PRINTER'S NO. 688
No. 623 Session of 1997
INTRODUCED BY LAWLESS, CLARK, LYNCH, E. Z. TAYLOR, HENNESSEY,
SATHER, STABACK, WAUGH, BOSCOLA, DeLUCA, RAMOS AND CIVERA,
FEBRUARY 20, 1997
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 20, 1997
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 "New motor vehicle." A vehicle, regardless of mileage, which
13 has never been registered or titled in this Commonwealth or any
14 other state or jurisdiction on which a tax imposed under Article
15 II of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
16 Reform Code of 1971, has been paid prior to its sale.
17 Section 3. New motor vehicle damage disclosure.
1 (a) Notice to purchaser.--The selling vehicle dealer shall
2 notify the purchaser of a new vehicle in writing at the time of
3 sale of any damage or damage repairs incurred by the new vehicle
4 which exceeds the greater of $500 or 3% of the manufacturer's
5 suggested retail price. Damage exceeding the disclosure amount
6 shall be disclosed by the vehicle dealer when:
7 (1) the manufacturer or its agent, in accordance with
8 the act of December 22, 1983 (P.L.306, No.84), known as the
9 Board of Vehicles Act, discloses that, at any time after the
10 manufacturing process is complete, damage occurred or damage
11 repairs were made; or
12 (2) the vehicle dealer knows or should know based on
13 facts indicating that other damage or damage repair exists in
14 addition to the damage or repairs required to be disclosed
15 under paragraph (1).
16 A vehicle dealer shall not misrepresent or mislead a purchaser
17 if the purchaser inquires about the existence of damage or
18 damage repairs made.
19 (b) Damage repair cost calculation.--In determining whether
20 damage disclosure is required, repair costs shall be calculated
21 at the vehicle dealer's retail charge on the date the repairs
22 were made for:
23 (1) Parts, which shall only be replaced with new,
24 original equipment manufacturer parts.
25 (2) Labor multiplied by the time taken to make the
26 repairs as established by a time allowance from a repair
27 manual utilized by the dealer.
28 Replacement of any permanently sealed-glass window shall be
29 disclosed to the purchaser regardless of the cost of the
30 replacement window. The value of any permanently sealed-glass
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1 window replacement shall not be included in the calculation
2 process to determine whether damage disclosure is required under
3 this act. The value of any portion of a motor home designed,
4 used or maintained primarily for human habitation shall not be
5 included in the calculation process to determine whether damage
6 disclosure is required under this act.
7 (c) Form for damage disclosure notice.--If damage disclosure
8 to the purchaser is required under this act, the purchaser at
9 the time of sale shall be provided with a fully completed copy
10 of a damage disclosure form which shows the date of the
11 disclosure, contains the name and address of the seller and in
12 immediate proximity to the space provided for the signature of
13 the purchaser in boldface type of a minimum size of ten points,
14 a statement in substantially the following form:
15 New Vehicle Damage Disclosure Notice
16 In accordance with the Commonwealth of Pennsylvania's New Motor
17 Vehicle Damage Disclosure Act and in connection with the
18 purchase from __________________ (Dealer) of the motor
19 vehicle described
20 as follows:
21 Year____Make___________________Type___________________
22 Serial No._____________________Stock No.______________
23 I/we the undersigned, hereby acknowledge that Dealer
24 has disclosed to me/us before I/we agreed to purchase
25 the above listed vehicle that the vehicle has been
26 subjected to postmanufacturing damage as follows:
27 Damage Description: __________________________________
28 ______________________________________________________
29 ______________________________________________________
30 ______________________________________________________
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1 ______________________________________________________
2 ______________________________________________________
3 The above disclosed damage or repaired damage is:
4 ( ) covered ( ) not covered (check one)
5 by the manufacturer's warranty.
6 I/we further acknowledge that the listed damage has
7 been repaired to my/our satisfaction.
8 Date: ________
9 ______________________ __________________________
10 Signature of Purchaser Signature of Co-Purchaser
11 ______________________ __________________________
12 Printed Name Printed Name
13 __________________________________
14 Signature of Dealer Representative
15 Section 4. No rescission of sale.
16 If disclosure is not required under this act, a purchaser may
17 not revoke or rescind a sales contract and is not entitled to
18 other damages or relief under section 7 due solely to the fact
19 that the vehicle was damaged and repaired prior to the sale.
20 Section 5. Automobile Lemon Law rights reserved.
21 Nothing in this act shall limit the purchaser from pursuing
22 any other rights or remedies under the act of March 28, 1984
23 (P.L.150, No.28), known as the Automobile Lemon Law.
24 Section 6. Board of Vehicles Act inapplicable.
25 The provisions of the act of December 22, 1983 (P.L.306,
26 No.84), known as the Board of Vehicles Act, shall not apply and
27 is superseded by this act only with regard to a dealer's
28 obligation to disclose vehicle damage to a purchaser.
29 Section 7. Exemption.
30 The provisions of this act shall not apply to manufacturers,
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1 distributors or dealers of manufactured housing, or
2 manufacturers, distributors or dealers of motorcycles.
3 Section 8. Application of Consumer Protection Law.
4 A violation of this shall constitute a violation under the
5 act of December 17, 1968 (P.L.1224, No.387), known as the Unfair
6 Trade Practices and Consumer Protection Law, and shall be
7 subject to the enforcement provisions and private rights of
8 action contained in that act. A court may provide for rescission
9 of the sale under a private right action, if a violation of this
10 act is found.
11 Section 9. Effective date.
12 This act shall take effect in 60 days.
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