28-4412

28-4412. Guaranty disclosure; used motor
vehicles; definition

A. Before the consummation of the sale of a used motor vehicle, a motor vehicle
dealer shall:

1. Provide each purchaser with a written statement that:

(a) Indicates whether or not an express warranty or guaranty is associated with the
used motor vehicle.

(b) Is distinguished from the body of the sales agreement through the use of either
bold-faced type or bold-faced type of a color other than that used in the body of the
agreement.

(c) States "as is -- not expressly warranted or guaranteed", if the used motor
vehicle to be sold is not expressly warranted or guaranteed.

(d) Explicitly states the nature and extent of the express warranty or guaranty, if
the used motor vehicle to be sold is expressly warranted or guaranteed.

(e) States "as is -- not guaranteed to pass vehicle emissions inspection. Vehicle
not eligible for certificate of waiver and must be repaired to meet emissions standards",
if the used motor vehicle is a disabled vehicle that is offered for sale at a wholesale
public auction with an auctioneer who is a licensed used motor vehicle dealer and if the
vehicle does not comply with the requirements prescribed in section 49-542.

2. Direct the purchaser's attention to the written statement.

B. This section does not negate any implied warranties otherwise applicable to the
sale of a used motor vehicle, including the implied warranty of merchantability described
in section 44-1267.

C. Before the seller attempts to sell a motor vehicle the seller shall possess the
title to the motor vehicle and the title shall be in the seller's name.

D. For the purposes of this section, "disabled vehicle" means a motor vehicle that
cannot operate on its own motive power.