Submission Number: 563688-00094
Received: 3/4/2013 10:27:24 AM
Commenter: Aldo Bolliger
Organization: Bolliger Law Group, PLLC
Agency: Federal Trade Commission
Initiative: 16 CFR Part 455 Used Motor Vehicle Trade Regulation Rule; Project No. P087604
Attachments: No Attachments
There should be some mandatory disclosures for dealers, who are in a better position to download information from NMVTIS or to make known that a vehicle has had frame damage or is a salvage vehicle. There should also be some statement on the form directing the dealer to display the form on the vehicle and a penalty or other measure of enforcement. All too often consumers are asked to sign the form during the course of the sale after they have already decided to purchase the vehicle. Part of the form's purpose is to advise the consumer to ask the right questions while he/she is deciding to purchase the vehicle. When dalers fail to post the form the purpose of the form is nearly nullified. Anything listed on the back of the form has little chance of being read. In practice, consumers are rushed through the closing process of a vehicle purchase and don't have the opportunity to read important disclosures contained on the reverese side of documents. Any safe harbor provisions that allow dealers to escape liability, even temporarily, encourage increased fraud in an industry already laden with fraud. Such safe harbor provisions discourage consumers from seeking relief, run contrary to most state law and send the wrong sort of message to the auto sales industry.