| "Top 8 Things You Should Know" This will help you with making the right decision on your next Car Deal. (The to do list) Your shop at home Internet homework ! Dealers don't want you to have this information. Follow each and you will be better informed, save time, money & your insanity. 1) Have a budget and/or payment in mind Here is a Loan Calculator to help you with figuring out your monthly payment. 2) Know Your Credit. You should always have your credit checked before you go to the dealer. (This will determine your APR or finance rate) The bank will ask you how much you would like to barrow and the term/months you would like the loan. This is good idea and bargaining tool. 3) Have Your Financing or Loan in Order. SimpleCarCredit.com Network of Lenders (1 Application, Up-to 6 Free No Obligation Quotes) You should have at least three (3) Quotes. We have multiple Banks waiting for and willing to fight for your business, even if you have not so perfect credit. 4) Know the Invoice Price the Dealers Pay. If your purchasing a used car then you'll need the True Market Value or TMV. All used/preowned cars are not the same. Mileage, Condition, Age, Model, Make, Year...you get the point. Go to and click on Used Cars. This can be a useful guide to the True Market Value to help you negotiate. 5) Dealer Quotes and/or Price Comparisons. SimpleAutoPrice.com You should get at least three (3) Quotes. These are some Internet sites that can help you with getting a quote. These are FREE and trusted sites. 6) Know Your Trade in Value ...... can provide you with a guide to the True Market Value of your trade. 7) Vehicle History Report Used cars at a Dealer can be scary but most of them are in good working order. Some of them still have warranty, so check it before you buy. 8) Check on Warranty Prices. New or Preowned, even if you know what you want to buy. This will help you to decide if you should purchase a warranty with the dealer, Most of the time they will save you hundreds of dollars and warranties from this company can be financed at 0%. **Remember: If you know the "Top 8 Things You Should Know". The only thing you will need to do is negotiate. The more you do your homework the faster and simpler it will be to close your deal and save money. Print or write this down. After you have found your perfect vehicle. (Remember: Do your homework, read the dealer terminology below and the to do list, now its time to make a simple car deal) 1) Have a pre-determined amount you want to pay 2) Have your financing in order ( SimpleCarCredit Network of Lenders ) 3) Negotiate offers in a professional manner. (This might go back and forth several times) Be nice ! 4) Justify and reason your offer (why you only want to pay a certain amount for the particular vehicle) 5) Treat the Salesperson with the same respect as you would like to be treated. (Remember he don't get paid until you sign the paperwork) 6) Have some input from a third party (Friend, family member, spouse or anyone that might help you) The Dont's 1) Don't lie. A professional salesperson will catch you. 2) Don't sign paperwork until you negotiated the price of the vehicle first 3) Don't be a payment buyer (Even though we all buy things on payment) 4) Don't be an impulse buyer (know what you want even if it means you might have to wait) 5) Don't show fear or be nervous 6) Have all your homework with you (Research, Financing, Warranty Quote, Insurance) Sales-Person and Dealers How to deal with a professional and make a Simple Car Deal Everyone has dealt with and wants to deal with honest salespeople. Most of us want a professional we feel comfortable with. Nobody wants to purchase a vehicle from a pushy car salesman. So.................... 1) He or she should know how to greet you. (Welcome, Smile, Handshake, Introduce and Ask your Name) 2) The salesperson should ask what your wants and needs are. 3) He or she needs to listen and write things down on his notepad, if you have questions. 4) The salesperson should know the manufactures product line. If you're looking at purchasing new or used, Knowledge is king. 5) Salespeople should dress in the appropriate manner, have good hygiene, smile and have fun. Meeting you, even if he don't make a sale could mean a sale at a later time or referrals. 6) The salesperson should also know the dealership (Hours, Inventory, Prices) **************************************Note**************************************** You might get that in-experienced salesperson, (GREENPEA in dealer lingo) if he or she writes your question down, listens and you gets you the answers you've requested, and he or she tries hard and you like them. Deal with them. This could be the best salesperson you'll ever meet. We're here to help and educate buyers. We don't like car dealers or salespeople who lie or cheat their way into a sale. Almost all dealers do care about you and will try and earn your business. They want to give you a great car deal. But here we like it simple. Remember if you're buying from your local dealer, they want to earn your business as they know you might use the service dept also. They do deserve a profit from a sale. Customers have the right to haggle a car deal that is fair for them and the auto dealer. Even you local/friendliest auto dealer can still be a tough sell. We have several X-Car salespeople helping with the success of our site. Our site owner sold cars for over 20+ years and has many stories to tell. You may contact us with questions or comments. If you include a phone number, you never know, He might answer your questions himself via phone. Please read our privacy policy. |
