SB 95 enacts the California Car Buyer’ Protection Act of 2009. Specifically, this bill: 1. Increases the fee for a license issued to dealers and lessor-retailers by $25 for the original license, or any change which requires a new application and the annual renewal of a license, and the fee for an auto broker’s endorsement to a dealer’s license and annual renewals by $50. 2. Provide that it is the intent of the Legislature by increasing the fee for the annual renewal of the license of a dealer and of a lessor-retailer by $25 that $40 of the total fee shall, when appropriated, be utilized by the Department of Motor Vehicles (DMV) for the investigation of those dealers and lessor-retailers who demonstrate the greatest potential for causing losses to consumers as shown by repeated consumer complaints, habitual violations of the requirements of their licenses, the issuance of a probationary license by the department, or a violation of other standards and criteria established by the department for these purposes. 3. Provides that when a dealer purchases or obtains a vehicle in trade in a retail sale or lease transaction and the vehicle is subject to a prior credit or lease balance, all of the following apply: A. If the dealer agreed to pay a specified amount on the prior credit or lease balance owing on the vehicle purchased or obtained in trade, and the agreement to pay the specified amount is contained in a written agreement documenting the transaction, the dealer shall tender the agreed upon amount as provided in the written agreement to the lessor registered in accordance with Vehicle Code Section 4453.5, or to the legal owner reflected on the ownership certificate, or to the designee of that lessor or legal owner of the vehicle purchased or obtained in trade within 21 calendar days of purchasing or obtaining the vehicle in trade. This time period may be shortened if the dealer and consumer agree, in writing, to a shorter time period. B. If the dealer did not set forth an agreement regarding payment of a prior credit or lease balance owed on the vehicle purchased or obtained in trade, in a written agreement documenting the transaction, the dealer shall tender to the lessor registered in accordance with Vehicle Code Section 4453.5, or to the legal owner reflected on the ownership certificate, or to the designee of that lessor or legal owner of the vehicle purchased or obtained in trade, an amount necessary to discharge the prior credit or lease balance owing on the vehicle purchased or obtained in trade within 21 calendar days of purchasing or obtaining the vehicle in trade. This time period may be shortened if the dealer and consumer agree, in writing, to a shorter time period. C. A dealer shall not sell, consign for sale, or transfer any ownership interest in the vehicle purchased or obtained in trade until an amount necessary to discharge the prior credit or lease balance owing on the vehicle has been tendered to the lessor registered in accordance with Section 4453.5, or to the legal owner reflected on the ownership certificate, or to the designee of that lessor or legal owner of the vehicle purchased or obtained in trade. 4. Provides that a dealer does not violate the foregoing section if the dealer reasonably and in good faith gives notice of rescission of the contract promptly, but no later than 21 days after the date on which the vehicle was purchased or obtained in trade, and the contract is thereafter rescinded on any of the grounds in Civil Code Section 1689. The latest Senate Analysis can be found here; the Enrolled Bill can be found here.