Dealer Forms

Better Business Bureau Arbitration Agreement

Dealers and their customers who sign this form would use an arbiter to resolve disputes arising from the purchase, lease, servicing or repair of a new or used automobile. "Disputes" also shall include any disputes relating to vehicle service contracts purchased or provided at the time vehicle was purchased or leased with the exception of disputes alleging criminal violation.
BBB arbiters shall resolve any disputes under the agreement.

BBB Arbitration Overview | BBB Arbitration Agreement

Non-English Language Transactions and Negotiations

An Illinois law enacted in August 2001 makes it simpler for retailers to conduct a transaction or other negotiation with a customer using a foreign language. A single form can be used to confirm that the customer understands the obligations of the contract or other written negotiation, after an explanation to the customer in his native language.

Use of Personal Interpreter Form

Use of Dealer as Interpreter (select language)

Trade-in Allowances

The Illinois Revenue Department extends several opportunities for consumers to gain trade-in credits that allow them to reduce, for purposes of Illinois sales tax, the amount of the taxable sales price of a vehicle being purchased from a dealer. Related forms include:

Damage disclosure

Dealers are required to disclose to customers damage to new vehicles that exceeds 6 percent of the manufacturer's suggested retail price. The Illinois law does NOT pertain to used vehicles. Disclosure should be based on the MSRP price on the Monroney sticker, not on any additional value from aftermarket add-ons. Note in item No. 3 in the overview of the Illinois statute that certain problems can be fixed without triggering disclosure. When disclosure is necessary, refer to two examples of a form that can be presented to customers to sign, to acknowledge the disclosure.

Goodwill repairs

Many dealers provide "goodwill" repair services on vehicles that are out of warranty. However, not all of those dealers are aware—according to recent Illinois Revenue Department audits—that the parts used in goodwill repairs are subject to the state’s 6.25 percent use tax, even though the customer does not pay for the repair.
 
In cases of warranty and recall repairs, sales tax is not charged on parts because the tax originally paid (when the vehicle was purchased) is deemed to cover all parts used in the repairs. Likewise, any parts used to repair or enhance new or used vehicles held in inventory are covered by the sales tax collected on the eventual sale of the vehicle.
 
But goodwill repairs are provided at no charge to the customer, at the option of dealer and/or the factory. Because no legal obligation exists to compel the dealer to provide the goodwill repair, the state revenue department considers the repair to be a gift.
 
Illinois use tax applies to parts purchased tax-free for resale which are used or consumed by the dealership in its use, including as a gift to a customer. The CATA board of directors is considering a challenge to the Revenue Department statute, in an attempt to exclude taxes on parts used in goodwill repairs. In the meantime, dealers can consider adding this optional statement that acknowledges the tax implication:

"I acknowledge that inasmuch as the repairs requested are not covered under warranty, the Dealership is obligated to collect from me use tax on any parts provided as part of the repair and to remit the same to the Illinois Department of Revenue."

Out-of-State Purchasers

Tax liability for dealers essentially has been eliminated on transactions involving a fraudulent out-of-state purchaser--someone who lives in Illinois but poses as a Wisconsinite because of a vacation home in that state. For record-keeping, the deal jacket must include a statement (below) and either (a) or (b):

b. If a copy of the non-Illinois driver’s license is not kept or an Illinois license is present, a rebuttable presumption that the purchaser is a resident is created which requires the dealer to obtain evidence in its records of the non-residency of the purchaser, such as a (i) voter’s registration card with a non-Illinois address, or (i) copy of a purchase contract or lease agreement for a new non-Illinois residence, or (iii) copy of a non-resident tax return, or (iv) credit report listing the purchaser’s primary residence in another state, or (v) property tax records claiming a homestead in another state, or (vi) other similar documentation.

Statement:

Rider to Rental or Loaner Agreement

In consideration for Dealer providing a rental or loaner to customer, the customer agrees to indemnify Dealer from all charges or costs from highway tolls, traffic violations or parking tickets incurred during vehicle rental or loaner. Any charges would be asseseed to customer's credit card. Download form.

IRS Form 8300 - Cash Reporting of $10,000.01 or more>

The Federal government requires businesses to file Form 8300 for any transactions or group of transactions from the same individual that total cash payments in excess of $10,000. Penalties for failing to file this IRS form can be large. You can download more information and the current IRS Form 8300 below.

Replacement Key Transaction Form

The model form was supplied by the NADA and requires customers and employees to fill in certain basic information. It also requires that customers show picture IDs and documents demonstrating proof of vehicle ownership. Dealership employees involved in key replacement transactions should make copies of these documents. It is recommended that copies of replacement key record forms be kept on file for at least three years.

When customizing the model replacement key form to suit specific dealership needs, all applicable manufacturer, dealer association, and insurance company guidelines should be reviewed, along with any applicable state or local laws governing replacement key and locksmith activities. States with locksmith laws include, but are not limited to, California, Tennessee, Louisiana, and Illinois.

Please contact NADA Regulatory Affairs at regulatoryaffairs@nada.org with any questions regarding this matter.

3-Day Cooling Off Period for Sales That Take Take Place at a Home

Both federal law and state law provide definition of sales that take place in a home, which in turn triggers a requirement that a Notice of Cancellation be provided, and that a three day cooling period provides.

CATA Forms

The following forms are available to members of the CATA at no charge and may be ordered by printing this Order Form. (Charges apply for shipping.)

• Odometer Statements
• Used Car Buyers Guides
• Used Car Limited Warranty Statements
• Emission Control Equipment Statements

Although not recommended, if you need forms right now, you can download and print copies of the Emission Statement, Limited Warranty, Odometer Statement, and the FTC Used Car Buyer's Guide (English, Spanish). The latter three forms you will need to print, fill out and make multiple copies to meet requirements).