28-4403

28-4403. Record requirements; motor vehicle
information; inspection; liability

A. A licensee shall keep and maintain at the licensee's established place of
business, or place of business if the licensee is a broker or a wholesale motor vehicle
dealer, a permanent record in the form prescribed by the director containing:

1. A particular description of each motor vehicle of a type subject to registration
under the laws of this state that is bought, sold, brokered or exchanged by the licensee
or received or accepted by the licensee for sale, brokering or exchange.

2. A particular description of each used motor vehicle body or chassis that is sold
or otherwise disposed of.

3. A particular description of each motor vehicle that is bought or otherwise
acquired and wrecked by the licensee.

4. The name and address of the person from whom a motor vehicle, motor vehicle body
or motor vehicle chassis was purchased or otherwise acquired and the date it was
purchased or acquired.

5. The name and address of the person to whom the motor vehicle, motor vehicle body
or motor vehicle chassis was sold or otherwise disposed of, the date it was sold or
disposed of and a sufficient description of the vehicle, body or chassis by name or
identifying number or otherwise to identify it.

B. A licensed automotive recycler that has a vehicle in the automotive recycler's
inventory shall:

1. At the same time have possession of a duly and regularly assigned salvage
certificate of title, nonrepairable vehicle certificate of title or dismantle certificate
of title to the vehicle.

2. Not offer for sale or sell a vehicle unless a salvage certificate of title,
nonrepairable vehicle certificate of title or dismantle certificate of title to the
vehicle has been obtained.

C. Each motor vehicle dealer shall give the customer a written contract and shall
maintain a copy of the contract for three years at the dealer's established place of
business.

D. Each record required by this section and all inventories relating to the records
of a licensee shall be available at all times for physical inspection by agents of the
department or members of the highway patrol division. The agents or members may enter on
premises where the records or inventories are located during normal business hours for
purposes of the inspection. The licensee or any designated employee or agent may
accompany any person making the inspection while the person is on the licensee's
premises.

E. The licensee is only liable to a person making an inspection under this section
for an injury arising out of the condition of the premises that occurs while the person
is on the licensee's premises if the licensee knowingly allows the person to encounter a
hidden peril or wantonly or wilfully causes the person harm.