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| Remember our slogan "A Simple way to Research, Buy or Sell a Car" United States Area Auto Dealerships. At the time of posting SimpleCarDeal.com believes it to be correct. If you are a Dealership and do not see your listing or an error on our site, Please contact us. Standard listings are a free service. SimpleCarDeal.com Inc. An advertising site only, does not endorse or guarantee any dealership. 8 Things You Should Know Before Going to a Dealer l Privacy Policy l Terms of Use l Advertise on this site l Sitemap l Contact Us l Leasing Tips l WebMasters SimpleCarCredit.com l SimpleAutoPrice.com l SimpleInsuranceDirect.com l AutoTentEvent.com l Us-Used-Cars.com SimpleCarDeal.com Inc All rights reserved © 2005, 2006, 2007, 2008 . |
| Automobile Dealer Slang, Terminology & Lingo You need to know all of the car dealer terminology and slang before stepping foot into a showroom. An informed, Internet buyer is often a car dealer’s worst nightmare. That’s because automobile dealer slang is the way car dealers speak to one another, but they speak to you in actual car dealer terms. BABYSITTER: Slang term used for a co-signer or co-buyer on an automobile contract. BACK END: Back end is the contract which is being sent to the bank for financing, where extra "hidden" profit is made by the dealer. BEATER: See SLED. BE BACK: Prospective buyer who has been in the dealership once or several times. Did not buy at that time and has returned for additional information or whatever. BIRD DOG: One who refers prospective customers to a particular dealership or salesman for a given fee or compensation. BOUNCE: To bounce someone means to increase the sales price of the car, interest rate, monthly payments, etc. BRICKS: This term is used to refer to one's house as security in taking out a second trust deed loan. BROWNIE: To sell a car to a customer as a result of going around and putting a piece of paper with a message like "call me regarding your car" on car windows on the street. BUMP: See BOUNCE. BUREAU: A credit report on a customer. BUY RATE: This is the interest rate that banks or financing institutions will charge on all contracts being financed. It is a "secret" number between the lender and the dealer which is the real amount of the interest rate that the loan starts out at before the dealer increases it for its own extra profit. CANDY STORE : A dealership with lots of vehicle inventory. CHISLER: A buyer who constantly grinds the salesman to the best possible deal that he can get. CLIMBER: A salesman who can sell anything to anyone. One who is able to tackle a tough customer and knock them over. CLOSER: Usually a pushy salesman whose job it is to "close" the deal with the customer when the customer hesitates when dealing with the salesman. COLD CANVAS: A form of prospecting where a salesman or dealership solicits any and all prospective buyers in any given area. COME ON: This is where the buyer is led to believe one thing and it turns out to be really something else. DE-HORSE: This is when you take a customer out of his trade-in and let him temporarily drive a borrowed car from the dealership until his purchase is completed. DESKMAN or DESK: A man who both figures and determines what kind of deal the dealership will make to a customer. DEUCE: This usually refers to a $200.00 figure for whatever reason, down payment, trade-in value, etc. DIP: This is when the customer needs additional or all of his cash down advanced by a finance company. DOUBLE DIP: To finance purchase between two or more loan companies. DOWN: Short form for down payment. Also used when a salesman is finished talking to a prospective buyer. He is considered to be down and the next salesman is considered to be up and in line to handle the next prospective buyer. DOWN STROKE: Means customer's down payment. EDGY: This is a customer who may or may not be able to get his car financed. ETHER: Is a slang term used in association with its actual application. For example, putting someone in the ether. This is usually done in a closing situation and the customer is not completely aware of what is happening. EYE BALLER: Is a flashy looking, bright colored, usually a sporty type automobile. FLAKE: Is a customer who usually has bad credit, little or no money down. It is usually a waste of time trying to put a deal together for him. FLIP: This is to convert a buyer from financing his automobile through his own bank or credit union to financing through the dealership. FULL BORE: To sell a car for the full sticker price with no discount. GOLD BALLS: One who has excellent credit and usually a considerable down payment. GRAPE: This is a very easy buyer. He normally goes along with anything anyone tells him. GREEN PEA: This is a new salesman or sales business manager. GRINDER: This is a buyer who, no matter what the salesman offers, wants more for less. HEN: Older type salesman who influences younger salesmen (adversely). HIGH BALL: A figure given to a prospective customer which is an inflated value of his trade-in in order to get the customer to return to the dealership to purchase his new car. HIGH PENNY: To adjust a customer's monthly payment. For example: from $101.13 to $101.93. It is safe to assume that if the customer will pay $101.13 for a car payment, he will pay $101.93 without giving it a second thought. HOME RUN: When maximum profit has been made on a deal or when the sales business manager has sold the customer all the insurance he has available. IRON: This is an old used car valued at nothing more than the price of iron. KINK: A problem with a deal due to "miswriting", misrepresentation, misquoting, or mishandling. LAID AWAY: A customer who has paid the maximum price for as many items (like accessories, rust proofing, extended warranty, financing and credit insurance) as can possibly be sold on an automobile. LAY DOWN: This is a customer who says yes to everything. They "lay down" and get run right over. LINER: A salesman whose responsibility is to settle a customer on one particular