The laws and
regulations listed below are some of the ones most frequently referenced.
The list is
not intended to describe all applicable laws or regulations.
Chapter
90: Motor Vehicles
Section 2 - Registration of Motor
Vehicles (7-Day Transfer Law)
Section 5 - General Registrations and General Registration Plates
Section 7N - Voiding Contracts of Sale
Section 7N ¼ - Warranties on Used
Motor Vehicles
Section 7N ½ - Defective or
Malfunctioning New Motor Vehicles
Chapter
90D: Motor Vehicle Titles
Section 15 (a) - Transfer of Title
Section 16 - Dealers; Assignment
and Warranty of Title; Record of Transactions
Chapter
140: Dealer Licensing
Section 58 - Classes of Licenses
Section 59 - Licensing Authority of City/Town
(Licenses; Term; Fees, etc.
Section 59A- Licensing of Motor Vehicle Junkyards
Section 62 - Record Keeping
Section 66 – Certain Authorities May Enter
Licensed Premises; Examination
Section 67 – Penalty for Refusal to Allow Entry
or Examination
Section 67A – Removal of
Registration Number Plates & VIN Plates from Vehicles to be Junked
540 CMR Chapter 18.00: RMV
Regulations
Selected Portions of RMV Regulations
Relating to Dealers
RMV Regulations Applicable to ALL Section 5
Classes
Posting
Date: 2/4/08
Selected
Statutes and Regulations (or portions thereof) Relevant to Motor Vehicle
Dealers. (see 540 CMR 18.00 at end for
Regulations Relevant to all Section 5 Classifications)
Consumer
Protection Regulations
940
CMR Section 5.04 Regulations of the Attorney General
(Sales
Requirements Only)
The
Regulations posted here relate to 940 CMR 5.04. They were current on the date
of posting and are believed to accurately reflect the content of the official
regulations adopted by the Attorney General and published by the Secretary of
the Commonwealth. An official version of these regulations can be obtained
at: State Bookstore, State House, Room
116, Boston, MA 02133, 617- 727-2834, Hours: Monday-Friday, 8:45am to 5:00pm
CODE OF MASSACHUSETTS REGULATIONS
TITLE 940: OFFICE OF THE ATTORNEY GENERAL
CHAPTER 5.00: MOTOR VEHICLE REGULATIONS
(Current through October 5, 2007)
5.04: Sales Requirements
Scope : 940 CMR 5.04 et seq. pertaining to sales
requirements shall apply only to sales of motor vehicles which are purchased
primarily for personal, family or household purposes.
(1) It is an unfair or deceptive act or practice for a
dealer to fail to prepare a written contract for a sale of each motor vehicle
and to provide a copy of such contract to the purchaser at the time the
purchaser signs the contract in the form and manner prescribed in 940 CMR
5.04(2).
(2) It is an unfair or deceptive act or practice for a
dealer to use any written or printed contract, form or agreement to evidence
the sale of a motor vehicle which is not clearly entitled
"MOTOR VEHICLE PURCHASE CONTRACT" and which does not state:
(a) The name and address of the dealer and the purchaser;
(b) The make, model, year and identification or serial
numbers of both the vehicle purchased and any trade-in vehicle;
(c) A designation of the purchased vehicle as either
"new" or "used"; and a further designation as a
"police car", taxicab", "demonstrator", "former
leased car", "former daily rental" or a rebuilt vehicle which
was previously declared a total loss by an insurance company, if the dealer
knows or, in the exercise of reasonable care, should know of the applicability
of any such designation;
(d) The total contract price, including an itemized list of
any charges for vehicle repair or preparation, optional accessories and
documentary preparation which are not already included in the purchase price;
(e) If there are any conditions precedent to the dealer's
acceptance of the contract (for example, if the contract must be counter-signed
by an authorized dealer representative or if a trade-in vehicle must be
inspected and meet certain standards, etc.), the following
statement, set forth in a clear and conspicuous manner, with the conditions
inserted in the blank spaces:
"This contract is not binding upon either the dealer or
the purchaser until the following conditions are met:
________________________________________________________________________
________________________________________________________________________
PURCHASER MAY CANCEL THIS CONTRACT AND RECEIVE A FULL REFUND
AT ANY TIME UNTIL S/HE RECEIVES A COPY OF THIS CONTRACT SIGNED BY AN AUTHORIZED
DEALER REPRESENTATIVE. PURCHASER MUST GIVE WRITTEN NOTICE OF CANCELLATION TO
THE DEALER."
