46.2-1529.1 - Sales of used motor vehicles by dealers; disclosures; penalty.
§ 46.2-1529.1. Sales of used motor vehicles by dealers; disclosures; penalty.
A. If, in any retail sale by a dealer of a used motor vehicle of under 6,000pounds gross vehicle weight for use on the public highways, and normally usedfor personal, family or household use, the dealer offers an express warranty,the dealer shall provide the buyer a written disclosure of this warranty. Thewritten disclosure shall be the Buyer's Guide required by federal law, shallbe completely filled out and, in addition, signed and dated by the buyer andincorporated as part of the buyer's order.
B. A dealer may sell a used motor vehicle at retail "AS IS" and exclude allwarranties only if the dealer provides the buyer, prior to sale, a separatewritten disclosure as to the effect of an "AS IS" sale. The writtendisclosure shall be conspicuous and contained on the front of the buyer'sorder and printed in not less than bold, ten-point type and signed by thebuyer: "I understand that this vehicle is being sold "AS IS' with all faultsand is not covered by any dealer warranty. I understand that the dealer isnot required to make any repairs after I buy this vehicle. I will have to payfor any repairs this vehicle will need." A fully completed Buyer's Guide, asrequired by federal law, shall be signed and dated by the buyer andincorporated as part of the buyer's order.
C. Failure to provide the applicable disclosure required by subsection A or Bof this section shall be punishable by a civil penalty of no more than$1,000. Any such civil penalty shall be paid into the general fund of thestate treasury. Furthermore, if the applicable disclosure required bysubsection A or B of this section is not provided as required in thissection, the buyer may cancel the sale within thirty days. In this case, thebuyer shall have the right to return the vehicle to the dealer and obtain afull refund of all payments made toward the purchase of the vehicle, less anydamage to the vehicle incurred while ownership was vested in the purchaser,and less a reasonable amount for the use not to exceed one-half the amountallowed per mile by the Internal Revenue Service, as provided by regulation,revenue procedure, or revenue ruling promulgated pursuant to § 162 of theInternal Revenue Code, for use of a personal vehicle for business purposes.Notice of the provisions of this subsection shall be included as part ofevery disclosure made under subsection A or B of this section.
(1995, c. 849.)