car, get a commitment of some type from the customer, regardless of how ridiculous it is, and then turn the customer over to his T.O. man, sales manager or mother. LOW BALL: This is a sales figure or tenative price given to a customer who has acknowledged the fact that he is not going to purchase an automobile at this time and wants to shop this figure against other dealerships. This is normally an unrealistically low figure and one that the automobile can not actually be purchased for. MICKEY: Slang term used to describe a down payment loan that is arranged by the dealership. This is referred to as completing a deal in Mickey Mouse way. MOTHER: See T.O. MAN. MOUSE HOUSE: Slang term used for a finance company. NEGATIVE EQUITY: Negative equity means that your trade-in vehicle has a fair market value that is less than what you owe on it. This could be because you have not owned it very long and you still owe a very high payoff on it. It could also be because the last dealership you traded a car in, and who sold you this one, started you on this “negative equity” cycle. Click here for more information about Negative Equity Car Dealer Scams. NICKEL: Refers to $500.00 for either trade value, purchase price, cash down, etc. PACK: There are two interpretations of this. First, it is used in figuring a salesman's commission, depending on the individual dealer they will deduct anywhere from $75.00 to $250.00 from the gross profit of the deal and pay the salesman his commission figured on this difference. Second would be when the salesman or sales business manager would quote a monthly payment to a customer and increase the actual amount by 5 or 10 dollars to leave room for Credit Life, Accident and Health Insurance. PENCIL: This has two applications. First, a sales manager will pencil a salesman's deal by crossing out the customer's offer and penciling in the figure that he wants to get for that car. The second application is used when a salesman or sales manager changes the selling price or trade-in allowance and covers it up with an increase in the customer's monthly payment because of the additional cost he expects to pay for Credit Life, Accident and Health Insurance. PIPE SMOKER: A customer who smokes a pipe, gives no commitments whatsoever, usually grinds the salesman to his last thread and doesn't buy the car after all. PUT TOGETHER: This means much the same as "laying someone away". In other words the maximum gross profit to be made on that deal was accomplished. RATE SHEET : The Dealer Reserve Schedule used by F & I salesperson to determine the amount of the kickback they will get from the bank or other lender who is going to finance the sale, in exchange for bumping the interest rate up above the minimum rate that the lender actually wants to get on the loan. RESERVE: Sometimes thought of as a "kickback" the bank gives the dealer for setting up the loan. The income a dealership realized on a contract in excess of the finance source's discount rate. For example: If the bank is going to charge $600.00 in finance charges on a given contract and the total finance charge to the customer on this contract is $1,000.00, the dealership will realize $400 in "reserve money" but the customer thinks the interest is all being charged by the bank. RESIDUAL: This is the termination value of an automobile that is being leased. The number on the lease contract may be real or simply made up. ROLL BACK: To work a deal backwards. Instead of working with the purchase price and trying to determine a monthly payment, you would start with a known monthly payment and try to determine a selling price. It also means to "roll back" the odometer on a car to make it worth more money - highly illegal. RULE OF 78: A mathematical formula used in figuring a rebate of unearned charges or premium, when these charges were pre-computed and pre-paid. Once referred to as "78 ways we get to keep your money". SHADOW: What a green pea does to lean how senior salespeople sell, i.e., they follow them around and observe. SLED: Reference quite often given to a customer's old trade-in which is usually "beat up" and worth little or nothing. SLIDE RULER: A buyer who is a specification nut. He does not deal in generalizations when prices are quoted. They must be exact and justified most of the time. This buyer will have a slide ruler or a pocket calculator with him to calculate his own sales tax and total sales price. SPEAR: Think of it like in the movies when the Indian would "spear" a fish in the stream for his dinner. This is just a method used in getting a customer onto a dealer's lot. For example: Stopping a man on the street and telling him that you would give him some outrageous figures for his trade-in if he would just come down to the dealership today and take a look at what you have to offer. SPOT DELIVERY: This is when all phases of the purchase and delivery are completed the same day. This may be with or without any kind of credit check or approval. STICKS: Reference given to the borrower's furniture he puts up as collateral on a small loan, such as when he borrows the money for the down payment on the car he is getting ready to buy. STRAW PURCHASE: This is when a third party buys an automobile and finances it in his name for some else (who will be the actual driver) because of that other person's age, bad credit, or lack of credit, etc. STROKER: An individual who gives the impression that he wants to buy a car, but really doesn't have the means to do so. STRONG: This word has two possible meanings. When used in reference to an automobile, it indicates that the car is a good seller and therefore, an above average profit can normally be made on it. The second application would refer to a sales individual, be it salesman, sales manager, or Sales Business Manager, in reflecting his ability to do his