73 Pa. Stat. § 1970.3

Current through P.A. Acts 2023-32

Section 1970.3 - New motor vehicle damage disclosure

(a) Notice to purchaser.--A motor vehicle dealer shall notify the purchaser of a new motor vehicle in writing at the time of sale of any damage or damage repairs incurred by the new motor vehicle, regardless of whether the damaged portion was repaired or replaced to its predamaged condition, which exceeds the greater of $500 or 3% of the manufacturer's suggested retail price. Damage exceeding the disclosure amount shall be disclosed by the dealer when:

(1) the manufacturer or its agent, in accordance with the act of December 22, 1983 (P.L. 306, No. 84) , known as the Board of Vehicles Act, discloses that, at any time after the manufacturing process is complete, damage occurred or damage repairs were made;

(2) the dealer knows or should know based on facts indicating that other damage or damage repair exists in addition to the damage or repairs required to be disclosed under paragraph (1); or

(3) the combined total of damage or damage repairs made under paragraphs (1) and (2) exceeds the amount specified in this section.

The dealer shall not misrepresent or mislead a purchaser if the purchaser inquires about the existence of damage or damage repairs made.

(b) Damage repair cost calculation.--In determining whether damage disclosure is required, repair costs shall be calculated at the new motor vehicle dealer's retail charge on the date the repairs were made for:

(1) Parts.

(2) Labor multiplied by the time taken to make the repairs as established by a time allowance based on the standard retail repair practices regularly employed by that dealer.

All parts shall be replaced only with new, original equipment manufacturer parts. Replacement of any permanently sealed glass window shall be disclosed to the purchaser regardless of the cost of the replacement window. The value of any permanently sealed glass window replacement shall not be included in the calculation process to determine whether damage disclosure is required under this act. The value of any portion of a motor home designed, used or maintained primarily for human habitation shall not be included in the calculation process to determine whether damage disclosure is required under this act.

(c) Form for damage disclosure notice.--If damage disclosure to the purchaser is required under this act, the purchaser prior to the time of sale shall be provided with a fully completed copy of a damage disclosure form which shows the date of the disclosure and the name and address of the seller, indicates whether any manufacturer's warranty applicable to the vehicle is affected by the damage or damage repairs and whether the damage or damage repairs are covered by any manufacturer's warranty and contains in immediate proximity to the space provided for the signature of the purchaser, in boldface type of a minimum size of ten points, a statement in substantially the following form:

New Vehicle Damage Disclosure Notice

In accordance with the Commonwealth of Pennsylvania's New Motor Vehicle Damage Disclosure Act and in connection with the purchase from __________ (Dealer) of the motor vehicle described as follows: Year __________ Make __________ Type __________

Serial No. __________ Stock No. __________

I/we the undersigned, hereby acknowledge that Dealer has disclosed to me/us before I/we agreed to purchase the above listed motor vehicle that the motor vehicle has been subjected to postmanufacturing damage as follows:

Damage Description:__________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________________

The above disclosed damage or repaired damage is:

( ) covered

( ) not covered

(check one)

by the manufacturer's warranty.

The above disclosed damage or repaired damage has (check one):

( ) no effect on the manufacturer's warranty

( ) the following effect on the manufacturer's warranty (specify)

I/we further acknowledge that the listed damage has been repaired to my/our satisfaction.

Date: __________

_______________________________________	_______________________________________
Signature of Purchaser	Signature of Co-Purchaser
_______________________________________	_______________________________________
Printed Name	Printed Name

____________________________________________________________________________________

Signature of Dealer Representative

73 P.S. § 1970.3

2000, March 28, P.L. 30, No. 8, § 3, effective in 60 days.