Osteomata
12/20/2011, 12:52 PM
So I got to thinking the other day: Here I am with my Suzuki recently sold, my wife's Audi on the market, occasional flirtations with selling the VX, and having been the primary advertiser for selling my son's car. And I said to myself, "Self, isn't there a limit to the number of cars I can sell as a private citizen before the State decides that tax tag and title fees are not enough of a financial burden, and that they want an even bigger coerced piece of my pie?" "Indeed there is" replied the internet:
Florida law states that any person, firm partnership, or corporation that buys, sells, offers for sale, displays for sale or deals in three or more motor vehicles in any 12-month period is presumed to be a motor vehicle dealer and must have an appropriate license issued by the State. (http://www.flhsmv.gov/dmv/dealer.html)
So if I read that right: If I sell my wife's car, I am in violation of the law. For being involved in the sale of three vehicles in a 12 month period without holding an independent dealers license. Am I reading that right? OK, so maybe my son's car will not count, but if I sell both of my existing cars, which are in my name as was the Suzuki, it appears I'm in violation. Surely this can't be. Surely many families have been in the situation where they sold three cars in one year. What am I missing here?
Moving on: What if I wanted to buy and sell several cars a year, let's say more than three, as a hobby or simply because I wanted access to the dealers auctions. Let's say I am willing to jump through a couple of hoops and pay a necessary blackmail fee to the state in order to satisfy the rent-seeking big brick and morter franchises who have enlisted the government's help in limiting competition. What would that take? Again, by Florida law it appears that to even have a single car up for sale at a time, advertised solely on the internet, I have to have legal ownership or proof of lease for a 10'x10' office space, a lot, public parking (all of these must be inspected in person by the regional compliance examinor), $25,000 bond, liability insurance, a certificate of completion from a certified dealers school, fingerprints, $300 fees, and possibly continueing education requirements. To sell three cars a year.
Again, am I reading this right? Recognizing that much of this is aimed at actual franchises, are there legal work arounds to some of these impediments to commerce?
Florida law states that any person, firm partnership, or corporation that buys, sells, offers for sale, displays for sale or deals in three or more motor vehicles in any 12-month period is presumed to be a motor vehicle dealer and must have an appropriate license issued by the State. (http://www.flhsmv.gov/dmv/dealer.html)
So if I read that right: If I sell my wife's car, I am in violation of the law. For being involved in the sale of three vehicles in a 12 month period without holding an independent dealers license. Am I reading that right? OK, so maybe my son's car will not count, but if I sell both of my existing cars, which are in my name as was the Suzuki, it appears I'm in violation. Surely this can't be. Surely many families have been in the situation where they sold three cars in one year. What am I missing here?
Moving on: What if I wanted to buy and sell several cars a year, let's say more than three, as a hobby or simply because I wanted access to the dealers auctions. Let's say I am willing to jump through a couple of hoops and pay a necessary blackmail fee to the state in order to satisfy the rent-seeking big brick and morter franchises who have enlisted the government's help in limiting competition. What would that take? Again, by Florida law it appears that to even have a single car up for sale at a time, advertised solely on the internet, I have to have legal ownership or proof of lease for a 10'x10' office space, a lot, public parking (all of these must be inspected in person by the regional compliance examinor), $25,000 bond, liability insurance, a certificate of completion from a certified dealers school, fingerprints, $300 fees, and possibly continueing education requirements. To sell three cars a year.
Again, am I reading this right? Recognizing that much of this is aimed at actual franchises, are there legal work arounds to some of these impediments to commerce?