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USE OF REVISED USED CAR BUYERS GUIDES MANDATORY

By Shawn D. Mercer, Esq.

USE OF REVISED USED CAR BUYERS GUIDES MANDATORY

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As of January 27, 2018, all remaining dealer stock of the old version of the Used Car Buyers Guide can no longer be used by dealers.  Use of the new form of Used Car Buyers Guide is now mandatory. It is imperative that dealers ensure compliance with the Federal Used Car Rule by utilizing the new form.

The new Buyers Guide includes the following changes:

  • Changing the description of an “As Is” sale;
  • Placing boxes on the face of the Buyers Guide that dealers can check to indicate whether a vehicle is covered by a third-party warranty and whether a service contract may be available;
  • Providing a box that dealers can check to indicate that an unexpired manufacturer’s warranty applies;
  • Adding air bags and catalytic converters to the Buyers Guide’s list of major defects that may occur in used vehicles;
  • Adding a statement that directs consumers to obtain a vehicle history report and to check for open recalls.  The statement also instructs consumers to:
    • visit www.ftc.gov/usedcars for information on how to obtain a vehicle history report; and
    • visit safercar.gov to check for open safety recalls;
  • Adding a statement, in Spanish, to the English-language Buyers Guide, advising Spanish-speaking consumers to ask for the Buyers Guide in Spanish if the dealer is conducting the sale in Spanish; and
  • Providing a Spanish translation of the statement that dealers may use to obtain a consumer’s acknowledgement of receipt of the Buyers Guide.

Questions concerning the Used Car Buyers Guide should be directed to your dealer lawyer.

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