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Westborough October 19th, 2007
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Selectmen deny auto dealer's license
By Catie Foertsch Community Reporter

Westborough - On Oct. 9, the Board of Selectmen heard a request for a Class II auto dealer's license from Howard Garsham of Melbourne Property LTD, who buys vehicles at auctions and exports them to buyers in other countries. Saying that state law required them to make sure the license was being properly used, the selectmen denied Garsham's request because he has no inventory and no local customers, and the town would have no way of inspecting his business.

Town Coordinator Henry Danis said the state's laws had not yet caught up with how business is being done in the Internet age, and the town was caught in the middle. More and more auto dealers were buying and selling autos without actually having a physical auto lot, Danis said, yet the town was still required to monitor sure businesses they licensed were operating responsibly.

Police Chief Alan Gordon said that with a used car lot, he had the ability to inspect a business's books to make sure the vehicles weren't stolen.

When a dealer bought vehicles at auction but did not take physical custody, he said, "I have an issue with being unable to oversee those operations."

Garsham countered Gordon's argument, saying his business was being controlled because a valid title had to be presented to U.S. Customs before a vehicle could be exported. He also told the selectmen that he had business contacts in countries around the world, even in countries he shouldn't be operating in. The selectmen said this information further disturbed them, as it seemed to indicate that Garsham might be operating illegally.

Garsham said he didn't technically need the license to do business, but more and more auction houses were requiring a license for dealers to attend and purchase vehicles wholesale, and he was being "boxed in by the industry's practices, not by the laws of Massachusetts."

Town Counsel Gregory Franks said that a literal interpretation of the law indicated that Garsham was indeed required to have a license to buy and sell cars.