I think there is something written that says seller has to disclose all known deficiencies. I know it's slippery, but I wish I could find it.
I think there is something written that says seller has to disclose all known deficiencies. I know it's slippery, but I wish I could find it.
Yes I believe I saw that as well
- Goin' H.A.M. Mobile
I wonder how many cars he's sold this year?
http://www.ftc.gov/bcp/guides/usedcar-comply.shtm#Intro
Under the Rule, the term "dealer" includes any person or business that is presently selling or offering for sale a used vehicle, after having sold or offered for sale five or more used vehicles during the previous twelve months. In other words, a person or business becomes a "dealer," for purposes of the FTC Used Car Rule, upon offering for sale the sixth used vehicle in twelve months. The Rule does not impose any requirements on persons or businesses that offer fewer than six used vehicles for sale in twelve months. Illustrations 2.1 and 2.2 discuss this provision of the Rule.
IV. Sales Contract and Warranty Disclosures
A. The Used Car Rule's Requirements
Pursuant to ยง 455.3(b) of the Rule, information on the Buyers Guide will override any contrary provisions that there may be in the sales contract. To inform consumers of this provision of the Used Car Rule, you must place the disclosure that follows in the sales contract in a conspicuous manner:
The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale.12
See Illustration 4.1 for a discussion of whether a financing document must contain the disclosure.
B. The Warranty Disclosure Rule's Requirements
If you offer a warranty, you must comply with the Federal Trade Commission's Warranty Disclosure Rule, 16 CFR Part 701. The disclosures required by this Rule may be placed in the "sales contract" or in a separate warranty document, but they must all appear together in the same document. Specifically, in simple and readily understood language, your warranty document must:
(1) State whether the warranty offered is "full" or "limited."
(2) Indicate the percentage of the repair costs that you will pay.
(3) List the specific systems that are covered by the warranty.
(4) List any parts or systems that are excluded from coverage under the warranty, if it is necessary for clarification. For example, "battery not covered."
(5) Indicate the duration of warranty coverage for each of the covered systems.
(6) Explain how a customer gets warranty service. Include your company's name, address, and the telephone number of the person to call concerning warranty service.
(7) Include the following disclosure: "This warranty gives you specific legal rights, and you may also have other rights which vary from state to state."
(8) Disclose all obligations that the consumer has, if any, as a condition to obtaining warranty service.
(9) Include the following disclosure only if you wish to limit the duration of implied warranties: "Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you."
(10) Include the following disclosure only if you wish to exclude or limit consequential or incidental damages: "Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you."
(11) Indicate who is covered by the warranty, if you choose to limit the coverage. For example, "warranty covers only the original purchaser" or "commercial use excluded."
Put into the warranty document everything that you will do and everything that you expect your customers to do under the warranty. Make sure that your customers can find each item of information in the warranty easily.
The Federal Trade Commission has prepared several publications that also may help you to comply with the laws and regulations governing warranties. "Writing Readable Warranties" is available for $2.00, from the Superintendent of Documents, Washington, DC 20402, GPO Order #: 018-000-000303-1. "A Businessperson's Guide to Federal Warranty Law," GPO Order #: 018-000-00324-4, is available for $1.50, also from the Superintendent of Documents. A supplement to that publication, containing the relevant statutes and regulations, is available at no charge from the Publications Branch, Federal Trade Commission, Washington, DC 20580.
You may also want to consult your lawyer to be sure that your warranty meets all the requirements of both Federal and state laws.
yeah unfortunately for me I don't think thats him
Has the conversation with the PO already started?
unfortunately no... :(
trying to give benefit of the doubt to him being busy but I'm getting close to boiling over.
got word, not good news... said "he can't help me as I purchased the car "AS-IS".
Was that stated in any of the emails between you two or verbally?Quote:
Originally Posted by UdubBadger
Sent from my Nexus 10 using Tapatalk 2
yes in the emails. i can quote him saying the car is in perfect condition minus the rear view mirror not dimming, which he later fixed.
he also indicated the "ACTUAL" mileage was 85700 on the bill of sale, i have a photo of the car with mileage of 85667, can that be used?
Looks like your options are going to be litigation which could eclipse the cost of the repairs and your not guaranteed a win. Or swallow a bitter 4 grand pill. Maybe ask Marcus what he thinks but he is a pretty busy dude.
Sent from my Nexus 10 using Tapatalk 2