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Buyers guide posting on a used vehicle

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texaspeat99

Junior Member
What is the name of your state?What is the name of your state? North Carolina

The Federal Trade Commission (Section 455.2(a)) requires you (the dealer) to prepare and display a Buyers Guide before offering to sell a used vehicle to a consumer. With that in mind, What if the dealer never prepared or posted a Buyers Guide on the vehicle that I unfortunately bought? Do I have any legal options ? I have already had several runarounds with the dealer regarding the purchase. I didn't do my homework( I've never been an impulse buyer before this). In order to offset there advertising gimic of $4,000 off all used vehicles, they marked up the price by $10,000 and I paid $4,000 over retail after all the haggling (obviously not enough haggling) This was a " By invitation only sale on repossessed and seized vehicles".
 


LK.

Member
Ouch. I saw a bumper sticker on a car once that said "Oh no, not another learning experience!"

You can file a complaint with your state DMV. Filing a complaint is just that, filing a complaint. It does not mean that you will see any results from your filing.

The dealer did not do anything illegal in how the vehicles were priced. Generally, once you sign for a car...it is yours, period.
 

texaspeat99

Junior Member
Thanks for the reply, but I still don't understand how failing to follow Federal Trade Commission requirements is not illegal and what would the DMV have to do with it?
 

LK.

Member
It is your word against the dealer's word as to whether the "buyer's guide" was or was not in place on the vehicle. Violating an FTC rule is illegal, if that rule applies in your case. However, a violation (even if it was proven) does not necessarily void the Purchase and Sales agreement that you signed.

You can certainly complain to the FTC if you like. However, auto dealers, and automotive purchase contracts are regulated by the state. Your state has at least one regulatory body that determines whether a dealer can be licensed to sell in that state...that body may be the DMV, it may be the AG's office...depends on your local regulation
 

JETX

Senior Member
The 'FTC Used Car Rule', even though a federal 'rule', allows for exemptions in states that want to exempt.
VI. State Exemption Petitions -- Section 455.6
The Used Car Rule includes a specific provision that sets out the standards for granting statewide exemptions from the Rule. This provision States that the Used Car Rule will not be in effect in a state, to the extent specified by the Commission, where:
(1) There is a state requirement in effect which applies to any transaction to which this rule applies, and
(2) That state requirement affords an overall level of protection to consumers which is as great as, or greater than, the protection afforded by [the Used Car] Rule; * * * for as long as the State administers and enforces effectively the state requirement.


A cursory review of the NC statutes and rules does NOT show it to be exempted.... but you might at least check.

Acccording to the FTC, if you want to file a complaint, contact:
Joyce E. Plyler (202/326-3021) or Matthew D. Gold (202/326-3019), Attorneys, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC 20580.
 

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