PART 455—USED MOTOR VEHICLE TRADE REGULATION RULE Authority: 15 U.S.C. 2309; 15 U.S.C. 41-58. Source: 49 FR 45725, Nov. 19, 1984, unless otherwise noted. § 455.1 General duties of a used vehicle dealer; definitions. (a) It is a deceptive act or practice for any used vehicle dealer, when that dealer sells or offers for sale a used vehicle in or affecting commerce as commerce (1) To misrepresent the mechanical condition of a used vehicle; (2) To misrepresent the terms of any warranty offered in connection with the sale of a used vehicle; and (3) To represent that a used vehicle is sold with a warranty when the vehicle is sold without any warranty. (b) It is an unfair act or practice for any used vehicle dealer, when that dealer sells or offers for sale a used vehicle in or affecting commerce as commerce (1) To fail to disclose, prior to sale, that a used vehicle is sold without any warranty; and (2) To fail to make available, prior to sale, the terms of any written warranty offered in connection with the sale of a used vehicle. (c) The Commission has adopted this Rule in order to prevent the unfair and deceptive acts or practices defined in paragraphs (a) and (b). It is a violation of this Rule for any used vehicle dealer to fail to comply with the requirements set forth in §§ 455.2 through 455.5 of this part. If a used vehicle dealer complies with the requirements of §§ 455.2 through 455.5 of this part, the dealer does not violate this Rule. (d) The following definitions shall apply for purposes of this part: (1) Vehicle (2) Used vehicle (3) Dealer (4) Consumer (5) Warranty (6) Implied warranty (7) Service contract (8) You [49 FR 45725, Nov. 19, 1984, as amended at 81 FR 81678, Nov. 18, 2016] § 455.2 Consumer sales—window form. (a) General duty. i.e., (1) The Buyers Guide shall be displayed prominently and conspicuously in any location on a vehicle and in such a fashion that both sides are readily readable. You may remove the form temporarily from the vehicle during any test drive, but you must return it as soon as the test drive is over. (2) The capitalization, punctuation and wording of all items, headings, and text on the form must be exactly as required by this Rule. The entire form must be printed in 100% black ink on a white stock no smaller than 11 inches high by 7 1/4 (b) Warranties No Implied Warranty—“As Is”/No Dealer Warranty. i.e., (ii) If your State law limits or prohibits “as is” sales of vehicles, that State law overrides this part and this rule does not give you the right to sell “as is.” In such States, the heading “As Is—No Dealer Warranty” and the paragraph immediately accompanying that phrase must be deleted from the form, and the following heading and paragraph must be substituted as illustrated in the Buyers Guide in Figure 2. If you sell vehicles in States that permit “as is” sales, but you choose to offer implied warranties only, you must also use the following disclosure instead of “As Is—No Dealer Warranty” as illustrated by the Buyers Guide in Figure 2. See IMPLIED WARRANTIES ONLY The dealer doesn't make any promises to fix things that need repair when you buy the vehicle or afterward. But implied warranties (2) Full/Limited Warranty. (i) Whether the warranty offered is “Full” or “Limited.” Mark the box next to the appropriate designation. A “Full” warranty is defined by the Federal Minimum Standards for Warranty set forth in section 104 of the Magnuson-Moss Act, 15 U.S.C. 2304 (1975). The Magnuson-Moss Act does not apply to vehicles manufactured before July 4, 1975. Therefore, if you choose not to designate “Full” or “Limited” for such vehicles, cross out both designations, leaving only “Warranty.” (ii) Which of the specific systems are covered (for example, “engine, transmission, differential”). You cannot use shorthand, such as “drive train” or “power train” for covered systems. (iii) The duration (for example, “30 days or 1,000 miles, whichever occurs first”). (iv) The percentage of the repair cost paid by you (for example, “The dealer will pay 100% of the labor and 100% of the parts.”) (v) You may, but are not required to, disclose that a warranty from a source other than the dealer applies to the vehicle. If you choose to disclose the applicability of a non-dealer warranty, mark the applicable box or boxes beneath “NON-DEALER WARRANTIES FOR THIS VEHICLE” to indicate: “MANUFACTURER'S WARRANTY STILL APPLIES. The manufacturer's original warranty has not expired on some components of the vehicle,” “MANUFACTURER'S USED VEHICLE WARRANTY APPLIES,” and/or “OTHER USED VEHICLE WARRANTY APPLIES.” If, following negotiations, you and the buyer agree to changes in the warranty coverage, mark the changes on the form, as appropriate. If you first offer the vehicle with