PRINTER'S NO. 1584
No. 1242 Session of 1998
INTRODUCED BY SALVATORE, SLOCUM, COSTA, THOMPSON, AFFLERBACH,
TOMLINSON, DELP, MADIGAN, KASUNIC, MOWERY, PICCOLA,
BRIGHTBILL, MURPHY, WENGER, LEMMOND, GREENLEAF AND SCHWARTZ,
JANUARY 21, 1998
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JANUARY 21, 1998
AN ACT
1 Requiring disclosure of new motor vehicle damage; and providing
2 for enforcement.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the New Motor
7 Vehicle Damage Disclosure Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Damage." Any physical harm sustained or incurred by a
13 vehicle, whether or not repaired or replaced.
14 "New motor vehicle." A vehicle, regardless of mileage, which
15 has never been registered or titled to an ultimate purchaser in
16 this Commonwealth or any other state or jurisdiction or which
1 has not been sold, bargained, exchanged or given away to an
2 ultimate purchaser. A transfer between dealers for the purpose
3 of resale shall not be considered as a transfer to an ultimate
4 purchaser.
5 Section 3. New motor vehicle damage disclosure.
6 (a) Notice to purchaser.--The selling vehicle dealer shall
7 notify the purchaser of a new vehicle in writing at the time of
8 sale of any damage or damage repairs incurred by the new
9 vehicle, regardless of whether or not the damaged portion was
10 repaired or replaced, which exceeds the greater of $500 or 3% of
11 the manufacturer's suggested retail price. Damage exceeding the
12 disclosure amount shall be disclosed by the vehicle dealer when:
13 (1) the manufacturer or its agent, in accordance with
14 the act of December 22, 1983 (P.L.306, No.84), known as the
15 Board of Vehicles Act, discloses that, at any time after the
16 manufacturing process is complete, damage occurred or damage
17 repairs were made;
18 (2) the vehicle dealer knows or should know based on
19 facts indicating that other damage or damage repair exists in
20 addition to the damage or repairs required to be disclosed
21 under paragraph (1); or
22 (3) the combined total of damage or damage repairs made
23 under paragraphs (1) and (2) exceeds the greater of $500 or
24 3% of the manufacturer's suggested retail price.
25 A vehicle dealer shall not misrepresent or mislead a purchaser
26 if the purchaser inquires about the existence of damage or
27 damage repairs made.
28 (b) Damage repair cost calculation.--In determining whether
29 damage disclosure is required, repair costs shall be calculated
30 at the vehicle dealer's retail charge on the date the repairs
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1 were made for:
2 (1) Parts.
3 (2) Labor multiplied by the time taken to make the
4 repairs as established by a time allowance from a repair
5 manual utilized by the dealer.
6 All parts shall be replaced only with new, original equipment
7 manufacturer parts. Replacement of any permanently sealed-glass
8 window shall be disclosed to the purchaser regardless of the
9 cost of the replacement window. The value of any permanently
10 sealed-glass window replacement shall not be included in the
11 calculation process to determine whether damage disclosure is
12 required under this act. The value of any portion of a motor
13 home designed, used or maintained primarily for human habitation
14 shall not be included in the calculation process to determine
15 whether damage disclosure is required under this act.
16 (c) Form for damage disclosure notice.--If damage disclosure
17 to the purchaser is required under this act, the purchaser prior
18 to the time of sale shall be provided with a fully completed
19 copy of a damage disclosure form which shows the date of the
20 disclosure and the name and address of the seller, indicates
21 whether any manufacturer's warranty applicable to the vehicle is
22 affected by the damage or damage repairs and whether the damage
23 or damage repairs are covered by any manufacturer's warranty and
24 contains in immediate proximity to the space provided for the
25 signature of the purchaser in boldface type of a minimum size of
26 ten points, a statement in substantially the following form:
27 New Vehicle Damage Disclosure Notice
28 In accordance with the Commonwealth of Pennsylvania's New Motor
29 Vehicle Damage Disclosure Act and in connection with the
30 purchase from __________________ (Dealer) of the motor
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1 vehicle described
2 as follows:
3 Year____Make___________________Type___________________
4 Serial No._____________________Stock No.______________
5 I/we the undersigned, hereby acknowledge that Dealer
6 has disclosed to me/us before I/we agreed to purchase
7 the above listed vehicle that the vehicle has been
8 subjected to postmanufacturing damage as follows:
9 Damage Description: __________________________________
10 ______________________________________________________
11 ______________________________________________________
12 ______________________________________________________
13 ______________________________________________________
14 ______________________________________________________
15 The above disclosed damage or repaired damage is:
16 ( ) covered ( ) not covered (check one)
17 by the manufacturer's warranty.
18 The above disclosed damage or repaired damage has
19 (check one):
20 ( ) no effect on the manufacturer's warranty
21 ( ) the following effect on the manufacturer's warranty
22 (specify) ____________________________________________
23 ______________________________________________________
24 I/we further acknowledge that the listed damage has
25 been repaired to my/our satisfaction.
26 Date: ________
27 ______________________ __________________________
28 Signature of Purchaser Signature of Co-Purchaser
29 ______________________ __________________________
30 Printed Name Printed Name
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1 __________________________________
2 Signature of Dealer Representative
3 Section 4. No rescission of sale.
4 If disclosure is not required under this act, a purchaser may
5 not revoke or rescind a sales contract and is not entitled to
6 other damages or relief under section 8 due solely to the fact
7 that the vehicle was damaged and repaired prior to the sale.
8 Section 5. Other statutory rights reserved.
9 Nothing in this act shall diminish any other rights or
10 remedies which the purchaser has under the act of March 28, 1984
11 (P.L.150, No.28), known as the Automobile Lemon Law, as amended,
12 reenacted or superseded. If damage is not required to be
13 disclosed under this act, nothing in this act shall diminish any
14 rights or remedies which the purchaser has for that damage under
15 13 Pa.C.S. (relating to commercial code).
16 Section 6. Board of Vehicles Act inapplicable.
17 Section 10(b) of the act of December 22, 1983 (P.L.306,
18 No.84), known as the Board of Vehicles Act, shall not apply and
19 is superseded by this act.
20 Section 7. Exemption.
21 The provisions of this act shall not apply to manufacturers,
22 distributors or dealers of manufactured housing, or
23 manufacturers, distributors or dealers of motorcycles.
24 Section 8. Application of Consumer Protection Law.
25 A violation of this act shall constitute a violation under
26 the act of December 17, 1968 (P.L.1224, No.387), known as the
27 Unfair Trade Practices and Consumer Protection Law, and shall be
28 subject to the enforcement provisions and private rights of
29 action contained in that act.
30 Section 9. Effective date.
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1 This act shall take effect in 60 days.
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