(a) A motor vehicle dealer shall not sell at retail a used motor vehicle until the motor vehicle dealer has obtained a recall database report for the used motor vehicle. The recall database report shall not be older than forty-eight (48) hours prior to the sale of the used motor vehicle. This chapter does not apply to any wholesale transfers of a motor vehicle between dealers licensed in this state, motor vehicle dealers similarly licensed in other states, automobile auctions, and manufacturers.

Terms Used In Tennessee Code 55-29-103

  • Contract: A legal written agreement that becomes binding when signed.
  • Dealer: means every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered and who has an established place of business for that purpose in this state. See Tennessee Code 55-8-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
  • Manufacturer: means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. See Tennessee Code 55-8-101
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. See Tennessee Code 55-8-101
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
(b) If a recall database report obtained by a motor vehicle dealer indicates that a used motor vehicle is subject to a do-not-drive recall or a stop-sale order, the dealer shall not sell the used motor vehicle at retail until the do-not-drive or stop-sale recall repair has been made.
(c)

(1) If a recall database report obtained by a dealer indicates that a used motor vehicle is subject to a manufacturer‘s safety recall other than a used motor vehicle subject to a do-not-drive or stop-sale order that has not been repaired, the dealer shall not sell the used motor vehicle at retail unless the dealer makes the recall repair or both of the following are satisfied:

(A) The dealer discloses the manufacturer’s safety recall by providing a copy of the recall database report to the consumer prior to the sale of the used motor vehicle; and
(B) The consumer signs a disclosure acknowledging that the used motor vehicle has a manufacturer’s safety recall that has not been repaired.
(2) To comply with subdivision (c)(1)(B), a recall database report that indicates the used motor vehicle is subject to a manufacturer’s safety recall and the recall repair has not been made shall be disclosed to the consumer in a document that is signed by the consumer and is separate from the conditional sales contract or other motor vehicle purchase agreement.
(3) The recall database disclosure form required by subdivision (c)(2) shall be provided to the consumer as a separate document, be labeled at the top of the first page with the word “RECALL” in boldface and no smaller than twenty-eight (28) point font size, and contain the following:

DISCLOSURE OF RECALL INFORMATION

VEHICLE: MAKE:__________________MODEL:____________________

,YEAR:___________________VIN:_______________________

For your safety we have performed a recall search on the website of the National Highway Traffic Safety Administration (NHTSA) (www.safercar.gov). The results of that search and the date it was performed are attached to this notice.

It is our information that the recall repairs have not been performed.

You must also be aware that the manufacturer of this vehicle may have “campaigns” or “service bulletins” regarding this vehicle that you should check through either www.safercar.gov or the manufacturer’s website. The NHTSA website may not be up to date, so you need to periodically check.

Date:____________________________________________________________

Customer:________________________________________________________

Print Name:______________________________________________________

Date:____________________________________________________________

Co-Buyer:________________________________________________________

Print Name: ______________________________________________________

Date:____________________________________________________________

Dealer:__________________________________________________________

Print Name: ______________________________________________________

(4) Compliance with this section shall not be waived by any consumer.
(5) The execution or signing of a Disclosure of Recall Information form by a purchaser of a used motor vehicle and the executed form itself shall not be admitted as evidence in any products liability case against the manufacturer.
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