November 12, 2013

Selling a Lemon Law buyback car

Dear Consumer Ed:

I purchased a Lemon Law buyback car three years ago. I am now preparing to sell the vehicle and want to know if there is anything I need to disclose to the purchaser. 

Consumer Ed says:

Yes. After a manufacturer buys back a defective vehicle, it can scrap the vehicle or correct the defect. If the defect is corrected, the car can be sold or leased to a subsequent consumer, as it was in your case. In that event, the manufacturer must ensure that a disclosure form, the Reacquired Vehicle Notice, describing the defect is signed by the first person who purchases or leases the vehicle. The manufacturer is required to provide the Georgia Attorney General's Consumer Protection Division with a copy of that signed disclosure document. The disclosure form should then be included with all documentation when that vehicle is sold in the future.

While only the manufacturer is required to provide a signed copy of the disclosure to the Georgia Attorney General's Consumer Protection Division, the disclosure form should be provided in each subsequent transfer, sale or lease of the vehicle. This means that you should provide that Reacquired Vehicle Notice form to the buyer. If you no longer have the form, then please contact the manufacturer to request a copy. 

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