required job (i.e., aggressive, pushy). STUD: See second application of STRONG. "SUM OF THE DIGITS": Another term used for the "RULE OF 78" - a formula used in figuring rebates, once characterized as "78 ways we get to keep your money". SWITCH: To change a customer from buying one car to another for several reasons: availability, possible profit, etc. THIRD BASEMAN: An individual who accompanies a prospective buyer because the buyer feels he is better versed in haggling over the price of the car and/or knows more about the car mechanically, thereby decreasing the chances of getting stuck with a "lemon". TIRE KICKER: This is normally an individual who doesn't want to buy a car, but just wants to look. He walks in, touches the merchandise and doesn't want to talk to anyone. T.O. (TURNOVER): The procedure used in selling where the salesman or liner turns a prospective buyer over to another salesman or sales manager to close the sale. T.O. MAN: This is the individual to whom a LINER will turn a customer over. TOAD: Reference given to a customer's trade-in; a worn-out piece of machinery that is just "sitting there" like a toad. |
| Federal Lemon Law - Magnuson Moss Warranty Act The complete text of the Magnuson Moss Warranty Act appears below. This warranty law is called the Federal Lemon Law. It was created in 1975 and it has remained virtually unchanged ever since. This federal warranty law is designed to require certain minimum warranty rights and disclosures to be given to all consumers on virtually all consumer products that cost more than $15. If a manufacturer or warrantor does not live up to their warranty or service contract, then you may be able to use this Federal Lemon Law to make them pay you compensation or repurchase the defective product (buy it back) or replace it. You can also use the Federal Lemon Law to recover your attorney fees. The exact text of this federal law follows below. -------------------------------------------------------------------------------- THE MAGNUSON MOSS WARRANTY ACT 15 United States Code 2301 et seq. § 2301. Definitions For the purposes of this chapter: (1) The term "consumer product" means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed). (2) The term "Commission" means the Federal Trade Commission. (3) The term "consumer" means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract). (4) The term "supplier" means any person engaged in the business of making a consumer product directly or indirectly available to consumers. (5) The term "warrantor" means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty. (6) The term "written warranty" means - (A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or (B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking, which written affirmation, promise, or undertaking becomes part of the basis of the bargain between a supplier and a buyer for purposes other than resale of such product. (7) The term "implied warranty" means an implied warranty arising under State law (as modified by sections 2308 and 2304(a) of this title) in connection with the sale by a supplier of a consumer product. (8) The term "service contract" means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product. (9) The term "reasonable and necessary maintenance" consists of those operations (A) which the consumer reasonably can be expected to perform or have performed and (B) which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of performance. (10) The term "remedy" means whichever of the following actions the warrantor elects: (A) repair, (B) replacement, or (C) refund; except that the warrantor may not elect refund unless (i) the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made, or (ii) the consumer is willing to accept such refund. (11) The term "replacement" means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product. (12) The term "refund" means refunding the actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission). (13) The term "distributed in commerce" means sold in commerce, introduced or delivered for introduction into commerce, or held for sale or distribution after introduction into commerce. (14) The term "commerce" means trade, traffic, commerce, or transportation - (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (15) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa. The term "State law" includes a law of the United States applicable only to the District of Columbia or only to a territory or possession of the United States; and the term "Federal law" excludes any State law. § 2302. Rules governing contents of warranties (a) Full and conspicuous disclosure of terms and conditions; additional requirements for contents. In order to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules may require inclusion in the written warranty of any of the following items among others: (1) The clear identification of the names and addresses of the warrantors. (2) The identity of the party or parties to whom the warranty is extended. (3) The products or parts covered. (4) A statement of what the warrantor will do in the event of a defect, malfunction, or failure to conform with such written warranty - at whose expense - and for what period of time. (5) A statement of what the consumer must do and expenses he must bear. (6) Exceptions and exclusions from the terms of the warranty. (7) The step-by-step procedure which the consumer should take in order to obtain performance of any obligation under the warranty, including the identification of any person or class of persons authorized to perform the obligations set forth in the warranty. (8) Information respecting the availability of any informal dispute settlement procedure offered by the warrantor and a recital, where the warranty so provides, that the purchaser may be required to resort to such procedure before