Floor plan financing is a revolving line of credit that lets a dealer buy inventory now and pay for it as it sells. The lender advances the money for each vehicle, takes a security interest in your inventory, and gets paid back unit by unit, usually within days of each retail sale. Nearly every dealership runs on some version of it, franchise or independent, because almost nobody can pay cash for sixty cars and then wait for them to sell.
That's the concept. The details are where dealers thrive or get buried. We represent Georgia motor vehicle dealers in disputes with floorplan lenders, and the pattern in the hard cases is consistent: the dealer understood the financing as a product but never read it as a contract. This is the complete picture, both halves.
How does floor plan financing work?
Mechanically, a floor plan is a credit line with a sub-loan for every vehicle on your lot. You buy a truck at auction for $18,000; the lender pays the auction directly, adds an $18,000 advance to your balance, and usually holds the title until that advance is paid off. Multiply by every unit in inventory and that's your "floored" position.
While a vehicle sits, three clocks run:
- Interest and fees accrue on that unit's advance from day one.
- Curtailments come due at intervals set by your agreement, commonly tied to how long the unit has been on the line. A curtailment is a mandatory principal paydown: the lender's way of making sure its loan balance falls faster than an aging car's value.
- Audits, also called floor checks or lot checks, happen periodically and often unannounced. An auditor counts your lot, and every floored vehicle must be physically present or properly accounted for: out on a documented test drive, at a repair shop, or sold with a payoff already in flight.
When the vehicle sells, the loop closes. You collect from your buyer, remit the payoff on that unit within the window your contract sets (measured in days, not weeks), and the lender releases the title so you can deliver clean paper to your customer. Your line frees up, and you go buy the next car. Run correctly, it's a smooth machine.
Who offers floor plan financing
The market has three lanes, and most Georgia dealers will price at least two of them at some point.
Captive lenders. The manufacturers' finance arms floor new-car inventory for their franchise dealers. If you hold a franchise, your captive relationship is largely set for you, and the real negotiation happens around used inventory and aged-unit terms.
Specialty floorplan companies. For independent dealers, national players like NextGear Capital, AFC, Floorplan Xpress, and Westlake dominate. They're built for the auction economy: fast approvals, integration with the lanes and online sales platforms, title services, and mobile account tools. You pay for that convenience in rate and fees, and their curtailment schedules and audit cadence are typically the strictest in the market.
Banks, including your local bank. Community banks in Georgia will floor inventory for dealers they know, and bank money is usually the cheapest on the shelf.
Your local bank versus a specialty lender
The bank route trades convenience for cost. Expect a slower approval, a harder look at your financials, more conservative advance rates, and none of the auction-lane integration. In exchange you get a lower rate, a banker who knows your business by name, and a lender whose first instinct in a rough quarter is often a conversation rather than a freeze. Plenty of established dealers run a hybrid: a bank line for the core of the inventory, a specialty line for auction agility. What matters is that you compare the whole document, not just the rate sheet. A cheap line with a hair-trigger default section can cost far more than the spread you saved.
The legal architecture underneath your line
Now for the machinery the sales pitch never mentions. Every floor plan rides on a security agreement governed by Article 9 of Georgia's Uniform Commercial Code (O.C.G.A. § 11-9-101 et seq.), the law of secured transactions: it lets a lender take a lien on your inventory, perfect that lien with a public UCC-1 filing, and enforce it if you default. Three features of that architecture matter more than everything else in the stack of paper you signed.
The lien covers proceeds. The lender's security interest doesn't stop at the sheet metal. It follows the money: when a floored car sells, the sale proceeds are the lender's collateral until the payoff clears. That single concept drives the entire sold-out-of-trust problem below.
The personal guaranty is nearly universal. Your dealership may be an LLC or corporation, but virtually every floorplan lender requires the owner to sign personally. If the entity can't pay, the lender can come after your house, your savings, everything the entity structure was supposed to wall off. Owners sign these at closing without blinking, then are stunned to relearn them in a workout.
Cross-default clauses connect everything. Most agreements say a default on any other obligation, another loan, sometimes even a material adverse change in your finances, is a default on the floor plan too. A stumble somewhere else in the business can hand your floorplan lender its remedies even while every curtailment is current.
