Bill Text: AZ SB1430 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Used motor vehicles; express warranty
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2013-02-06 - Referred to Senate CEM Committee [SB1430 Detail]
Download: Arizona-2013-SB1430-Introduced.html
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REFERENCE TITLE: used motor vehicles; express warranty |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1430 |
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Introduced by Senators Jackson Jr., Bradley, Lopez; Representatives Gonzales, Hale, Peshlakai, Steele: Senators Cajero Bedford, Farley; Representative Dalessandro
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AN ACT
amending title 44, chapter 9, article 5, Arizona Revised Statutes, BY ADDING section 44-1268; relating to motor vehicle warranties.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 9, article 5, Arizona Revised Statutes, is amended by adding section 44-1268, to read:
44-1268. Used motor vehicles; express warranty
A. A used motor vehicle dealer shall not sell or lease a used motor vehicle to a consumer without giving the buyer or lessee an express written warranty that is in the buyer's or lessee's preferred language and that shall have a minimum duration of at least thirty days from the date of delivery of a used motor vehicle or the number of days until the odometer has registered one thousand miles from the odometer reading shown on the sales or lease contract, whichever is earlier. In calculating time pursuant to this subsection, a day on which the express written warranty is breached and all subsequent days in which the used motor vehicle fails to conform with the express written warranty are excluded. In calculating distance pursuant to this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the used motor vehicle that fails to conform with the express written warranty are excluded.
B. The written warranty required in Subsection A of this section shall provide that if the buyer or lessee notifies the used motor vehicle dealer that the used motor vehicle does not conform to the written warranty, by 5:00 p.m. on the business day after the day on which the buyer or lessee provides the notification to the dealer, the dealer shall notify the buyer or lessee that the dealer will either:
1. Repair the used motor vehicle to conform with the written warranty.
2. Cancel the sale or lease contract and provide the buyer or lessee with a full refund, less a reasonable amount for any damage sustained by the used motor vehicle after the sale or lease, not including damage caused by any nonconformity with the written warranty.
C. The written warranty required in subsection A of this section shall provide that if the used motor vehicle dealer chooses to repair the used motor vehicle pursuant to subsection B, paragraph 1 of this section, the dealer shall pay one hundred per cent of the cost of labor and parts for any repairs pursuant to that warranty and shall not charge the buyer or lessee for the cost of any of the following:
1. The towing of the motor vehicle.
2. The repairs.
3. The inspection of the used motor vehicle.
4. The tearing down of the engine, transmission or other part of the used motor vehicle.
5. The deductible.
D. If the used motor vehicle dealer cancels the sale or lease contract pursuant to subsection B, paragraph 2 of this section, the following apply:
1. The dealer shall give written notice to the buyer or lessee by personal delivery or first class mail of the dealer's decision to cancel the sale or lease.
2. The buyer or lessee shall return the used motor vehicle in substantially the same condition in which it was delivered by the dealer, except for reasonable wear and tear and any nonconformity with the written warranty.
3. On the return of the used motor vehicle to the dealer, the dealer shall provide the buyer or lessee with a receipt stating:
(a) The date that the used motor vehicle was returned to the dealer.
(b) The vehicle identification number of the used motor vehicle.
(c) The make, year and model of the used motor vehicle.
(d) The odometer reading at the time that the used motor vehicle was returned to the dealer.
(e) A statement that the dealer has canceled the sale or lease.
(f) The amount of the buyer's or lessee's refund.
4. The dealer shall not treat the return of the used motor vehicle pursuant to the contract cancellation as a repossession.
5. The buyer or lessee shall execute the documents necessary to transfer any interest in the used motor vehicle to the dealer and to remove the buyer or lessee from any registration or title documents.
6. The dealer shall refund to the buyer or lessee, by 5:00 p.m. on the business day after the day on which the buyer or lessee returns the used motor vehicle to the dealer, all amounts paid pursuant to the sale or lease agreement, less a reasonable amount for property damage sustained by the used motor vehicle after the sale or lease, not including damage caused by any nonconformity with the warranty.
E. The written warranty required in subsection A of this section shall cover at least the following components:
1. The engine, including all internally lubricated parts.
2. The transmission and transaxle.
3. The front-wheel and rear-wheel drive components.
4. The engine cooling system.
5. The alternator, generator, starter and ignition system, not including the battery.
6. The braking system.
7. The front and rear suspension systems.
8. The steering system and components.
9. The seatbelts.
10. The inflatable restraint systems installed on the used motor vehicle as originally manufactured.
11. The catalytic converter.
12. The heater.
13. The seals and gaskets on components listed in this subsection.
14. The electrical, electronic and computer components, to the extent that those components substantially affect the functionality of other components listed in this subsection.
F. A used motor vehicle dealer shall display on each used motor vehicle offered for sale or lease a written statement that itemizes each of the systems and components listed in subsection E of this section and shall specify that the dealer will either repair the used motor vehicle to conform with the written warranty or cancel the sale or lease contract and provide the buyer or lessee with a full refund, minus a reasonable amount for any damage sustained by the used motor vehicle after the sale or lease, not including damage caused by any nonconformity with the written warranty.
G. The used motor vehicle dealer shall make the repair or provide a refund notwithstanding the fact that the warranty period has expired if the buyer or lessee notified the used motor vehicle dealer of the failure of a covered system or part within the warranty period.
H. This section does not apply to any defect or nonconformity caused by the unreasonable use of the used motor vehicle following the sale.
I. The dealer has the burden of proof in any proceeding in which the exclusion of coverage allowed by subsection H of this section or the deduction allowed by subsection D, paragraph 6 of this section is an issue.
J. Any agreement between a used motor vehicle dealer and a buyer or lessee that disclaims, limits or waives the rights prescribed in this section is void as contrary to public policy.
K. If a used motor vehicle dealer fails to give a buyer or lessee a written warranty pursuant to this section, the used motor vehicle dealer is deemed to have provided the warranty as a matter of law.
L. A violation of this section is an unlawful practice under section 44-1522 and is subject to enforcement through a private action and by the attorney general.
Sec. 2. Effective date
Section 44-1268, Arizona Revised Statutes, as added by this act, is effective from and after September 30, 2013.