For purposes of 940 CMR 5.00, if a controversy arises
concerning the date or time of receipt of any notice or document, the time and
date of the postmark will be determinative unless the notice or document was
hand-delivered, in which case the actual time of delivery will govern;
(f) If the vehicle carries an express warranty, the
following statement:
"This vehicle carries an express warranty. You may
obtain a written copy of such warranty from the dealer upon
request."
(g) The following statement, in either form appearing
herein, set forth in a clear and conspicuous manner:
"ATTENTION PURCHASER: All vehicles are WARRANTED as a
matter of state law. They must be fit to be driven safely on the roads and must
remain in good running condition for a reasonable period of time. If you have
significant problems with this vehicle or if it will not pass a Massachusetts
inspection, you should notify the dealer immediately. He may be required to fix
the car or refund your money. THIS WARRANTY IS IN ADDITION TO ANY OTHER
WARRANTY GIVEN BY THE DEALER." or
"ATTENTION PURCHASER: If you have mechanical or
operating problems or if this vehicle does not pass a Massachusetts safety
inspection within seven days of purchase, you should notify the dealer
immediately. He may be required to fix the vehicle or refund your money. This
vehicle is covered by the implied warranties of merchantability and fitness for
a particular purpose. THESE IMPLIED WARRANTIES ARE IN ADDITION TO ANY OTHER
WARRANTIES GIVEN BY THE DEALER."
(h) The provisions of 940 CMR 5.04(2) shall not apply to a
retail installment sale agreement, or security agreement, or any other document
given or taken in connection with the sale of a motor vehicle, so long as a
motor vehicle purchase contract in the form specified in 940 CMR 5.00 has been
properly executed.
(3) It is an unfair or deceptive act or
practice for a dealer to fail to provide to any person, upon request, a written
statement of the terms and conditions of any express warranty applicable to
motor vehicles offered for sale by such dealer.
(4) It is an unfair or deceptive act or practice for a
dealer to fail to provide to a purchaser, without additional charge, an exact
copy of any document signed by such purchaser (other than the purchaser's
transfer or assignment of title to the dealer) at the time the purchaser signs
such document.
(5) It is an unfair or deceptive act or practice for a dealer
to make any changes or additions to a document signed by a purchaser unless
such purchaser consents to the changes or additions in writing and the dealer
immediately provides to the purchaser, without additional charge, an exact copy
of the document with the changes or additions.
(6) It is an unfair or deceptive act or practice for a
dealer to fail to display the following statement in a clear and conspicuous
manner on the left front window of each used motor vehicle it delivers to a
purchaser.
FIGURE 1.
"REFUND RIGHTS
ATTENTION PURCHASER: For your own
protection, if you have purchased this vehicle for personal or family use, you
should have the vehicle inspected within 7 days after purchase, even if it
already has an inspection sticker on it. If the vehicle fails a Massachusetts
safety inspection, you may return it to the dealer and receive a full refund of
the purchase price, pursuant to M.G.L. c. 90, § 7N, if:
(1) The car is inspected within seven days after purchase at
an authorized Massachusetts inspection station;
(2) The estimated cost of repairs necessary for the car to
pass inspection is more than 10% of the purchase price of the car;
(3) The defects which cause the vehicle to fail inspection
were not caused by the abusive or negligent operation of the vehicle or by
damage resulting from an accident occurring after the date of the sale;
(4) You obtain from the inspection station a signed, written
statement of the reasons why the car failed inspection and an estimate of the
cost of repairs necessary for it to pass inspection; and
(5) You return the car to the dealer within ten days from
the date of purchase and give him a copy of the statement and estimate prepared
by the inspection station."
(7) It is an unfair or deceptive act or
practice for a dealer to use a liquidated damage clause, or any clause requiring
the forfeiture of a purchaser's deposit, trade-in vehicle or other property in
the event the purchaser cancels or breaches the contract, in any motor vehicle
purchase contract unless:
(a) The clause contains a specific dollar amount which is to
be retained by the dealer as liquidated damage;
(b) The clause is clearly and conspicuously disclosed on the
motor vehicle contract; and
(c) The purchaser indicates his or her assent to the
inclusion of such clause in the contract by initialing it.
