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Q: When I sell a vehicle "as is-as shown", what are my responsibilities to the customer?
A: First and foremost, the customer must fully understand what he/she is entering into and must sign the proper "as is" statement available from NHAD Services. During the presentation by the salesperson, it is imperative that the consumer fully understands that the dealership will have no responsibilities for any repairs. http://gencourt.state.nh.us/rsa/html/XXXIV-A/382-A/382-A-2-316.htm
Q: When I sell an"as is" vehicle vehicle to a customer, can I still put a 20-day plate on the vehicle?
A: Yes you can. Prior to putting on the 20-day plate, the vehicle must pass safety inspection, and the vehicle must be stickered. The "as is" still applies to the disclaimer of merchantability or fitness. The inspection sticker guarantees the vehicle on that day meets all safety inspection requirements.
Q: At what point must I disclose to a retail buyer damage to a new or used vehicle?
A: Two New Hampshire laws come into play when answering this question:
- If you have a new vehicle that has been damaged in transportation from the manufacturer to the dealership and that damage exceeds 6 percent of the MSRP, excluding glass, tires, and bumpers, the manufacturer is required under the law to notify the dealer, and the dealer is required to notify the customer prior to delivery. http://gencourt.state.nh.us/rsa/html/XXXI/357-C/357-C-5.htm [III. (d)]
- If the damage is less than 6 percent, under the New Hampshire Consumer Protection law, if you do not disclose damage to the customer, it could be construed that you are representing that the goods are original or new even if they have been deteriorated, altered, reconditioned, or reclaimed. http://gencourt.state.nh.us/rsa/html/XXXI/358-A/358-A-2.htm (VI)
NHADA recommends full disclosure in order to avoid future problems.
Q: I understand there is a new law that requires customers who own salvage vehicles to disclose to me, the dealer, when they trade them in that they are salvage vehicles.
A: Yes, a new law was enacted by the Legislature, effective August 25, 2001, that requires all persons selling a salvage vehicle to disclose to the buyer that the vehicle is a salvage vehicle. http://gencourt.state.nh.us/rsa/html/XXI/261/261-22.htm
(IV-a and V)
Q: Can a vehicle be registered in a minor's name?
A: Yes. There is no age restriction to being registered as the owner or lessee of a vehicle.
Q: With regard to a minor, what about a buyer's order, lease, or rental agreement?
A: It is advisable to have an adult, usually a parent, sign the buyer's order, lease, or rental agreement. This also applies to financing documents.
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