HOUSE BILL No. 4897

 

June 8, 2005, Introduced by Reps. Lemmons, III, Lemmons, Jr., Cushingberry, Zelenko, Gonzales and Donigan and referred to the Committee on Commerce.

 

     A bill to require certain disclosures by dealers of used

 

vehicles; and to require repair or replacement of certain used

 

vehicles.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "used

 

car return act".

 

     Sec. 2. As used in this act:

 

     (a) "Dealer" means that term as defined in section 11 of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.11.

 

     (b) "Used vehicle" means a used or second-hand vehicle as that

 

term is defined in section 78 of the Michigan vehicle code, 1949 PA

 

300, MCL 257.78.

 

     Sec. 3. A dealer selling a used vehicle to a person shall

 


provide a written statement to the person at the time of sale that

 

describes each defect in or damage to the used vehicle known to the

 

dealer.

 

     Sec. 4. (1) Subject to subsection (2), if a used vehicle

 

purchased from a dealer has a defect or condition that impairs the

 

use or value of a used vehicle to the purchaser, the purchaser may

 

at any time within 15 days after purchase of the used vehicle

 

return the used vehicle to the dealer, and the dealer shall at the

 

dealer's election do 1 of the following:

 

     (a) Repair the defect or condition at the dealer's expense and

 

return the vehicle to the purchaser.

 

     (b) Retain the used vehicle and refund the entire purchase

 

price to the purchaser.

 

     (2) This section does not apply to a defect or condition

 

disclosed to a purchaser in the written statement required under

 

section 3.