So I posted this in the comments, but the two laws that they are trying to target, one *technically* doesn't apply (which appears to be the main one the DMV is contesting, related to the "Bird Dog" laws, and the second one is practically unenforceable:
"Use of “Bird Dogs” (Illegal Salesperson Activity) It is unlawful for any licensed dealer to employ any person as a salesperson, who has not been licensed by the department as outlined in CVC Section 11800. This includes the payment of “referral” or “finders” fee to any person who directs a potential customer to a dealer. It is unlawful for any licensed salesperson to perform the sales activities outlined in CVC Section 675 at any location other than the employing dealer’s licensed location."
and
"V C Section 11800 Unlawful to Act as Vehicle Salesperson Without License
Unlawful to Act as Vehicle Salesperson Without License
11800. It shall be unlawful for any person to act as a vehicle salesperson without having first procured a license or temporary permit issued by the department or when that license or temporary permit issued by the department has been canceled, suspended, revoked, or invalidated or has expired.
Amended Ch. 1563, Stats. 1990. Effective January 1, 1991"
So here goes, technically it isn't the "dealer" issuing the rebate, but the manufacturer. The "dealer" didn't hire (officially or unofficially) anyone. So the "licensed dealer" referenced by the law didn't do anything. It was the manufacturer. And it is a manufacturer rebate to both the referral and referee. In fact, you aren't even directing the person to a "licensed dealer" you are directing them to the manufacturer's website. I don't give people a link to Bob's Tesla in Palm Springs... I am sending them to
Teslamotors.com (just the same a
bmw.com or
mb.com). So the first law referenced is clearly not applicable (or it can be argued that way).
The second one... well, that one is technically true. But it is also totally unenforceable. I mean, are you going to ticket people because they are standing around talking about a car? Let me take you to the nearest cars and coffee in your area and let you start ticketing all the BMW, MB, Lambo, Ferrari... owners for talking about their cars because clearly they are trying to get you to buy their car. Good luck enforcing that one...