§ 322.1 Administration
§ 322.2 Definitions
§ 322.3 Prohibited acts
§ 322.4 Application for license
§ 322.5 License fees — temporary permits.
§ 322.6 Denial of license
§ 322.7 License of motor vehicle dealer
§ 322.7A Used motor vehicle dealer education program
§ 322.7B Consignment sales of motor trucks
§ 322.8 Supplemental statements
§ 322.9 Revocation or suspension of license
§ 322.10 Judicial review
§ 322.11 Injunctions
§ 322.12 Disposition of fees
§ 322.13 Rules
§ 322.14 Penalties
§ 322.15 Construction of chapter
§ 322.17 Copy of contract to buyer
§ 322.18 Dual-interest insurance
§ 322.19 Finance charges — amount.
§ 322.19A Documentary fee
§ 322.20 Extension of time
§ 322.21 Remaining balance on trade vehicle
§ 322.23 Complaints
§ 322.24 Hearing — subpoenas.
§ 322.27 Manufacturer’s license.
§ 322.27A Wholesaler’s license.
§ 322.28 Distributor or wholesaler’s license.
§ 322.29 Issuance of license — fees.
§ 322.30 Display
§ 322.31 Denial of license
§ 322.32 Construction of applicability to contracts
§ 322.33 Applicability of the Iowa consumer credit code
§ 322.35 Disclosure of manufacturer’s suggested price for certain motor vehicles — penalty.
§ 322.36 Motorcycle and autocycle dealer business hours

Terms Used In Iowa Code > Chapter 322 - Motor Vehicle Manufacturers, Distributors, Wholesalers, and Dealers

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • At retail: means to dispose of a motor vehicle to a person who will devote it to a consumer use. See Iowa Code 322.2
  • Autocycle: means as defined in section 321. See Iowa Code 322.2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • buyer: means a person who buys a motor vehicle from a retail seller. See Iowa Code 322.2
  • clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completed motor vehicle: means a motor vehicle which does not require any additional manufacturing operations to perform its intended function except the addition of readily attachable equipment, components, or minor finishing operations. See Iowa Code 322.2
  • contract: means an agreement, entered into in this state, pursuant to which the title to, the property in or a lien upon the motor vehicle, which is the subject matter of a retail installment transaction, is retained or taken by a retail seller from a retail buyer as security, in whole or in part, for the buyer's obligation. See Iowa Code 322.2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the state department of transportation. See Iowa Code 322.2
  • Distributor branch: means a branch office similarly maintained by a distributor or wholesaler for the same purposes. See Iowa Code 322.2
  • Engaged in the business: means doing any of the following acts for the purpose of the sale of motor vehicles at retail: acquiring, selling, exchanging, holding, offering, displaying, brokering, accepting on consignment, conducting a retail auction, advertising as being engaged in any of those acts, or acting as an agent for the purpose of doing any of those acts. See Iowa Code 322.2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles, for the sale of motor vehicles to distributors, or for the sale of motor vehicles to motor vehicle dealers or for directing or supervising in whole or part, its representatives. See Iowa Code 322.2
  • Final-stage manufacturer: means a person who performs such manufacturing operations on an incomplete motor vehicle that it becomes a completed motor vehicle. See Iowa Code 322.2
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Fraud: Intentional deception resulting in injury to another.
  • Incomplete motor vehicle: means an assemblage consisting, at a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system to the extent that those systems are to be part of a completed motor vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed motor vehicle. See Iowa Code 322.2
  • Incomplete motor vehicle manufacturer: means a person who manufactures an incomplete motor vehicle by assembling components none of which, taken separately, constitute a completed motor vehicle. See Iowa Code 322.2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manufacturer: includes a person who uses a completed motor vehicle manufactured by another person to construct a class "B" motor home as defined in section 321. See Iowa Code 322.2
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor vehicle: means any self-propelled vehicle subject to registration under chapter 321. See Iowa Code 322.2
  • Motorcycle: means as defined in section 321. See Iowa Code 322.2
  • oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". See Iowa Code 4.1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 322.2
  • Place of business: means a designated location wherein proper and adequate facilities shall be maintained for displaying, reconditioning, and repairing either new or used cars. See Iowa Code 322.2
  • property: includes personal and real property. See Iowa Code 4.1
  • Retail installment transaction: means any sale evidenced by a retail installment contract between a retail buyer and a retail seller wherein the retail buyer buys a motor vehicle from a retail seller at a time price payable in one or more installments. See Iowa Code 322.2
  • road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
  • Rule: includes "regulation". See Iowa Code 4.1
  • Sales finance company: means a person engaged, in whole or in part, in the business of purchasing retail installment contracts from one or more retail sellers. See Iowa Code 322.2
  • seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
  • seller: means a person who sells a motor vehicle to a retail buyer. See Iowa Code 322.2
  • Selling: includes bartering, exchanging, delivering, or otherwise dealing in. See Iowa Code 322.2
  • Special equipment: means equipment installed on a motor truck which, in combination with the motor truck on which the equipment is installed, constitutes a self-contained unit configured for a specific purpose. See Iowa Code 322.2
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • week: means seven consecutive days. See Iowa Code 4.1
  • wholesaler: means a person, resident or nonresident, who in whole or part, sells or distributes motor vehicles to motor vehicle dealers, or who maintains distributor representatives. See Iowa Code 322.2
  • year: means twelve consecutive months. See Iowa Code 4.1