§481J-2  Used motor vehicles:  written
warranty required, terms.  (a)  No used motor vehicle shall be sold in this
State by a dealer to a consumer unless accompanied by a written warranty
covering the full cost of both parts and labor necessary to repair any defect
or malfunction in a part covered under subsection (c) that impairs the used
motor vehicle's safety or use.  Defects and malfunctions that affect only
appearance shall not be deemed to impair safety or use for the purposes of this
chapter.



(b)  The written warranty shall apply for the
following durations:



(1)  For a used motor vehicle which, at the time of
sale, has been operated less than twenty-five thousand miles, the warranty
shall be a minimum of ninety days or five thousand miles, whichever occurs
first.  This ninety days or five thousand mile warranty is in addition to any
rights the consumer may have under chapter 481I;



(2)  For a used motor vehicle which, at the time of
sale, has been operated twenty-five thousand miles or more, but less than fifty
thousand miles, the warranty shall be a minimum of sixty days or three thousand
miles, whichever occurs first; and



(3)  For a used motor vehicle which, at the time of
sale, has fifty thousand miles or more but no more than seventy-five thousand miles,
the warranty shall be a minimum of thirty days or one thousand miles, whichever
occurs first.



(c)  The written warranty shall require the
dealer or its agent to repair or, at the election of the dealer, reimburse the
consumer for the reasonable costs of repairing the failure of a covered part. 
Covered parts shall at least include the following items:



(1)  Engine, including all lubricated parts, water
pump, fuel pump, manifolds, engine block, cylinder head, rotary engine
housings, flywheel, gaskets, and seals;



(2)  Transmission, including the transmission case,
internal parts, torque converter, gaskets, and seals, except four-wheel drive
vehicles shall be excluded from coverage as provided for in this paragraph;



(3)  Drive axle, including front and rear drive axle
housings and internal parts, axle shafts, propeller shafts, and universal
joints, except four-wheel drive vehicles shall be excluded from coverage as
provided in this paragraph;



(4)  Brakes, including master cylinder, vacuum assist
booster, wheel cylinders, hydraulic lines and fittings, and disc brake
calipers;



(5)  Radiator;



(6)  Steering, including the steering gear housing and
all internal parts, power steering pump, valve body, piston, and rack; and



(7)  Alternator, generator, starter, and ignition
system, excluding the battery.



(d)  The written warranty may contain
additional language excluding coverage:



(1)  For a defect or malfunction in a part caused by a
lack of customary maintenance after the vehicle is sold;



(2)  For a defect or malfunction in a part caused by
collision, abuse, negligence, theft, vandalism, fire, or other casualty, and
for damage from the environment, including but not limited to windstorms,
hurricanes, and lightning;



(3)  If the odometer has been stopped or altered such
that the vehicle's actual mileage cannot be readily determined or a part has
been altered in a manner which caused it to fail;



(4)  For a motor tune-up;



(5)  For maintenance services and the parts used in
connection with such services such as seals, gaskets, oil, or grease unless
required in connection with the repair of a covered part;



(6)  For a defect or malfunction in a part resulting
from racing or other competition;



(7)  For a defect or malfunction in a part caused by
towing a trailer or another vehicle unless the used motor vehicle is equipped
for this as recommended by the manufacturer;



(8)  If the used motor vehicle is used to carry
passengers for hire;



(9)  If the used motor vehicle is rented to someone
other than the consumer;



(10)  For repair of valves and rings to correct low
compression and oil consumption which are considered normal wear;



(11)  To the extent otherwise permitted by law, for
property damage arising or allegedly arising out of the defect or malfunction
in a part; and



(12)  To the extent otherwise permitted by law, for
loss of the use of the used motor vehicle, loss of time, inconvenience,
commercial loss, or consequential damages.



(e)  Nothing in this chapter diminishes the
obligations of a manufacturer under a warranty issued by the manufacturer.  The
express warranties created by this section do not require a dealer to repair or
replace a covered part if the repair or replacement is covered by a
manufacturer's warranty, or the manufacturer otherwise agrees to repair or replace
the part.



The terms of the dealer's warranty shall be
tolled for any period of time the used motor vehicle is out of service by
reason of repair under the manufacturer's warranty.



(f)  A consumer shall return a vehicle for
repair under this section by presenting it to the dealer prior to the
expiration of the applicable warranty period and providing written notice to
the dealer of the defect.  The dealer shall immediately accept return of a
vehicle when it is so presented.  The used motor vehicle shall be deemed out of
service commencing the day it is presented, notwithstanding any dealer's
failure to accept its return on that day.



During the applicable warranty period and the
return period, the dealer shall pay the reasonable costs of towing from the
point of breakdown up to fifteen miles to obtain the required repairs or to
return the vehicle to the dealer.



(g)  The term of any warranty established by
this section shall be extended by any time period during which:



(1)  The used motor vehicle is in the possession of
the dealer or its duly authorized agent for the purpose of repairing the used
motor vehicle under the terms and obligations of the warranty;



(2)  Repair services are not available to the consumer
because of war, invasion or strike, fire, flood or other natural disaster; or



(3)  The consumer has notified the dealer that a used
motor vehicle is inoperable, but cannot reasonably present the vehicle to the
dealer and the dealer refuses to pay the charge to tow the vehicle.



(h)  The applicable warranty period shall end
thirty days from the date of completion of any repair required by this section
as to the defect repaired if the warranty would otherwise have expired during
this period.



(i)  The dealer shall provide to the consumer,
each time the consumer's vehicle is returned from being diagnosed or repaired
under the warranty, a fully itemized, legible warranty repair receipt
indicating any diagnosis made and all work performed on the vehicle, including
but not limited to:



(1)  The defect or malfunction complained of;



(2)  The work performed in an attempt to correct the
defect or malfunction and the identity of the repairer if it is not the dealer;



(3)  The parts replaced in performing such work;



(4)  The date and odometer reading when the vehicle
was submitted for repair; and



(5)  The date when the vehicle was made available to
the consumer.



The consumer shall sign a copy of the warranty
repair receipt.



(j)  A dealer may repair, within the meaning of
this section, either by performing the repair itself or, if the dealer does not
have a repair facility, by arranging and making payment for prompt repair by a
motor vehicle repair dealer licensed under chapter 437B.



(k)  The dealer shall provide repair or
reimbursement notwithstanding the fact that the warranty period has expired,
provided that the consumer provides notification to the dealer of the failure
of a covered part within the specified warranty period. [L 1994, c 224, pt of
§1; am L 2008, c 19, §24]