The Federal Trade Commission (FTC) requires dealers who sell, or offer for sale, more than five used vehicles in a 12-month period to comply with the FTC’s Used Car Rule (the Rule). As part of the Rule, dealers must prominently and conspicuously display the FTC “Buyers Guide” form, which provides important purchasing and warranty information to consumers, on or in a vehicle when a used car is available for sale. The following article provides important tips for all New Hampshire dealers who sell used cars that need to comply with the Rule. WHICH BUYERS GUIDE TO USE The FTC offers two different versions of the Buyers Guide. State law dictates which Buyers Guide is applicable to your dealership. New Hampshire law allows the sale of as-is sales, so the “As Is — No Dealer Warranty” option (instead of the “Implied Warranties Only” version) is appropriate for used vehicle sales in New Hampshire. COMPLETING THE BUYERS GUIDE Dealer Warranties The first section of the “As Is — No Dealer Warranty” Buyers Guide appears as follows: Importantly, the first section concerns the warranties that the dealership is offering to the customer. To the extent the customer is receiving a different type of warranty, i.e., BY HILARY HOLMES RHEAUME BERNSTEIN SHUR TIPS FOR COMPLIANCE WITH THE FTC USED CAR RULE IN NEW HAMPSHIRE – THE BUYERS GUIDE 13
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