Monday, October 24, 2011

Salespersons - When can they start working?

We are seeing individuals that have been denied a salesperson license, come to an appeal and state that they have been working as a salesperson since the application was submitted. The person CANNOT act as a salesperson until the dealership receives the license issued from MVED. Just because the application has been submitted, doesn’t mean the license has been issued. By allowing a person to work without a license, the dealership can be charged criminally and receive a civil penalty as well. Please don’t put your dealership in this situation. Once the license is in hand, the person is good, not before.

41-3-203. Licenses -- Form -- Seal -- Custody of salesperson's license -- Display of salesperson and dealer licenses -- Licensee's pocket card.

(c) Each salesperson shall on request display his pocket card.

41-3-210. License holders -- Prohibitions and requirements.
(1) The holder of any license issued under this chapter may not:
(m) as anyone other than a salesperson licensed under this chapter, be present on a dealer display space and contact prospective customers to promote the sale of the dealer's vehicles;
(6) A dealer may not assist an unlicensed dealer or salesperson in unlawful activity through active or passive participation in sales, or by allowing use of his facilities or dealer license number, or by any other means.


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