A consignor may take possession of his consigned vehicle at any time the consigned vehicle is in the possession of a consignee, provided that the consignor:
Terms Used In Utah Code 41-3-803
Consignee: means a dealer who accepts vehicles for sale under an agreement that the dealer will pay the consignor for any sold vehicle and will return any unsold vehicles. See Utah Code 41-3-802
Consignor: means a person who places a vehicle with a consignee for consignment sale. See Utah Code 41-3-802
Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
Principal place of business: means a site or location in this state:
(i)
devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;
(ii)
sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and
(iii)
that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102
has notified the consignee in writing that he will take possession of the consigned vehicle; and
(b)
has paid all outstanding charges owing to the consignee that have been agreed to by the consignor in accordance with Subsection (2).
(2)
The agreed upon charges under Subsection (1)(b) shall be:
(a)
stated on a form designed by the department; and
(b)
included with the written consignment agreement.
(3)
A consignee who sells a consigned vehicle shall report to the consignor in writing the exact selling price of the consigned vehicle under either of the following circumstances:
(a)
the consignor and consignee agree in writing that the consignor shall receive a percentage of the selling price upon the sale of the vehicle; or
(b)
the consignor and consignee renegotiate in writing the selling price of the vehicle.
(4)
When a consignee sells a consigned vehicle:
(a)
the consignee, within seven calendar days of the date of sale, must give written notice to the consignor that the consigned vehicle has been sold; and
(b)
the consignee, within 21 calendar days of the date of sale, or within 15 calendar days of receiving payment in full for the consigned vehicle, whichever date is earlier, shall remit the payment received to the consignor, unless the agreement to purchase the consigned vehicle has been rescinded before expiration of the 21 days.
(5)
If the agreement to purchase the consigned vehicle has for any reason been rescinded before the expiration of 21 calendar days of the date of sale, the consignee shall within five calendar days thereafter give written notice to the consignor that the agreement to purchase has been rescinded.
(6)
Vehicles on consignment shall be driven with the consignee’s dealer plates. All other license plates or registration indicia must be removed from the vehicle.
(7)
Prior to driving a consigned vehicle on the consignee’s dealer plates, the consignee and the consignor shall execute a written consignment agreement that states:
(a)
the party responsible for damage or misuse to a consigned vehicle; and
(b)
the permitted uses a consignee may make of a consigned vehicle.
(8)
The consignee shall keep the written consignment agreement on file at his principal place of business.