(8) It is an unfair or deceptive act or
practice for a dealer to represent that a motor vehicle offered for sale can or
will be delivered on or about a specified date or within a specified time
period when the dealer knows or should know that the vehicle cannot be delivered
on such date or within such time or when the dealer has no information upon
which such a representation could be reasonably based.
(9) It is an unfair or deceptive act or practice for a
dealer to fail to refund the full amount of a purchaser's deposit promptly
when:
(a) The purchaser cancels the motor vehicle purchase
contract before it has been accepted by an authorized dealer representative;
(b) The dealer and the purchaser have agreed to make the
contract subject to the purchaser's ability to obtain financing of his or her
choice and the purchaser cannot obtain such financing after exerting reasonable
efforts to do so;
(c) The dealer does not accept the contract;
(d) The dealer fails to deliver a motor vehicle to the
purchaser which conforms to the terms of the contract; or
(e) The purchaser cancels the contract because the dealer
has failed to deliver the vehicle to the purchaser within the time period
specified in the contract, or, if no time period is specified, within eight
weeks after the date of the contract, unless the delay is caused by acts beyond
the control of the dealer and manufacturer.
(10) It is an unfair or deceptive act or
practice for a dealer to increase the price of a motor vehicle after the dealer
has accepted an offer to purchase it, except:
(a) The price of a new vehicle may be increased in an amount
equal to any price increase imposed by the manufacturer which is the result of
a law or regulation of the United States or the Commonwealth of Massachusetts
which either requires the addition of new equipment to certain vehicles or
changes approved transportation costs or existing tax rates, or in the case of
foreign made vehicles, is due to a revaluation of the
United States dollar; and
(b) A trade-in vehicle may be reappraised if the dealer has
reason to believe that the vehicle has suffered any damage or serious
mechanical deterioration prior to its delivery to the dealer or if parts or
accessories, including tires, have been removed from the vehicle or replaced
with parts or accessories of inferior quality.
(11) It is an unfair or deceptive act or
practice for any person who sells a motor vehicle to fail to execute an
assignment and warranty of title for such vehicle in the space provided on the
title certificate or on such other form as may be prescribed by the Registrar
of Motor Vehicles and to mail or deliver such assignment to either the
purchaser, the registrar or the secured party, as the case may be, on the day
the vehicle is delivered to the purchaser.
(12) It is an unfair or deceptive act or practice for a
dealer who sells a used motor vehicle to fail to remove from such vehicle,
before delivering it to the purchaser, all state safety inspection stickers
which were affixed to the vehicle prior to its registration in the name of such
purchaser.
(13) It is an unfair or deceptive act or practice for a
dealer to fail:
(a) To acknowledge in writing, within three business days
after being so notified, a purchaser's rejection of a motor vehicle made
pursuant to M.G.L. c. 106, §§ 2-601; and,
(b) If the dealer has no reasonable basis in fact to believe
that the purchaser is not entitled to reject the motor vehicle, to promptly
refund any and all amounts paid on account of the purchase price thereof,
including the trade-in vehicle or its value as stated on the sales contract,
upon receipt of documents of title properly executed or otherwise endorsed;
and,
1. A clear and marketable title to the vehicle, including
all requisite instruments of transfer; or
2. A title which is clear and marketable except for liens
which the purchaser has agreed may be discharged by an application of his
refund.
(14) It is an unfair or deceptive act of
practice for a dealer to fail:
(a) To acknowledge in writing, within three business days
after being so notified, a purchaser's revocation of his or her acceptance of a
motor vehicle made pursuant to M.G.L. c. 106, §§ 2-608; and,
(b) If the dealer has no reasonable basis in fact to believe
that the purchaser is not entitled to revoke such acceptance, to promptly
refund any and all amounts paid on account of the purchase price thereof,
including the trade-in vehicle or its value as stated on the sales contract,
provided that:
1. The vehicle has not been substantially altered from the
condition it was in when the purchaser took possession of it excepting any
alteration resulting from the condition for which acceptance of the automobile
is being revoked and/or solely from normal use;
2. No accessory, component or item of equipment (including
tires) has been removed or substituted for by any item of inferior quality than
what was originally supplied or which results in a substantial impairment of
the obligation of the manufacturer under an express warranty covering the
vehicle;
3. All documents of title have been properly executed or
otherwise endorsed; and,
4. The purchaser has delivered a clear and marketable title
of the vehicle including all requisite instruments of transfer or a title which
is clear and marketable except for liens which the purchaser has agreed may be
discharged by an application of his refund.