pursuing any legal remedies in the courts. (9) A brief, general description of the legal remedies available to the consumer. (10) The time at which the warrantor will perform any obligations under the warranty. (11) The period of time within which, after notice of a defect, malfunction, or failure to conform with the warranty, the warrantor will perform any obligations under the warranty. (12) The characteristics or properties of the products, or parts thereof, that are not covered by the warranty. (13) The elements of the warranty in words or phrases which would not mislead a reasonable, average consumer as to the nature or scope of the warranty. (b) Availability of terms to consumer; manner and form for presentation and display of information; duration; extension of period for written warranty or service contract. (1)(A) The Commission shall prescribe rules requiring that the terms of any written warranty on a consumer product be made available to the consumer (or prospective consumer) prior to the sale of the product to him. (B) The Commission may prescribe rules for determining the manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing. (2) Nothing in this chapter (other than paragraph (3) of this subsection) shall be deemed to authorize the Commission to prescribe the duration of written warranties given or to require that a consumer product or any of its components be warranted. (3) The Commission may prescribe rules for extending the period of time a written warranty or service contract is in effect to correspond with any period of time in excess of a reasonable period (not less than 10 days) during which the consumer is deprived of the use of such consumer product by reason of failure of the product to conform with the written warranty or by reason of the failure of the warrantor (or service contractor) to carry out such warranty (or service contract) within the period specified in the warranty (or service contract). (c) Prohibition on conditions for written or implied warranty; waiver by Commission. No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this subsection may be waived by the Commission if - (1) the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and (2) the Commission finds that such a waiver is in the public interest. The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor. (d) Incorporation by reference of detailed substantive warranty provisions. The Commission may by rule devise detailed substantive warranty provisions which warrantors may incorporate by reference in their warranties. (e) Applicability to consumer products costing more than $5. The provisions of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $5. § 2303. Designation of written warranties (a) Full (statement of duration) or limited warranty. Any warrantor warranting a consumer product by means of a written warranty shall clearly and conspicuously designate such warranty in the following manner, unless exempted from doing so by the Commission pursuant to subsection (c) of this section: (1) If the written warranty meets the Federal minimum standards for warranty set forth in section 2304 of this title, then it shall be conspicuously designated a "full (statement of duration) warranty". (2) If the written warranty does not meet the Federal minimum standards for warranty set forth in section 2304 of this title, then it shall be conspicuously designated a "limited warranty". (b) Applicability of requirements, standards, etc., to representations or statements of customer satisfaction. This section and sections 2302 and 2304 of this title shall not apply to statements or representations which are similar to expressions of general policy concerning customer satisfaction and which are not subject to any specific limitations. (c) Exemptions by Commission. In addition to exercising the authority pertaining to disclosure granted in section 2302 of this title, the Commission may by rule determine when a written warranty does not have to be designated either "full (statement of duration)" or "limited" in accordance with this section. (d) Applicability to consumer products costing more than $10 and not designated as full warranties. The provisions of subsections (a) and (c) of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $10 and which are not designated "full (statement of duration) warranties". § 2304. Federal minimum standards for warranties (a) Remedies under written warranty; duration of implied warranty; exclusion or limitation on consequential damages for breach of written or implied warranty; election of refund or replacement. In order for a warrantor warranting a consumer product by means of a written warranty to meet the Federal minimum standards for warranty - (1) such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty; (2) notwithstanding section 2308(b) of this title, such warrantor may not impose any limitation on the duration of any implied warranty on the product; (3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and (4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be). The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge. (b) Duties and conditions imposed on consumer by warrantor. (1) In fulfilling the duties under subsection (a) of this section respecting a written warranty, the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing remedy of any consumer product which malfunctions, is defective, or does not conform to the written warranty, unless the warrantor has demonstrated in a rulemaking proceeding, or can demonstrate in an administrative or judicial enforcement proceeding (including private enforcement), or in an informal dispute settlement proceeding, that such a duty is reasonable. (2) Notwithstanding paragraph (1), a warrantor may require, as a condition to replacement of, or refund for, any consumer product under