1. Written disclosure statement. No dealer may sell, negotiate the sale of, offer for sale or transfer any used motor vehicle, including any used motor vehicle transferred to another dealer, unless the dealer affixes to the vehicle a conspicuous written statement containing the information required by subsection 2?A.

[PL 1991, c. 824, Pt. A, §16 (AMD).]

Terms Used In Maine Revised Statutes Title 10 Sec. 1475

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dealer: means and includes a natural person, firm, corporation, partnership and any other legal entity that is engaged in the business of selling, offering for sale or negotiating the sale of used motor vehicles, except auction businesses licensed by the Secretary of State and includes the officers, agents and employees thereof. See Maine Revised Statutes Title 10 Sec. 1471
  • Extended service warranty: means a service contract, not a warranty as that term is used in Title 11, Article 2, that promises service in exchange for a fee and may also be referred to as "extended service contract. See Maine Revised Statutes Title 10 Sec. 1471
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Livery service: means a service that for a fee arranges, schedules or procures a vehicle for rent or hire or provides a ride for hire. See Maine Revised Statutes Title 10 Sec. 1471
  • Motor vehicle: means any self-propelled vehicle designed primarily to transport not more than 14 individuals, except motorcycles as defined in Title 29?A, section 101, subsection 38, and any vehicles operated exclusively on a rail or rails. See Maine Revised Statutes Title 10 Sec. 1471
  • Person: means and includes natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entities. See Maine Revised Statutes Title 10 Sec. 1471
  • Rideshare: means a program, activity or action in which a person uses that person's private vehicle to transport a person for a fee. See Maine Revised Statutes Title 10 Sec. 1471
  • Seller: means any person who sells a used motor vehicle to a dealer, including, but not limited to, individuals, other new or used motor vehicle dealers, motor vehicle manufacturers and insurance companies. See Maine Revised Statutes Title 10 Sec. 1471
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Used motor vehicle: means a motor vehicle that either has been once registered or is not covered by a manufacturer's new car warranty. See Maine Revised Statutes Title 10 Sec. 1471
  • Vehicle history report: means a written or electronic report, record or document that describes or provides information on the service history of a vehicle. See Maine Revised Statutes Title 10 Sec. 1471
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Required contents of disclosure statement.

[PL 1989, c. 878, Pt. F, §2 (RP).]

2-A. Required contents of disclosure statement. The statement required by subsection 1 must contain a complete description of the motor vehicle to be sold, including, but not limited to:
A. The make, model, model year and any identification or serial numbers of the motor vehicle; [PL 1989, c. 878, Pt. F, §3 (NEW).]
B. The dealer’s duty to disclose promptly the name and address of the previous owner of the motor vehicle, or dealer, upon the request of any person, the principal use to which the motor vehicle was put by that owner, such as personal transportation, police car, daily rental car, taxi, rideshare, livery service or other descriptive term, and the type of sale or other means by which the person acquired the motor vehicle, such as trade-in, sheriff’s sale, repossession, auction or other descriptive term, to the extent that such information is reasonably available to the person; [PL 2015, c. 167, §2 (AMD).]
C. A statement identifying any and all mechanical defects known to the dealer at the time of sale; [PL 1989, c. 878, Pt. F, §3 (NEW).]
D. A statement identifying the type of damage, if any, that the vehicle has sustained, such as fire, water or substantial collision damage, if that information is known to the dealer; [PL 1989, c. 878, Pt. F, §3 (NEW).]
E. A statement, if applicable, that implied warranties with respect to the vehicle are excluded or modified. Nothing in this paragraph may be construed to affect the requirements of Title 11, section 2?316; [PL 1989, c. 878, Pt. F, §3 (NEW).]
F. A statement, if applicable, disclosing that the vehicle was returned to the manufacturer, its agent or authorized dealer, for its nonconformity with express warranties. The statement must identify the nature of the nonconformities; [PL 1995, c. 269, §2 (AMD).]
G. If the vehicle is repossessed, a statement identifying this fact; [PL 2015, c. 167, §3 (AMD).]
H. The dealer’s duty to disclose conspicuously in writing the dealer’s policy in relation to the return of deposits received from any person. A dealer shall require that a person making a deposit sign the form on which the disclosure appears ; and [PL 2015, c. 167, §4 (AMD).]
I. A dealer that provides to a consumer a vehicle history report prepared by a person other than the dealer has no liability for inaccuracies in the vehicle history report if the dealer makes the following disclosure: “[Name of dealer] is pleased to provide you a courtesy copy of a service history report for the vehicle you are considering purchasing. [Name of dealer] makes no representation as to the accuracy of this service history report.” [PL 2015, c. 167, §5 (NEW).]
The Bureau of Motor Vehicles may adopt rules related to this section, including, but not limited to, rules establishing uniform disclosure forms and stickers. The Bureau of Motor Vehicles may include in any rule establishing uniform disclosure forms and stickers any information that the Federal Trade Commission requires to be disclosed on a sticker pursuant to the Motor Vehicle Trade Regulation Rule, Title 16 of the Code of Federal Regulations, Part 455, except that the Bureau of Motor Vehicles may not include in any uniform disclosure form or sticker information from the Federal Trade Commission rule that conflicts in any manner with the information required by this section.
Any dealer who offers for sale to the consuming public a repossessed vehicle that has been obtained by the dealer through any transaction other than a retail sale and who meets the warranty and disclosure requirements of section 1474 and subsection 1 and this subsection has no other liability under this chapter, except for any additional warranties negotiated between the dealer and the consumer.
The dealer must require the buyer to sign and date the disclosure statement, provide the buyer with a copy of the signed and dated statement and maintain a copy of the signed and dated statement for 3 years following the sale of the vehicle.