Sold out of trust: the most dangerous phrase in the business
A dealer sells out of trust by selling a floored vehicle and not remitting the lender's payoff on time. It almost never starts as a scheme. A slow month, payroll due Friday, a customer's check from last week's sale sitting in the operating account, and the payoff can wait a few days. Then a few more. Then it's three cars.
The money from a floored car's sale was never really yours. That is the entire legal problem with selling out of trust.
Understand what SOT actually is, legally. It's a contract default, which lets the lender freeze the line, demand payment in full, repossess inventory, and sue on your guaranty. But because the proceeds were the lender's collateral, spending them can also be conversion, a civil claim that you appropriated someone else's property. And in serious cases it goes further: Georgia's theft by conversion statute (O.C.G.A. § 16-8-4) makes it a crime to lawfully obtain funds under an agreement to apply them a particular way and convert them to your own use instead, and federal prosecutors have sent a Georgia used-car dealer to prison over a multiyear floor plan fraud. Whether a shortfall stays a business dispute or becomes something worse usually turns on intent, concealment, and pattern. One late payoff you flag yourself looks nothing like ten hidden ones an auditor finds.
What to do at the first sign of trouble
The cardinal rule: get ahead of it. Talk to the lender and a lawyer before the audit finds the problem, because the audit will find it. Floorplan lenders see cash crunches constantly, and a dealer who calls first, with real numbers and a repayment proposal, is a workout candidate. Curtailment extensions, payoff schedules, and forbearance agreements get negotiated every week in this industry. A dealer who dodges the auditor, shuffles cars between lots, or papers over a sale has converted a money problem into a fraud problem, and fraud problems end careers.
Timing matters on the legal side too. A business lawyer who works with dealers can read your default and guaranty provisions before you call the lender, tell you what's actually negotiable, and keep a workout conversation from becoming an admission. If you want that read on your agreement, or you're staring at an audit discrepancy right now, bring the documents to a $500 Strategy Session and leave knowing where you stand. For dealers who want counsel in their corner year-round, The Driveway puts this kind of review on retainer without the retainer pricing.
Floor plan financing built the modern car business, and it works beautifully right up until it doesn't. Know the machine, read the architecture, and never spend the lender's money while you decide what to do next.
Frequently Asked Questions
How does floor plan financing work for car dealers?
The lender advances most or all of each vehicle's purchase price, takes a security interest in your inventory, and gets paid off vehicle by vehicle as each unit sells. Between purchase and sale you pay interest and fees, make scheduled principal paydowns called curtailments, and submit to periodic inventory audits.
What does "sold out of trust" mean?
Sold out of trust, or SOT, means a dealer sold a floored vehicle but didn't remit the lender's payoff within the window the contract requires. It's a default under the floor plan agreement, and because the sale proceeds legally belong to the lender, it can also support a civil conversion claim and, in serious cases, criminal charges.
Can I use my local bank for floor plan financing?
Yes, many Georgia community banks will floor dealer inventory, and bank money is usually the cheapest on the shelf. The tradeoffs are speed and fit: banks tend to fund slower, advance more conservatively, and audit like banks, while specialty floorplan companies are built around auction-lane speed and dealer operations.
What happens if a dealer fails a floor plan audit?
A vehicle the auditor can't locate or verify typically triggers an immediate demand to pay that unit off, and unresolved discrepancies can put the entire line in default. From there the lender can freeze advances, demand full payment, repossess inventory, and pursue the personal guaranty, so audit problems deserve a same-day response, not a shrug.
Is selling out of trust a crime in Georgia?
It can be. SOT starts as a breach of contract, but Georgia's theft by conversion statute (O.C.G.A. § 16-8-4) criminalizes lawfully receiving funds under an agreement to apply them a certain way and converting them to your own use, and federal prosecutors have sent Georgia dealers to prison over floor plan fraud. Intent and pattern usually decide whether a shortfall stays civil.
This page shares general information about Georgia law, not legal advice, and reading it does not create an attorney-client relationship. For advice about your specific situation, schedule a Strategy Session. Some of our content is drafted with the assistance of AI tools and reviewed by our team before publishing. AI can make mistakes, so please verify important facts before relying on them. The information here was current as of August 28, 2026, the date this was published. Laws change, so it may not be current or accurate when you read it.
