The buyers guide has to be clearly displayed on the vehicle. When selling AS-IS, it should also state that the vehicle is sold “as is.” It should also include that the quality and performance of the vehicle is the buyer’s sole responsibility. The document needs to also explain that if the vehicle exhibits a single or even many defects after purchase, the buyer is responsible for the cost of repairs from then on.
If none of the said information was included, then a customer could later claim that they didn’t know what As-Is meant when they purchased the vehicle, or that they didn’t realize they would be responsible for any repairs after the sale.
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Just recently, one of our clients was raided by plain-clothes DMV Investigators and then sued by the DMV because one vehicle had a Buyers Guide missing. The DMV wanted to permanently revoke the sellers license and charge a LARGE fine.
The law firm of Auto Legal Group, LLP was able to negotiate a settlement for the dealer in this case by showing that the dealer does everything they can to stay compliant, including being a member of DealerXT. The dealer only paid a minimal fine and agreed to a probationary period with the DMV.
#3 – The Buyer‘s Guide MUST Look EXACTLY Like this:
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