92 Ill. Adm. Code 1020.15
Buy Here, Pay Here Dealers
Section 1020.15 Buy Here, Pay Here Dealers
a) For
the purposes of this Section, a Buy Here, Pay Here used vehicle dealer (BHPH) means
any entity that engages in the business of selling or leasing of vehicles
and finances the sale or purchase price of the vehicle to a customer without
the customer using a third-party lender
(IVC Sec. 5-102.8(a)). This is done
by using a financial institution in which the BHPH has an ownership stake. By
contrast, the third-party lenders used by non-BHPH dealers licensed under the
IVC are not legally or financially associated with the BHPH.
b) A BHPH
shall only be required to acquire one license under IVC Section 5-102.8, which
would permit the BHPH to sell and/or lease 5 or more used vehicles per year.
c) A BHPH
may have a separate legal entity, in which the owner of the dealership has an
interest, that provides financing solely for customers of the BHPH. A BHPH may
sell a vehicle for cash or by other traditional financing methods. However, the
promotion, advertisement, solicitation, and general engagement in the sales
transactions performed by the BHPH and its associated financing entity must
reflect that the customer may purchase the vehicle on a payment plan basis,
within a specified period of time, from the associated financing entity in
which the BHPH has a financial stake.
d) Each BHPH
is required to submit the appropriate certificate of title and registration
fees and taxes to the Secretary of State (SOS) and the Department of Revenue,
respectively, for each sales or lease transaction, with the application for
certificate of title and registration reflecting the date of purchase the
customer agreed to the terms of the sale or lease and took possession of the
vehicle, regardless of how the sale was financed or the vehicle was transferred
to the customer.
e) Beginning
January 1, 2020, all BHPH must electronically submit titling and registration
applications to SOS, either through an ERT program or online through the SOS
website: cyberdriveillinois.com/departments/vehicles/title_
and_registration/pert.html.