Chapter 358-F: Sale of Unsafe Used Motor Vehicles; Inspection

As used in this chapter:

I. "Customer" means any person who is seeking to purchase, is purchasing, or has purchased a used motor vehicle at retail.

II. "Dealer" means any person who is engaged in the business of selling at retail used motor vehicles.

III. "Person" means any person defined by RSA 358-A:1, I.

IV. "Used motor vehicle" means any motor vehicle as defined by RSA 259:60, I, which has been previously leased, rented or sold at retail.

Before selling to any customer any used motor vehicle which is believed by the customer to be unsafe for operation upon the highways pursuant to RSA 266, the dealer shall, upon the request of the customer, conduct or have conducted a safety inspection of such vehicle. If the vehicle is found to be unsafe for operation, the dealer may sell the vehicle to the customer without correcting the defects, but only if the dealer presents to the customer at the time of sale a notice which states: This motor vehicle is unsafe for operation upon the highways pursuant to RSA 266. The following defects must be corrected. The dealer shall list all defects under this statement and specify the date on which the inspection was conducted and the person who performed the inspection. The dealer may make a reasonable charge for conducting the inspection. The dealer shall provide the customer with one of the following written statements at the time of sale:

I. If the dealer has conducted, or had conducted, an examination of the vehicle for compliance with the equipment requirements of RSA 266 and the vehicle is found to be in compliance, the dealer shall present to the customer at the time of sale a notice which states: This motor vehicle has been determined to be in compliance with the equipment requirements pursuant to RSA 266.

II. If the dealer has conducted, or had conducted, an examination of the vehicle for compliance with the equipment requirements of RSA 266 and the vehicle is found not to be in compliance, the dealer shall provide a statement which reads: This motor vehicle has been examined and determined not to be in compliance with the equipment requirements pursuant to RSA 266. The following defects are identified.

III. If the dealer has not conducted an examination of the vehicle for compliance with the equipment requirements of RSA 266, the dealer shall provide a statement which reads: No examination has been conducted to determine whether this motor vehicle is in compliance with the equipment requirements pursuant to RSA 266. The dealer may make a reasonable charge for conducting an inspection examination under paragraphs I or II. Each notice or statement provided under this section shall specify the date on which the examination was conducted, if any, and the name of the person who performed it.

Each dealer shall notify each customer of his rights under this chapter before selling an unsafe used motor vehicle to the customer and shall obtain a written acknowledgment from the customer that he has been so notified.

A failure of any dealer to comply with the provisions of this section, or a concealment by any dealer of any defect which was discovered, or should have been discovered, during the examination conducted under RSA 358-F:2 is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this chapter.