Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 818.510 - Inspection and rejection by dealer.(a)General rule.--Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within the time frame specified in the manufacturer/dealer agreement and: (1) request from the manufacturer or distributor authorization to replace the components, parts and accessories damaged or otherwise correct the damage; or(2) reject the vehicle within the time frame set forth in subsection (d).(b) Refusal or failure to repair.--If the manufacturer or distributor refuses or fails to authorize repair of the damage within 10 days after receipt of notification or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle shall revert to the manufacturer or distributor.(c) Obligations.--The dealer shall exercise due care in custody of the damaged recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to that recreational vehicle.(d) Time frame.--The time frame for inspection and rejection by the dealer must be part of the manufacturer/dealer agreement and may not be less than two business days after the physical delivery of the recreational vehicle.(e)Unreasonable mileage.--A recreational vehicle that has, at the time of delivery to the dealer, an unreasonable amount of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer or distributor. In no instance shall a dealer deem an amount less than the distance between the dealer and the manufacturer's factory or a distributor's point of distribution, plus 100 miles, as unreasonable.(f) Notice to dealer.--Each manufacturer or distributor of new recreational vehicles sold or transferred to a new recreational vehicle dealer shall notify the new recreational vehicle dealer in writing prior to delivery of the recreational vehicle of any material damage to the recreational vehicle which is known to the manufacturer or distributor which was sustained or incurred by the vehicle at any time after the manufacturing process is complete but prior to delivery of the recreational vehicle to the dealer. A dealer may reject the delivery of a nonconforming recreational vehicle under the provisions of 13 Pa.C.S. (relating to commercial code) and the following shall apply: (1) When selling a new recreational vehicle, each new recreational vehicle dealer shall notify the purchaser in writing at the time of sale of any material damage sustained or incurred by the recreational vehicle at any time after the manufacturing process is complete which is disclosed by the manufacturer to the new recreational vehicle dealer.(2) Nothing in this section shall be construed to diminish any obligation to provide notice to the purchaser of a new recreational vehicle which obligation is imposed by any other provision of law or by any judicial decision, including, but not limited to, the act of December 17, 1968 ( P.L. 1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.Added by P.L. TBD 2018 No. 134, § 21, eff. 10/24/2019.