Question: Does a used car dealer need to make sure a car will pass the VIN inspecton upon sellin a vehicle?
To find out about your specific situation, you may want to contact an attorney.
The following is provided for information purposes only:
A seller of a used vehicle can disclaim implied warranties according to A.R.S. § 28-4412. That statute says that before the sale of a used vehicle, the dealer must provide the buyer with a written statement that
- Explains whether or not an express warranty or guarantee is associated with the vehicle
- States "as is -- not expressly warranted or guaranteed", if the used motor vehicle to be sold is not expressly warranted or guaranteed.
- States "as is -- not guaranteed to pass vehicle emissions inspection. Vehicle not eligible for certificate of waiver and must be repaired to meet emissions standards", if the used motor vehicle is a disabled vehicle that is offered for sale at a wholesale public auction with an auctioneer who is a licensed used motor vehicle dealer and if the vehicle does not comply with the requirements prescribed in section 49-542.
- Is distinguished from the body of the sales agreement through the use of either bold-faced type or bold-faced type of a color other than that used in the body of the agreement.
- Explicitly states the nature and extent of the express warranty or guaranty, if the used motor vehicle to be sold is expressly warranted or guaranteed.
According to A.R.S. § 44-1267 (A), "Before the seller attempts to sell a used motor vehicle the seller shall possess the title to the used motor vehicle and the title shall be in the seller's name."
The statutes provided are not the only statutes pertaining to a sellers and buyers rights. To find out your rights in your specific situation, you may want to contact an attorney.
December 10, 2008