                                 CODE OF VIRGINIA

SALES OF USED MOTOR VEHICLES BY DEALERS; DISCLOSURES; PENALTY (§ 46.2-1529.1)

A. If, in any retail sale by a dealer of a used motor vehicle of under 6,000
pounds gross vehicle weight for use on the public highways, and normally used
for personal, family or household use, the dealer offers an express warranty,
the dealer shall provide the buyer a written disclosure of this warranty. The
written disclosure shall be the Buyer&#8217;s Guide required by federal law,
shall be completely filled out and, in addition, signed and dated by the buyer
and incorporated as part of the buyer&#8217;s order.

B. A dealer may sell a used motor vehicle at retail &#8220;AS IS&#8221; and
exclude all warranties only if the dealer provides the buyer, prior to sale, a
separate written disclosure as to the effect of an &#8220;AS IS&#8221; sale. The
written disclosure shall be conspicuous and contained on the front of the
buyer&#8217;s order and printed in not less than bold, 10-point type and signed
by the buyer: &#8220;I understand that this vehicle is being sold &#8220;AS
IS&#8217; with all faults and is not covered by any dealer warranty. I
understand that the dealer is not required to make any repairs after I buy this
vehicle. I will have to pay for any repairs this vehicle will need.&#8221; A
fully completed Buyer&#8217;s Guide, as required by federal law, shall be signed
and dated by the buyer and incorporated as part of the buyer&#8217;s order.

C. Failure to provide the applicable disclosure required by subsection A or B
shall be punishable by a civil penalty of no more than $1,000. Any such civil
penalty shall be paid into the general fund of the state treasury. Furthermore,
if the applicable disclosure required by subsection A or B is not provided as
required in this section, the buyer may cancel the sale within 30 days. In this
case, the buyer shall have the right to return the vehicle to the dealer and
obtain a full refund of all payments made toward the purchase of the vehicle,
less any damage to the vehicle incurred while ownership was vested in the
purchaser, and less a reasonable amount for the use not to exceed one-half the
amount allowed per mile by the Internal Revenue Service, as provided by
regulation, revenue procedure, or revenue ruling promulgated pursuant to &#xA7;
162 of the Internal Revenue Code, for use of a personal vehicle for business
purposes. Notice of the provisions of this subsection shall be included as part
of every disclosure made under subsection A or B.

D. The provisions of this section shall not apply to motorcycles, trailers, or
travel trailers.

HISTORY: 1995, c. 849; 2015, c. 615.