Effective – 28 Aug 2021, 2 histories 407.560. Definitions. — As used in sections 407.560 to 407.579, the following terms mean: (1) “Collateral charges”, those additional charges to a consumer not directly attributable to a manufacturer’s suggested retail price label for the new motor vehicle. For the purposes of sections 407.560 to 407.579, “collateral charges” […]
Effective – 28 Aug 1984 407.563. Law applicable to breach of new motor vehicles warranties. — The provisions of sections 400.2-602 to 400.2-609 shall not apply to sales of new motor vehicles and such sales shall be governed by the provisions of sections 407.560 to 407.579. ——– (L. 1984 H.B. 992 § 2)
Effective – 28 Aug 1984 407.565. Report of nonconformity required, when — repairs, duty of manufacturer or agent, when. — For the purposes of sections 407.560 to 407.579, if a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, or its agent, during the […]
Effective – 28 Aug 2004 407.567. Replacement of motor vehicle or refund of purchase price, when — allowance deducted for consumer’s use — reimbursement, when, application for. — 1. If the manufacturer, through its authorized dealer or its agent, cannot conform the new motor vehicle to any applicable express warranty by repairing or correcting any […]
Effective – 28 Aug 1984 407.569. Affirmative defenses. — It shall be an affirmative defense to any claim under sections 407.560 to 407.579 that: (1) An alleged nonconformity does not substantially impair the use, market value, or safety of the motor vehicle; (2) A nonconformity is the result of abuse, neglect, or unauthorized modifications or […]
Effective – 28 Aug 1984 407.571. Presumptions of nonconformity — exception. — It shall be presumed that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties if within the terms, conditions, or limitations of the express warranty, or during the period of one year following […]
Effective – 28 Aug 1984 407.573. Warranty extension, when — complaint remedies information to be furnished — notice to manufacturer required — manufacturer’s duties, time limitation. — 1. The terms, conditions, or limitations of the express warranty, or* the period of one year following the date of original delivery of the new motor vehicle to […]
Effective – 28 Aug 1984 407.575. Manufacturer with approved settlement procedure, consumer’s duty. — If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of the code of Federal Regulations, 16 CFR 703, provisions of sections 407.560 to 407.579 concerning refunds or replacements shall not apply to […]
Effective – 28 Aug 1984 407.577. Court action by consumer, costs, expenses, attorney’s fees, how paid. — 1. If a consumer undertakes a court action after complying with the provisions of sections 407.560 to 407.579 and finally prevails in that action, he shall be allowed by the court to recover as part of the judgment […]
Effective – 28 Aug 1984 407.579. Consumer’s right to other remedies — law to apply, when. — 1. Except as provided in subdivision (1) of section 407.560, nothing in sections 407.560 to 407.579 shall in any way limit the rights or remedies which are otherwise available to a consumer at law or in equity. 2. […]
