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AIADA / NIADA Dealer Alert: FTC Announces Changes to Used Car Rule

Final Amendments Include New “As Is” Description, Warranty Notifications, Vehicle History Report Statement on Buyers Guide

AIADA / NIADA will send more update to this New Rule by email, if you are not getting emails now, email us at randyejone@live.com we will add you to the list.

Arlington, Texas (Nov. 11, 2016) —  The Federal Trade Commission announced its final amendments to the Used Car Rule.

The rule requires dealers to display a Buyers Guide in the window of all used vehicles offered for sale. The guide discloses to potential buyers whether the vehicle is sold “as is” or with a warranty, and includes information about the warranty if one is provided.

The FTC solicited comments regarding possible changes to the rule and the Buyers Guide in December 2012, and later sought additional comments regarding vehicle history information and other topics based on those received in the first round.

The new amendments, which take effect Jan. 2017, make several changes to the Buyers Guide, including:

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

The amended rule allows dealers to use their remaining stock of Buyers Guides for one year after its effective date. The amendments which were enacted by a 3-0 vote of the commission.

Used vehicle dealers can get more information from the FTC’s “Dealer’s Guide to the Used Car Rule,” which is available at www.ftc.gov/tips-advice/business-center/guidance/dealers-guide-used-car-rule.

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