In some instances, buyers of vehicles may rely on extraneous sources when thinking about what is included in the purchase of a used vehicle. For example, they may look at a sticker produced by a third-party that describes the standard equipment that is installed with the vehicle when it is new. However, the equipment and accessories that are currently installed on the vehicle may be different, potentially causing confusion.
There are rules pertaining to specific disclosures about a vehicle that must be provided to consumers. However, there is likely a clause in the purchase agreement that states that the vehicle was sold as-is. Additionally, when there is a sticker that states that the original equipment may no longer be installed in the vehicle, there is likely no argument that a mistake in fact is at issue. Read further for a comprehensive explanation on the dealer’s requirements.
Automobile Information Disclosure Act
A federal act exists that requires car manufacturers to display certain information about new vehicles on a sticker or label on the vehicle’s windshield or side window. This is codified in Section 1232 of 15 U.S.C. Chapter 28. The information that must be included is the vehicle’s make, model and vin, the location of manufacture, the manufacturer’s suggested retail price, the manufacturer’s suggested retail price for each accessory or optional piece of equipment, the total of the vehicle and any applicable safety ratings and crash data. It is illegal for a dealer to take off this sticker before a sale and non-compliance can cause the dealer to face severe penalties.
However, this law does not apply to the purchase of a used car. In theory, the sticker was already delivered on the vehicle when it was first sold to the original buyer. Therefore, installed options could have been removed from the car since that point when the accessory actually had to be there.
Buyer’s Guide
However, most sellers of used vehicles are required to post the Buyer’s Guide form on the vehicle’s window. This form should indicate whether the vehicle was being sold “as is” or if there is still a warranty on it and how much longer the warrant would apply.
The dealer typically has the discretion of stating what features that it wants to include on the Buyer’s Guide form. Additionally, the sales contract is typically the document that memorializes the deal. It likely includes language that there are no other agreements between the parties and that the buyer is buying the vehicle “as is.” Many states permit this simple clause to disclaim any warranties. Others require specific language in the contract that states that there are no expressed or implied warranties.
If there is a warranty remaining on the vehicle, carefully read through this information to determine if the warranty applies to the accessory in question, such as the audio system. It is unlikely that such equipment is covered because most warranties cover the engine and other internal parts of the vehicle that help it to function, and the radio usually does not fall under this purview.