[PL 2015, c. 167, §§2-5 (AMD).]

3. Written statement. A dealer shall obtain from the seller of a used motor vehicle a written statement containing the following information:
A. The make, model, model year and any identification or serial numbers of the motor vehicle; [PL 1995, c. 625, Pt. A, §16 (RPR).]
B. The name and address of the seller, the principal use to which the motor vehicle was put by the seller, such as personal transportation, police car, daily rental car, taxi, rideshare, livery service or other descriptive term; [PL 2015, c. 167, §6 (AMD).]
C. A statement identifying any and all mechanical defects known to the seller at the time of sale; and [PL 1995, c. 625, Pt. A, §16 (RPR).]
D. A statement identifying the type of damage, if any, that the vehicle has sustained, such as fire, water or substantial collision damage, if such information is known to the seller. [PL 1995, c. 625, Pt. A, §16 (RPR).]
Any dealer who offers for sale to consumers a repossessed vehicle that has been obtained by the dealer through any transaction other than a retail sale is not subject to the provisions of this subsection.
A dealer is not subject to the provisions of this subsection if that dealer offers for sale to consumers a used motor vehicle that has been obtained by the dealer through an auction located outside the State at which buyers are limited to licensed dealers and the seller of the used motor vehicle is neither a resident of this State nor a dealer licensed in this State, if the dealer clearly discloses on the written disclosure statement required by subsections 1 and 2?A that the vehicle was acquired at an out-of-state auction and that historical information regarding mechanical defects and substantial damage is not available.
The seller of the used motor vehicle shall sign and date this written statement and the dealer who buys the vehicle shall maintain a record of it for 2 years following the sale of the motor vehicle.
As used in subsection 2?A and this subsection, “substantial collision damage” means any damage to a motor vehicle from a collision when the costs of repair of that damage, at the time of repair, including replacement of mechanical and body parts, exceed $3,000.

[PL 2015, c. 167, §6 (AMD).]

4. Lemon law buybacks. If a vehicle has been the subject of a complaint pursuant to chapter 203?A or any state’s new motor vehicle lemon law that protects consumers from motor vehicles that do not conform to all manufacturer express warranties and that complaint was either filed in court or accepted for state-certified arbitration and the manufacturer subsequently purchased back the vehicle, either as the result of a court or arbitration order or voluntary settlement:
A. The dealer must disclose this fact, if known, when disclosing any defects pursuant to subsection 2?A; and [PL 1993, c. 112, §3 (NEW).]
B. The manufacturer must disclose this fact when selling the vehicle to a dealer and completing the statement required by subsection 3. [PL 1993, c. 112, §3 (NEW).]

[PL 1993, c. 112, §3 (NEW).]

5. Extended service warranty arbitration location. An extended service warranty that was sold in this State for a motor vehicle registered in this State that includes a clause indicating that arbitration is required must require the location of the arbitration to be in this State.

[PL 2005, c. 476, §3 (NEW).]

SECTION HISTORY

PL 1975, c. 770, §57 (NEW). PL 1981, c. 296, §§1-4 (AMD). PL 1983, c. 311, §§1-3 (AMD). PL 1985, c. 265, §§1-3 (AMD). PL 1985, c. 429, §5 (AMD). PL 1987, c. 136 (AMD). PL 1987, c. 593 (AMD). PL 1989, c. 198, §2 (AMD). PL 1989, c. 684, §§2-5 (AMD). PL 1989, c. 878, §§F2,3 (AMD). PL 1991, c. 62, §§1,2 (AMD). PL 1991, c. 824, §A16 (AMD). PL 1991, c. 837, §A25 (AMD). PL 1993, c. 112, §§2,3 (AMD). PL 1995, c. 65, §A21 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 188, §§1,2 (AMD). PL 1995, c. 269, §§2,3 (AMD). PL 1995, c. 625, §A16 (AMD). PL 1999, c. 617, §1 (AMD). PL 2003, c. 240, §1 (AMD). PL 2005, c. 476, §3 (AMD). PL 2015, c. 167, §§2-6 (AMD).
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