The rights provided in this subsection shall be in addition
to and not exclusive of any rights of remedies available under applicable law.
(15) It is an unfair or deceptive act or practice for a
dealer to use any words or phrases in connection with the retail sale of motor
vehicles purchased primarily for personal, family or household purposes, which
limit or imply a limitation on the implied warranties of merchantability and
fitness for a particular purpose, including such phrases as "as is,"
"with all faults," and "50/50 warranty."
(16) It is an unfair or deceptive act or practice for a
dealer who receives a written notice from the manufacturer of the existence of
a defect in certain motor vehicles to fail to notify persons who purchased such
vehicles from it about the information contained in the notice, unless those
persons have already been notified by the manufacturer.
(17) It is an unfair or deceptive act or practice for a
dealer, distributor, zone office or other authorized representative of a
manufacturer who receives a written notice from the manufacturer of the
existence of a defect in certain motor vehicles, to fail to inform any person
who inquires about the defect of the information contained
in the notice.
(18) It is an unfair or deceptive act or practice for a
dealer to fail to inform a purchaser on request of the name and address of the
prior owner of the vehicle.
(19) It is an unfair or deceptive act or practice for a
motor vehicle manufacturer or dealer or other person engaged in trade or
commerce to fail to do the following:
(a) display the RESALE VEHICLE NOTICE set forth below in a
clear and conspicuous manner on the right front window of each vehicle which is
offered for sale or distribution at retail or otherwise after having been
returned to its manufacturer pursuant to M.G.L. c. 90, § 7N1/2;
(b) obtain on a copy of such Resale Vehicle Notice the
signature, and printed name and address of each purchaser of such motor
vehicle;
(c) provide each such purchaser with a legible copy of the
Resale Vehicle Notice the purchaser signs, at the time s/he signs it, and with
a copy of all such Resale Vehicle Notices previously executed by prior
purchasers of that vehicle; and
(d) retain a copy of all such Resale Vehicle Notices for
four years from the date of execution of each.
(20) The Resale Vehicle Notice shall read as follows:
RESALE VEHICLE NOTICE
This is a used vehicle. It was originally sold on [Here insert the month, day,
and year of sale.] The original owner returned this vehicle to the manufacturer
because it contained one or more defects which the manufacturer was unable to
repair adequately. This vehicle is now being resold.
Massachusetts law (M.G.L. c. 90, § 7N1/2) allows a consumer who buys a new motor
vehicle to return the vehicle to its manufacturer if the vehicle has a defect
which substantially impairs its use, market value or safety and which is not
repaired after a reasonable number of attempts or within a certain period of
time.
The original owner returned this vehicle to its manufacturer under this law,
complaining of the following defects:
1._________________________________________________________________
2._________________________________________________________________
3._________________________________________________________________
4._________________________________________________________________
5._________________________________________________________________
Of the defects listed above, the following have been repaired:
1._________________________________________________________________
2._________________________________________________________________
3._________________________________________________________________
4._________________________________________________________________
5._________________________________________________________________
Massachusetts law entitles you to the name and address of the original owner of
this vehicle. You can obtain this information from the seller on request.
Note--If less than one year has expired since the date this vehicle was
originally sold, and if it has traveled less than 15,000 miles, you as a buyer
have warranty and repair rights, also required by M.G.L. c. 90, § 7N1/2. You should contact the Massachusetts
Executive Office of Consumer Affairs and Business Regulation for detailed
information on your rights under this law.
I ACKNOWLEDGE RECEIPT OF THIS NOTICE.
DATE:___________________________________________________________
_________________________________________________________________
(Buyer's Signature)
PRINT OR TYPE THE INFORMATION BELOW
_________________________________________________________________
(Buyer's Name)
_________________________________________________________________
(Street and No.)
_________________________________________________________________
(City or Town)
This notice is required by M.G.L. c. 90, § 7N1/2.
(21) A dealer, manufacturer or other person engaged in
trade or commerce who purchases or acquires a motor vehicle previously
purchased by a consumer pursuant to 940 CMR 5.04(19) and (20), shall no longer
be subject to those sections unless he knows, or in the absence of negligence
should know, that such motor vehicle was returned to its manufacturer pursuant
to M.G.L. c. 90, § 7N1/2.
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