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Consumer
Sales Practices Act
Where
can I get a copy of the Consumer Sales Practices
Act?
The
Consumer Sales Practices Act can be downloaded
from the Ohio Attorney General’s website at http://www.ag.state.oh.us/citizen/pubs/consumer_sales_2003_web.pdf
Must a dealer disclose
to a customer that a vehicle was previously used
as a demonstrator, factory official vehicle or
rental vehicle?
Yes.
A dealer is required to disclose, prior to
requiring signature by the consumer on any
document for the purchase or lease of a vehicle,
the fact that the vehicle was previously used as a
demonstrator, factory official or rental vehicle.
The disclosure is required when such is
known by the dealer.
This disclosure should be made on the
Buyers Order.
When must a dealer
disclose prior damage or defect of a new vehicle
to a consumer?
A
dealer must disclose, prior to obtaining signature
by the consumer on any document for the purchase
of the vehicle, any defect and/or the extent of
previous damage to the vehicle, retail repair cost
of which exceeds or exceeded 6% of the MSRP,
excluding damage to glass, tires and bumpers where
replaced by identical manufacturer’s original
equipment.
This disclosure is required when the dealer
has actual knowledge of the defect and/or damage.
This disclosure should be made on the
Buyers Order.
Must
a dealer disclose that a vehicle has a branded
title?
Yes.
Prior to obtaining signature by the
consumer on any document for the purchase (or
lease) of the vehicle, the dealer must disclose
that the vehicle was previously a salvage,
manufacturer buyback, or otherwise has a branded
title.
This disclosure is required if the seller
has actual knowledge of such fact.
The disclosure should be made on the Buyers
Order.
If
a consumer sues a supplier (dealer) under the CSPA,
can he collect damages for pain and suffering,
humiliation or other non-economic damages?
Yes,
but those damages must be proved and are limited
in amount to $5,000.00.
The $5,000.00 cannot be trebled.
Prior to the enactment of SB 117, effective
September 1, 2007, the Ohio Supreme Court ruled
that the CSPA allowed consumers to be awarded
unlimited amounts for non-economic damages, which
could in turn be trebled.
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