California § 1784.44 - A dealer subject to this title shall create and retain, for a period of two years

§ 1784.44. A dealer subject to this title shall create and retain, for a period of two years

(a) A dealer subject to this title shall create and retain, for a period of two years from the date the record is created, all records necessary to demonstrate compliance with this title, including the following records: (1) Records demonstrating that communications and advertisements of a vehicle’s total price meet the requirements of subdivision (a) of Section 1784.41. For purposes of this paragraph, “advertisement” includes internet-based listings that display a vehicle’s total price, features, or financing terms disseminated by the dealer. This paragraph shall not require retention of records generated solely by interactive tools that allow consumers to adjust variables such as downpayment, credit tier, interest rate, or loan term to receive personalized financing estimates, provided the tools do not alter or misrepresent the vehicle’s total price as advertised. (2) Copies of all purchase orders, financing and lease documents with the dealer signed by the consumer, whether or not final approval or assignment of the contract is received from a financing or lease transaction, and all written communications relating to sales, financing, or leasing between the dealer and any car buyer or lessee who signs a purchase order or financing or lease contract with the dealer. (3) Records demonstrating that add-ons in a consumer’s contract meet the requirements of Section 1784.42, including copies of all service contracts, GAP agreements, proof of timely payment for add-ons, and calculations of loan-to-value ratios in contracts including GAP agreements. (4) Copies of all cancellation requests, proof of refunds of downpayments or other consideration provided in the purchase of a vehicle, and proof of return of trade-in vehicles. (5) Copies of all written complaints sent by car buyers or lessees to the dealer relating to sales, financing, leasing, or cancellation requests under Section 1784.43, written inquiries related to add-ons, and written inquiries and responses about vehicles referenced in Section 1784.41. For the purposes of this paragraph, “complaints” does not include responses to customer surveys or reviews, or testimonials posted on the internet. (b) A dealer subject to this part may keep the records required by subdivision (a) in any legible form, and in the same manner, format, or place as they already keep records in the ordinary course of business. Failure to keep all records required under subdivision (a) is a violation of this title. (c) This section does not limit the requirements imposed by Section 2984.5.