Title 10, Chapter 1, Section 785
( 10-1-785)
(a) No manufacturer or other transferor shall knowingly resell,
either at wholesale or retail, lease, transfer a title, or otherwise
transfer, except to sell for scrap, any motor vehicle which has been
determined to have a serious safety defect by reason of a
determination, adjudication, or settlement decision pursuant to this
article or similar statute of any other state, unless the serious
safety defect has been corrected; the manufacturer warrants in
writing upon the resale, transfer, or lease that the defect has been
corrected; and the transferor provides the manufacturer's written
warranty under this Code section to the consumer. (b) After replacement or repurchase pursuant to this article of a
motor vehicle with a nonconformity, other than a serious safety
defect, which has not been corrected, the manufacturer shall notify
the administrator, by certified mail or statutory overnight
delivery, upon receipt of the manufacturer's motor vehicle. If such
nonconformity is corrected, the manufacturer shall notify the
administrator in the same manner of such correction. If the two
events described in this subsection occur within 30 days of one
another, both notices may be combined into the same notice. (c) Upon the resale, either at wholesale or retail, lease, transfer
of title, or other transfer of a motor vehicle with a nonconformity,
other than a serious safety defect, which has not been corrected and
which was previously returned after a final determination,
adjudication, or settlement under this article or under a similar
statute of any other state, the manufacturer shall execute and
deliver to the transferee before transfer to a consumer an
instrument in writing setting forth information identifying the
nonconformity in a manner to be specified by the administrator; the
transferor shall deliver the instrument to the consumer before
transfer. (d) Upon the resale, either at wholesale or retail, lease, transfer
of title, or other transfer of a motor vehicle found to have a
nonconformity under this article which has been corrected, the
manufacturer shall warrant in writing on forms prescribed by the
administrator upon the transfer that the nonconformity has been
corrected, and the manufacturer, its agent, the new motor vehicle
dealer, or other transferor shall execute and deliver to the
transferee before transfer an instrument in writing setting forth
information identifying the nonconformity and indicating in a manner
to be specified by the administrator that it has been corrected and
providing an express manufacturer's warranty on the vehicle
regarding the nonconformity for 12 months or 12,000 miles, whichever
occurs first. (e) For purposes of this Code section, the term "settlement"
includes an agreement entered into between the manufacturer and the
consumer that occurs after the dispute has been submitted to an
informal dispute resolution settlement mechanism or has been deemed
eligible by the administrator for arbitration before a panel. |