a warranty, but then sell it without one, cross out the offered warranty and mark either the “As Is—No Dealer Warranty” box or the “Implied Warranties Only” box, as appropriate. (3) Service contracts. See □ SERVICE CONTRACT. A service contract on this vehicle is available for an extra charge. Ask for details about coverage, deductible, price, and exclusions. If you buy a service contract within 90 days of your purchase of this vehicle, implied warranties (c) Name and Address. (d) Make, Model, Model Year, VIN. (e) Complaints. (f) Optional Signature Line. In the space provided for the name of the individual to be contacted in the event of complaints after sale, you may include a signature line for a buyer's signature. If you opt to include a signature line, you must include a disclosure in immediate proximity to the signature line stating: “I hereby acknowledge receipt of the Buyers Guide at the closing of this sale.” You may pre-print this language on the form if you choose. [49 FR 45725, Nov. 19, 1984, as amended at 60 FR 62205, Dec. 5, 1995; 77 FR 73914, Dec. 12, 2012; 81 FR 81678, Nov. 18, 2016] § 455.3 Window form. (a) Form given to buyer. (b) Incorporated into contract. 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. § 455.4 Contrary statements. You may not make any statements, oral or written, or take other actions which alter or contradict the disclosures required by §§ 455.2 and 455.3. You may negotiate over warranty coverage, as provided in § 455.2(b) of this part, as long as the final warranty terms are identified in the contract of sale and summarized on the copy of the window form you give to the buyer. § 455.5 Spanish language sales. (a) If you conduct a sale in Spanish, the window form required by § 455.2 and the contract disclosures required by § 455.3 must be in that language. You may display on a vehicle both an English language window form and a Spanish language translation of that form. Use the translation and layout for Spanish language sales in Figures 4, 5, and 6. (b) Use the following language for the “Implied Warranties Only” disclosure when required by § 455.2(b)(1) as illustrated by Figure 5: SOLO GARANTÍAS IMPLÍCITAS El concesionario no hace ninguna promesa de reparar lo que sea necesario cuando compre el vehículo o posteriormente. Sin embargo, las garantías implícitas (c) Use the following language for the “Service Contract” disclosure required by § 455.2(b)(3) as illustrated by Figures 4 and 5: CONTRATO DE MANTENIMIENTO. Con un cargo adicional, puede obtener un contrato de mantenimiento para este vehículo. Pregunte acerca de los detalles de la cobertura, los deducibles, el precio y las exclusiones. Si compra un contrato de mantenimiento dentro de los 90 días desde el momento en que compró el vehículo, las garantías implícitas (d) Use the following language if you choose to use the Optional Signature Line provided by § 455.2(f): Por este medio confirmo que he recibido copia de la Guía del Comprador al momento de la compraventa. [81 FR 81679, Nov. 18, 2016] § 455.6 State exemptions. (a) If, upon application to the Commission by an appropriate State agency, the Commission determines, that— (1) There is a State requirement in effect which applies to any transaction to which this rule applies; and (2) That State requirement affords an overall level of protection to consumers which is as great as, or greater than, the protection afforded by this Rule; then the Commission's Rule will not be in effect in that State to the extent specified by the Commission in its determination, for as long as the State administers and enforces effectively the State requirement. (b) Applications for exemption under subsection (a) should be directed to the Secretary of the Commission. When appropriate, proceedings will be commenced in order to make a determination described in paragraph (a) of this section, and will be conducted in accordance with subpart C of part 1 of the Commission's Rules of Practice. § 455.7 Severability. The provisions of this part are separate and severable from one another. If any provision is determined to be invalid, it is the Commission's intention that the remaining provisions shall continue in effect. Figure 1 to Part 455—“AS IS” - NO DEALER WARRANTY Buyers Guide (English) [81 FR 81679, Nov. 18, 2016] Figure 2 to Part 455—IMPLIED WARRANTIES ONLY Buyers Guide (English) [81 FR 81679, Nov. 18, 2016] Figure 3 to Part 455—Back of Buyers Guide (English) [81 FR 81679, Nov. 18, 2016] Figure 4 to Part 455—“AS IS” - NO DEALER WARRANTY Buyers Guide (Spanish) [81 FR 81679, Nov. 18, 2016] Figure 5 to Part 455—IMPLIED WARRANTIES ONLY Buyers Guide (Spanish) [81 FR 81679, Nov. 18, 2016] Figure 6 to Part 455—Back of Buyers Guide (Spanish) [81 FR 81679, Nov. 18, 2016]