TITLE XXXI
TRADE AND COMMERCE

Chapter 358-F
SALE OF UNSAFE USED MOTOR VEHICLES; INSPECTION

Section 358-F:1

358-F:1 Definitions. –
As used in this chapter:
I. "Customer" means any person who is seeking to purchase, is purchasing, or has purchased a used motor vehicle at retail.
II. "Dealer" means any person who is engaged in the business of selling at retail used motor vehicles.
III. "Person" means any person defined by RSA 358-A:1, I.
IV. "Used motor vehicle" means any motor vehicle as defined by RSA 259:60, I, which has been previously leased, rented or sold at retail.

Source. 1977, 541:1. 1981, 146:5, XXVIII, eff. Jan. 1, 1982.

Section 358-F:2

358-F:2 Inspection. – Before selling to any customer any used motor vehicle which is unsafe for operation upon the highways pursuant to RSA 266:8, the dealer shall, upon the request of the customer, conduct or have conducted a safety inspection of such vehicle. If the vehicle is found to be unsafe for operation, the dealer may sell the vehicle to the customer without correcting the defects, but only if the dealer presents to the customer at the time of sale a notice which states:
This motor vehicle will not pass a New Hampshire inspection and is unsafe for operation. The following defects must be corrected before an inspection sticker will be issued.
The dealer shall list all inspection defects under this statement and specify the date on which the inspection was conducted and the person who performed the inspection. The dealer may make a reasonable charge for conducting the inspection.

Source. 1977, 541:1. 1981, 146:5, XXIX, eff. Jan. 1, 1982.

Section 358-F:3

358-F:3 Notice of Rights. – Each dealer shall notify each customer of his rights under this chapter before selling an unsafe used motor vehicle to the customer and shall obtain a written acknowledgment from the customer that he has been so notified.

Source. 1977, 541:1, eff. Sept. 13, 1977.

Section 358-F:4

358-F:4 Remedy. – A failure of any dealer to comply with the provisions of this section, or a concealment by any dealer of any defect which was discovered, or should have been discovered, during the inspection required by RSA 358-F:2 is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this chapter.