subsection (a) of this section, that such consumer product shall be made available to the warrantor free and clear of liens and other encumbrances, except as otherwise provided by rule or order of the Commission in cases in which such a requirement would not be practicable. (3) The Commission may, by rule define in detail the duties set forth in subsection (a) of this section and the applicability of such duties to warrantors of different categories of consumer products with "full (statement of duration)" warranties. (4) The duties under subsection (a) of this section extend from the warrantor to each person who is a consumer with respect to the consumer product. (c) Waiver of standards. The performance of the duties under subsection (a) of this section shall not be required of the warrantor if he can show that the defect, malfunction, or failure of any warranted consumer product to conform with a written warranty, was caused by damage (not resulting from defect or malfunction) while in the possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance). (d) Remedy without charge. For purposes of this section and of section 2302(c) of this title, the term "without charge" means that the warrantor may not assess the consumer for any costs the warrantor or his representatives incur in connection with the required remedy of a warranted consumer product. An obligation under subsection (a)(1)(A) of this section to remedy without charge does not necessarily require the warrantor to compensate the consumer for incidental expenses; however, if any incidental expenses are incurred because the remedy is not made within a reasonable time or because the warrantor imposed an unreasonable duty upon the consumer as a condition of securing remedy, then the consumer shall be entitled to recover reasonable incidental expenses which are so incurred in any action against the warrantor. (e) Incorporation of standards to products designated with full warranty for purposes of judicial actions. If a supplier designates a warranty applicable to a consumer product as a "full (statement of duration)" warranty, then the warranty on such product shall, for purposes of any action under section 2310(d) of this title or under any State law, be deemed to incorporate at least the minimum requirements of this section and rules prescribed under this section. § 2305. Full and limited warranting of a consumer product Nothing in this chapter shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated. § 2306. Service contracts; rules for full, clear and conspicuous disclosure of terms and conditions; addition to or in lieu of written warranty (a) The Commission may prescribe by rule the manner and form in which the terms and conditions of service contracts shall be fully, clearly, and conspicuously disclosed. (b) Nothing in this chapter shall be construed to prevent a supplier or warrantor from entering into a service contract with the consumer in addition to or in lieu of a written warranty if such contract fully, clearly, and conspicuously discloses its terms and conditions in simple and readily understood language. § 2307. Designation of representatives by warrantor to perform duties under written or implied warranty Nothing in this chapter shall be construed to prevent any warrantor from designating representatives to perform duties under the written or implied warranty: Provided, That such warrantor shall make reasonable arrangements for compensation of such designated representatives, but no such designation shall relieve the warrantor of his direct responsibilities to the consumer or make the representative a cowarrantor. § 2308. Implied warranties (a) Restrictions on disclaimers or modifications. No supplier may disclaim or modify (except as provided in subsection (b) of this section) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer Product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product. (b) Limitation on duration. For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty. (c) Effectiveness of disclaimers, modifications, or limitations. A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law. § 2309. Procedures applicable to promulgation of rules by Commission (a) Oral presentation. Any rule prescribed under this chapter shall be prescribed in accordance with section 553 of title 5; except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under section 57a(e) of this title in the same manner as rules prescribed under section 57a(a)(1)(B) of this title, except that section 57a(e)(3)(B) of this title shall not apply. (b) Warranties and warranty practices involved in sale of used motor vehicles. The Commission shall initiate within one year after January 4, 1975, a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure. § 2310. Remedies in consumer disputes (a) Informal dispute settlement procedures; establishment; rules setting forth minimum requirements; effect of compliance by warrantor; review of informal procedures or implementation by Commission; application to existing informal procedures. (1) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. (2) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities. (3) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission's rules under paragraph (2). If - (A) a warrantor establishes such a procedure, (B) such procedure, and its implementation, meets the requirements of such rules, and (C) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then (i) the consumer may not commence a civil action (other than a class action) under subsection (d) of this section unless he initially resorts to such procedure; and (ii) a class of consumers may not proceed in a class action under subsection (D) of this section except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence. (4) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph (2), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law. (5) Until rules under paragraph (2) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection (d) of this section, the court may invalidate any such procedure if it finds that such procedure is unfair. (b) Prohibited acts. It shall be a violation of section 45(a)(1) of this title for any person to fail to comply with any requirement imposed on such person by this chapter (or a rule thereunder) or to violate any prohibition contained in this chapter (or a rule thereunder). (c) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions; procedures; definitions. (1) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain (A) any warrantor from making a deceptive warranty with respect to a consumer product, or (B) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commission's or Attorney General's likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period (not exceeding 10 days) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district. (2) For the purposes of this subsection, the term "deceptive warranty" means (A) a written warranty which (i) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or (ii) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or (B) a written warranty created by the use of such terms as "guaranty" or "warranty", if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual. (d) Civil action by consumer for damages, etc.; jurisdiction; recovery of costs and expenses; cognizable claims. (1) Subject to subsections (a)(3) and (e) of this section, a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief - (A) in any court of competent jurisdiction in any State or the District of Columbia; or (B) in an appropriate district court of the United States, subject to paragraph (3) of this subsection. (2) If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys' fees based on actual time expended) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys' fees would be inappropriate. (3) No claim shall be cognizable in a suit brought under paragraph (1)(B) of this subsection - (A) if the amount in controversy of any individual claim is less than the sum or value of $25; (B) if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit; or (C) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred. (e) Class actions; conditions; procedures applicable. No action (other than a class action or an action respecting a warranty to which subsection (a)(3) of this section applies) may be brought under subsection (d) of this section for failure to comply with any obligation under any written or implied warranty or service contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a warranty to which subsection (a)(3) of this section applies) brought under subsection (d) of this section for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. (f) Warrantors subject to enforcement of remedies. For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person. § 2311. Applicability to other laws (a) Federal Trade Commission Act and Federal Seed Act. (1) Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any statute defined therein as an Antitrust Act. (2) Nothing in this chapter shall be construed to repeal, invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551 et seq.) and nothing in this chapter shall apply to seed for planting. (b) Rights, remedies, and liabilities. (1) Nothing in this chapter shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law. (2) Nothing in this chapter (other than sections 2308 and 2304(a)(2) and (4) of this title) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury. (c) State warranty laws. (1) Except as provided in subsection (b) of this section and in paragraph (2) of this subsection, a State requirement - (A) which relates to labeling or disclosure with respect to written warranties or performance thereunder; (B) which is within the scope of an applicable requirement of sections 2302, 2303, and 2304 of this title (and rules implementing such sections), and (C) which is not identical to a requirement of section 2302, 2303, or 2304 of this title (or a rule thereunder), shall not be applicable to written warranties complying with such sections (or rules thereunder). (2) If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 2309 of this title) that any requirement of such State covering any transaction to which this chapter applies (A) affords protection to consumers greater than the requirements of this chapter and (B) does not unduly burden interstate commerce, then such State requirement shall be applicable (notwithstanding the provisions of paragraph (1) of this subsection) to the extent specified in such determination for so long as the State administers and enforces effectively any such greater requirement. (d) Other Federal warranty laws. This chapter (other than section 2302(c) of this title) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this chapter. § 2312. Effective dates (a) Effective date of chapter. Except as provided in subsection (b) of this section, this chapter shall take effect 6 months after January 4, 1975, but shall not apply to consumer products manufactured prior to such date. (b) Effective date of section 2302(a). Section 2302(a) of this title shall take effect 6 months after the final publication of rules respecting such section; except that the Commission, for good cause shown, may postpone the applicability of such sections until one year after such final publication in order to permit any designated classes of suppliers to bring their written warranties into compliance with rules promulgated pursuant to this chapter. (c) Promulgation of rules. The Commission shall promulgate rules for initial implementation of this chapter as soon as possible after January 4, 1975, but in no event later than one year after such date. |
