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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70680</law_id><section_number>46.2-1527.2</section_number><catch_line>Bonding requirements for applicants for an original license</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>46.2-1527.1</reference><reference>46.2-1527.5</reference><reference>46.2-1527.9</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="46.2">Motor Vehicles</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Dealers and Driver Training Schools</unit><unit label="chapter" level="3" order_by="1" identifier="15">Motor Vehicle Dealers</unit><unit label="article" level="4" order_by="1" identifier="3.1">Motor Vehicle Transaction Recovery Fund</unit></structure><text>
						<section><p>Before the <span class="dictionary">Board</span> shall <span class="dictionary">issue</span> to an applicant an <span class="dictionary">original license</span>, the applicant shall obtain and file with the <span class="dictionary">Board</span> a <span class="dictionary">bond</span> in the amount of $50,000. The <span class="dictionary">bond</span> shall come from a corporate <span class="dictionary">surety</span> licensed to do business in the Commonwealth and approved by the <span class="dictionary">Attorney General</span>. The <span class="dictionary">bond</span> shall be conditioned on a statement by the applicant that the applicant will not practice <span class="dictionary">fraud</span>, make any fraudulent representation, or violate any provision of this chapter in the conduct of the applicant&#x2019;s business. The <span class="dictionary">Board</span> may, without holding a <span class="dictionary">hearing</span>, <span class="dictionary">suspend</span> the dealer&#x2019;s license during the period that the dealer does not have a sufficient <span class="dictionary">bond</span> on file.
		If a person suffers any of the following: (i) loss or damage in connection with the purchase or lease of a motor vehicle by reason of <span class="dictionary">fraud</span> practiced on him or fraudulent representation made to him by a licensed <span class="dictionary">motor vehicle dealer</span> or one of the dealer&#x2019;s <span class="dictionary">salespersons</span> acting within his scope of employment, (ii) loss or damage by reason of the violation by a dealer or <span class="dictionary">salesperson</span> of any provision of this chapter in connection with the purchase or lease of a motor vehicle, or (iii) loss or damage resulting from a breach of an extended service <span class="dictionary">contract</span> as defined by &#xA7;&#xA0;<a class="law" title="Definitions" href="/59.1-435/">59.1-435</a> entered into on or after April 8, 1994, that person shall have a claim against the dealer and the dealer&#x2019;s <span class="dictionary">bond</span>, and may recover such <span class="dictionary">damages</span> as may be awarded to such person by final <span class="dictionary">judgment</span> of a <span class="dictionary">court</span> of competent <span class="dictionary">jurisdiction</span> against the dealer as a proximate result of such loss or damage up to but not exceeding $25,000, from such <span class="dictionary">surety</span>, who shall be subrogated to the rights of such person against the dealer or <span class="dictionary">salesperson</span>. The liability of such <span class="dictionary">surety</span> shall be limited to actual <span class="dictionary">damages</span> and attorney fees and shall not include any punitive <span class="dictionary">damages</span> assessed against the dealer or <span class="dictionary">salesperson</span>. On January 1 of each year, the amount that may be awarded against such <span class="dictionary">bond</span> to any person as a result of loss or damage to that person as provided in this section shall be increased by the percentage increase over the most recently available unadjusted 12-month period in the Consumer Price Index for <span class="dictionary">used motor vehicles</span>, as published by the U.S. Bureau of Labor Statistics or any successor index. In the event that this index decreases over any such 12-month period, there shall be no change in the amount that may be awarded.
		In those cases in which a dealer&#x2019;s <span class="dictionary">surety</span> shall be liable pursuant to this section, the <span class="dictionary">surety</span> shall be liable only for the first $50,000 in claims against the dealer. Thereafter, the <span class="dictionary">Fund</span> shall be liable for amounts in excess of the <span class="dictionary">bond</span> up to the amount that may be paid out of the <span class="dictionary">Fund</span>, less the amount of the <span class="dictionary">bond</span>, in those cases in which the <span class="dictionary">Fund</span> itself may be liable. The aggregate liability of the dealer&#x2019;s <span class="dictionary">surety</span> to any and all persons, regardless of the number of claims made against the <span class="dictionary">bond</span> or the number of years the <span class="dictionary">bond</span> remains in force, shall in no event exceed $50,000.
		The dealer&#x2019;s <span class="dictionary">surety</span> shall notify the <span class="dictionary">Board</span> when a claim is made against a dealer&#x2019;s <span class="dictionary">bond</span>, when a claim is paid and when the <span class="dictionary">bond</span> is cancelled. Such notification shall include the amount of a claim and the circumstances surrounding the claim. Notification of <span class="dictionary">cancellation</span> shall include the effective date and reason for <span class="dictionary">cancellation</span>. The <span class="dictionary">bond</span> may be cancelled as to future liability by the dealer&#x2019;s <span class="dictionary">surety</span> upon 30 days&#x2019; notice to the <span class="dictionary">Board</span>.</p></section></text><history>1994, c. 478; 1995, cc. 767, 816; 1998, c. 325; 2001, c. 194; 2006, c. 172; 2011, c. 407; 2012, cc. 10, 119; 2015, c. 615.</history><metadata></metadata></law>
