Damage Disclosure to Purchasers of New
Motor Vehicles
Title 47 Chapter
74 Section 1112.1
A.
Every dealer shall disclose in writing to the purchaser of a new or
previously unregistered motor vehicle, prior to entering into a contract
for the vehicle or, if unknown at that time, prior to delivery of the
vehicle, the following information:
1.
Any material damage known by the dealer to have been sustained by
the vehicle and subsequently repaired; and
2.
Any damage, including but not limited to material damage or flood
damage, known by the dealer to have been sustained by the vehicle and not
repaired.
B.
For purposes of this section, "material damage" means damage
sustained by a motor vehicle as follows:
1.
The damage required repairs having a value, including parts and
labor calculated at the repairer's cost, exceeding three percent (3%) of
the manufacturer's suggested retail price of the vehicle or Five Hundred
Dollars ($500.00), whichever is greater. The replacement of damaged or
stolen components, excluding the cost of repainting or refinishing those
components, if replaced by the installation of new original manufacturer's
equipment, parts, or accessories that are bolted or otherwise attached as
a unit to the vehicle, including but not limited to, the hood, bumpers,
fenders, mechanical parts, instrument panels, moldings, glass, tires,
wheels, and electronic instruments, shall be excluded from damage
calculation, except that any damage having a cumulative repair or
replacement value which exceeds ten percent (10%) of the manufacturer's
suggested retail price of the vehicle shall be deemed material damage;
2.
The damage was to the frame or drive train of the motor vehicle;
3.
The damage occurred in connection with a theft of the entire
vehicle; or
4.
The damage was to the suspension of the vehicle requiring repairs
other than wheel balancing or alignment.
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