46.2-1530 - Buyer's order.
§ 46.2-1530. Buyer's order.
A. Every motor vehicle dealer shall complete, in duplicate, a buyer's orderfor each sale or exchange of a motor vehicle. A copy of the buyer's orderform shall be made available to a prospective buyer during the negotiatingphase of a sale and prior to any sales agreement. The completed originalshall be retained for a period of four years in accordance with § 46.2-1529,and a duplicate copy shall be delivered to the purchaser at the time of saleor exchange. A buyer's order shall include:
1. The name and address of the person to whom the vehicle was sold or traded.
2. The date of the sale or trade.
3. The name and address of the motor vehicle dealer selling or trading thevehicle.
4. The make, model year, vehicle identification number and body style of thevehicle.
5. The sale price of the vehicle.
6. The amount of any cash deposit made by the buyer.
7. A description of any vehicle used as a trade-in and the amount creditedthe buyer for the trade-in. The description of the trade-in shall be the sameas outlined in subdivision 4 of this subsection.
8. The amount of any sales and use tax, title fee, uninsured motor vehiclefee, registration fee, purchaser's on-line systems filing fee, or other feerequired by law for which the buyer is responsible and the dealer hascollected. Each tax and fee shall be individually listed and identified.
9. The net balance due at settlement.
10. Any item designated as "processing fee," and the amount charged by thedealer, if any, for processing the transaction. As used in this sectionprocessing includes obtaining title and license plates for the purchaser, butshall not include any "purchaser's on-line systems filing fee" as definedin § 46.2-1530.1 or any "dealer's manual transaction fee" as defined in §46.2-1530.2.
11. Any item designated as "dealer's business license tax," and the amountcharged by the dealer, if any.
12. If the dealer delivers to the customer a vehicle purchased by thecustomer on or after July 1, 2010, that is conditional on dealer-arrangedfinancing, the following notice, printed in bold type no less than 10 point:"IF YOU ARE FINANCING THIS VEHICLE, PLEASE READ THIS NOTICE: YOU AREPROPOSING TO ENTER INTO A RETAIL INSTALLMENT SALES CONTRACT WITH THE DEALER.PART OF YOUR CONTRACT INVOLVES FINANCING THE PURCHASE OF YOUR VEHICLE. IF YOUARE FINANCING THIS VEHICLE AND THE DEALER INTENDS TO TRANSFER YOUR FINANCINGTO A FINANCE PROVIDER SUCH AS A BANK, CREDIT UNION OR OTHER LENDER, YOURVEHICLE PURCHASE DEPENDS ON THE FINANCE PROVIDER'S APPROVAL OF YOUR PROPOSEDRETAIL INSTALLMENT SALES CONTRACT. IF YOUR RETAIL INSTALLMENT SALES CONTRACTIS APPROVED WITHOUT A CHANGE THAT INCREASES THE COST OR RISK TO YOU OR THEDEALER, YOUR PURCHASE CANNOT BE CANCELLED. IF YOUR RETAIL INSTALLMENT SALESCONTRACT IS NOT APPROVED, THE DEALER WILL NOTIFY YOU VERBALLY OR IN WRITING.YOU CAN THEN DECIDE TO PAY FOR THE VEHICLE IN SOME OTHER WAY OR YOU OR THEDEALER CAN CANCEL YOUR PURCHASE. IF THE SALE IS CANCELLED, YOU NEED TO RETURNTHE VEHICLE TO THE DEALER WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE IN THESAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR. ANY DOWNPAYMENT OR TRADE-IN YOU GAVE THE DEALER WILL BE RETURNED TO YOU. IF YOU DONOT RETURN THE VEHICLE WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE OFCANCELLATION, THE DEALER MAY LOCATE THE VEHICLE AND TAKE IT BACK WITHOUTFURTHER NOTICE TO YOU AS LONG AS THE DEALER FOLLOWS THE LAW AND DOES NOTCAUSE A BREACH OF THE PEACE WHEN TAKING THE VEHICLE BACK. IF THE DEALER DOESNOT RETURN YOUR DOWN PAYMENT AND ANY TRADE-IN WHEN THE DEALER GETS THEVEHICLE BACK IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMALWEAR AND TEAR, THE DEALER MAY BE LIABLE TO YOU UNDER THE VIRGINIA CONSUMERPROTECTION ACT."
13. For sales of used motor vehicles, the disclosure required by §46.2-1529.1.
If the transaction does not include a policy of motor vehicle liabilityinsurance, the seller shall stamp or mark on the face of the bill of sale inboldface letters no smaller than 18 point type the following words: "NoLiability Insurance Included."
A completed buyer's order when signed by both buyer and seller may constitutea bill of sale.
B. The Board shall approve a buyer's order form and each dealer shall filewith each original license application its buyer's order form, on which theprocessing fee amount is stated.
C. If a processing fee is charged, that fact and the amount of the processingfee shall be disclosed by the dealer. Disclosure shall be by placing a clearand conspicuous sign in the public sales area of the dealership. The signshall be no smaller than eight and one-half inches by eleven inches and theprint shall be no smaller than one-half inch, and in a form as approved bythe Board.
D. If the buyer's order is for a new motor vehicle having a gross vehicleweight rating of less than 16,000 pounds that had accumulated, at the time ofthe sale, mileage in excess of 750 miles as a demonstrator or as a result ofdelivery to a prospective purchaser who never took title to the new motorvehicle and returned it, the vehicle may be sold as new, provided the dealerdelivers this disclosure in writing on the buyer's order containing type ofno smaller than 10 point or in a separate document containing only thedisclosure in type of no smaller than 14 point: "Notice: This new motorvehicle has accumulated mileage in excess of 750 miles as the result of useas a demonstrator and/or as the result of delivery to a prior prospectivepurchaser who never took title to it and who returned it." When delivered asa separate document, this disclosure shall also contain the actual odometerreading for the vehicle and shall be signed by the purchaser.
(1988, c. 865, § 46.1-547.5; 1989, c. 727; 1990, c. 900; 1993, c. 586; 1995,cc. 767, 816, 849; 2000, c. 116; 2003, c. 997; 2009, c. 783; 2010, cc. 292,359, 459.)