§ 23-112-317 — Motor vehicle dealer service and handling fees

Arkansas § 23-112-317

• Jurisdiction: Arkansas
• Title: 23

Text

(a) A motor vehicle dealer may fill in the blanks on standardized forms in connection with the sale or lease of a new or a used motor vehicle if the motor vehicle dealer does not charge for the service of filling in the blanks or otherwise charge for preparing documents. (b) (1) A motor vehicle dealer may charge a service and handling fee in connection with the sale or lease of a new or a used motor vehicle for: (A) The handling, processing, and storage of documents; and (B) Other administrative and clerical services. (2) (A) The service and handling fee may be charged to allow cost recovery for motor vehicle dealers. (B) A portion of the service and handling fee may result in profit to the motor vehicle dealer. (c) (1) The Arkansas Motor Vehicle Commission shall determine by rule the amount of the service and handling fee that may be charged by a motor vehicle dealer. The service and handling fee shall be no less than zero dollars ($0.00) and no more than one hundred twenty-nine dollars ($129). (2) If a service and handling fee is charged under this section, the service and handling fee shall be: (A) Charged to all retail customers; and (B) Disclosed on the retail buyer's order form as a separate itemized charge. (3) If a service and handling fee is charged under this section, the service and handling fee is not required to be charged to all fleet sales. (4) If a service and handling fee is charged under this section: (A) A motor vehicle dealer may charge a purchaser of a motor vehicle a different service and handling fee if the purchaser utilizes: (i) A manufacturer's sales plan or program; or (ii) Financing through a finance company that caps a service and handling fee; (B) The service and handling fee charged under this section shall be consistent with the service and handling fee authorized under: (i) The manufacturer's sales plan or program; (ii) The finance company policy; or (iii) The laws of a foreign state with subject-matter jurisdiction. (d) A preliminary worksheet on which a sale price is computed and that is shown to the purchaser, a retail buyer's order form from the purchaser, or a retail installment contract shall include in reasonable proximity to the place on the document where the service and handling fee authorized by this section is disclosed: (1) The amount of the service and handling fee; and (2) The following notice in type that is bold-faced, capitalized, underlined, or otherwise conspicuously set out from the surrounding written material: "A SERVICE AND HANDLING FEE IS NOT AN OFFICIAL FEE. A SERVICE AND HANDLING FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO THE CUSTOMER FOR PERFORMING SERVICES AND HANDLING DOCUMENTS RELATING TO THE CLOSING OF A SALE OR LEASE. THE SERVICE AND HANDLING FEE MAY RESULT IN PROFIT TO THE DEALER. THE SERVICE AND HANDLING FEE DOES NOT INCLUDE PAYMENT FOR THE PREPARATION OF LEGAL DOCUMENTS. THIS NOTICE IS REQUIRED BY LAW." (e) The Arkansas Motor Vehicle Commission may promulgate rules to implement, enforce, and administer this section.

Legislative History

Amended by Act 2015, No. 1055,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 561,§ 5, eff. 8/16/2013. Acts 2007, No. 366, § 1.