CHAPTER........
AN ACT relating to vehicles; requiring certain information to be included in a consignment
contract involving a vehicle; requiring a consignee of a vehicle to establish a trust
account in which the proceeds of a consignment sale of the vehicle must be
deposited; prescribing duties for a consignee of a consignment contract involving a
vehicle; providing penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 7, inclusive, of this act.
As used in sections 2 to 7, inclusive, of this act, unless thecontext otherwise requires, the words and terms defined in sections 3, 4
and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3.
"Consignee" means any person licensed pursuant to thischapter to sell or lease vehicles, or any person who holds himself out as
being in the business of selling, leasing or consigning vehicles.
Sec. 4.
"Consignment" means any transaction whereby theregistered owner or lienholder of a vehicle subject to registration
pursuant to this chapter agrees, entrusts, or in any other manner
authorizes a consignee to act as his agent to sell, exchange, negotiate or
attempt to negotiate a sale or an exchange of the interest of the registered
owner or lienholder in the vehicle, whether or not for compensation.
Sec. 5.
"Consignment contract" means a written agreement betweena registered owner or lienholder of a vehicle and a consignee to whom
the vehicle has been entrusted by consignment for the purpose of sale
that specifies the terms and conditions of the consignment and sale.
Sec. 6.
A consignment contract must include, without limitation:1. The names of the consignor and consignee;
2. The date on which the consignment contract was entered into;
3. A complete description of the vehicle subject to the consignment
contract, including the vehicle identification number, the year, make and
model of the vehicle, and the number of miles registered on the odometer
of the vehicle at the time that the consignment contract is entered into;
4. The term of the consignment contract;
5. The name of each person or business entity holding any security
interest in the vehicle to be consigned;
6. The minimum sales price for the vehicle and the disposition of the
proceeds therefrom, as agreed upon by the consignor and consignee; and
7. The signatures of the consignor and consignee acknowledging all
the terms and conditions set forth in the consignment contract.
Sec. 7.
1. A consignee of a vehicle shall, upon entering into aconsignment contract or other form of agreement to sell a vehicle owned
by another person, open and maintain a separate trust account in a
federally insured bank or savings and loan association that is located in
this state, into which the consignee shall deposit all money received from
a prospective buyer as a deposit, or as partial or full payment of the
purchase price agreed upon, toward the purchase or transfer of interest
in the vehicle. A consignee of a vehicle shall not:
(a) Commingle the money in the trust account with any other money
that is not on deposit or otherwise maintained toward the purchase of the
vehicle subject to the consignment contract or agreement; or
(b) Use any money in the trust account to pay his operational
expenses for any purpose that is not related to the consignment contract
or agreement.
2. Upon the sale or transfer of interest in the vehicle, the consignee
shall forthwith:
(a) Satisfy or cause to be satisfied all outstanding security interests in
the vehicle; and
(b) Satisfy the financial obligations due the consignor pursuant to the
consignment contract.
3. Upon the receipt of money by delivery of cash, bank check or
draft, or any other form of legal monetary exchange, or after any form of
transfer of interest in a vehicle, the consignee shall notify the consignor
that the money has been received or that a transfer of interest in the
vehicle has occurred. Notification by the consignee to the consignor must
be given in person or, in the absence of the consignor, by registered or
certified mail addressed to the last address or residence of the consignor
known to the consignee. The notification must be made within 3 business
days after the date on which the money is received or the transfer of
interest in the vehicle is made.
4. The provisions of this section do not apply to an executor, an
administrator, a sheriff or any other person who sells a vehicle pursuant
to the powers or duties granted to or imposed on him by specific statute.
5. Notwithstanding any provision of NRS 482.423 to 482.4245,
inclusive, and section 1 of Senate Bill No. 209 of this session, to the
contrary, a vehicle subject to a consignment contract may not be
operated by the consignee, an employee or agent of the consignee, or a
prospective buyer in accordance with NRS 482.423 to 482.4245,
inclusive, and section 1 of Senate Bill No. 209 of this session by
displaying a special permit or temporary placard to operate the vehicle
unless such operation of the vehicle is authorized by the express written
consent of the consignor.
6. A vehicle subject to a consignment contract may not be operated
by the consignee, an employee or agent of the consignee, or a prospective
buyer in accordance with NRS 482.320 by displaying a special plate
unless such operation of the vehicle is authorized by the express written
consent of the consignor.
7. A consignee shall maintain a written log for each vehicle for
which he has entered into a consignment contract. The written log must
include:
(a) The name and address, or place of residence, of the consignor;
(b) A description of the vehicle consigned, including the year, make,
model and serial or identification number of the vehicle;
(c) The date on which the consignment contract is entered into;
(d) The period that the vehicle is to be consigned;
(e) The minimum agreed upon sales price for the vehicle;
(f) The approximate amount of money due any lienholder or other
person known to have an interest in the vehicle;
(g) If the vehicle is sold, the date on which the vehicle is sold;
(h) The date that the money due the consignor and the lienholder was
paid;
(i) The name and address of the federally insured bank or savings and
loan association in which the consignee opened the trust account
required pursuant to subsection 1; and
(j) The signature of the consignor acknowledging that the terms of the
consignment contract were fulfilled or terminated, as appropriate.
8. A person who:
(a) Appropriates, diverts or otherwise converts to his own use money
in a trust account opened pursuant to subsection 1 or otherwise subject to
a consignment contract or agreement is guilty of embezzlement and shall
be punished in accordance with NRS 205.300. The court shall, in
addition to any other penalty, order the person to pay restitution.
(b) Violates any other provision of this section is guilty of a
misdemeanor.
Sec. 8. NRS 482.320 is hereby amended to read as follows:
Sec. 9. The amendatory provisions of this act do not apply to offenses
that are committed before the effective date of this act.
Sec. 10. This act becomes effective upon passage and approval.
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