44‑20‑432
Right of action for loss
44‑20‑433
Contract disputes - venue - choice of law
44‑20‑434
Advertisement - inclusion of dealer name
44‑20‑435
Payout exemption to execution
44‑20‑436
Site control extinguishes
44‑20‑437
Modification voidable
44‑20‑438
Termination appeal
44‑20‑439
Stop-sale directives - used powersports vehicles - definitions
44‑20‑439.5
Fulfillment and compensation for warranty and recall obligations - definitions
44‑20‑440
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 44-20-108’s source at colorado​.gov