Contracts for sales of used motor vehicles
 40. (1) Before entering into a contract to sell a used motor vehicle to a purchaser who is not a registered motor vehicle dealer, a registered motor vehicle dealer shall ensure that the person providing financing for the purchase has provided to the purchaser the information that must be disclosed in any initial disclosure statement required under section 79 of the Consumer Protection Act, 2002 with respect to the financing if, (a)  the purchaser is a consumer within the meaning of that Act; and (b)  the dealer is providing the financing or the application for the financing to the purchaser.  O. Reg. 333/08, s. 40 (1). (2) A registered motor vehicle dealer shall ensure that any contract that the dealer enters into to sell a used motor vehicle to a purchaser who is not another registered motor vehicle dealer includes, in a clear, comprehensible and prominent manner, the following: 1.  The matters required under paragraphs 1 to 3, 5 to 10, 14 to 19 and 21 to 27 of subsection 39 (2). 1.1  If the contract is made through a motor vehicle dealer registered as a general dealer, the registered name and registration number of that dealer, together with the legal name of that dealer if it is different from the registered name. 2.  A statement that the dealer has complied with subsection (1), if that subsection applies to the dealer with respect to the contract. 3.  An itemized list of all repairs, if any, that, under the contract, the dealer has made to the vehicle or will make to the vehicle and the cost of any such repairs that are to be paid by the purchaser. 4.  If a current safety standards certificate under the Highway Traffic Act has been issued for the vehicle, that certificate and a statement in accordance with subsection (5) in 12 point bold font, except for the heading which shall be in 14 point bold font. 5.  If the dealer is selling the vehicle on an as-is basis, a statement in accordance with subsection (6) in 12 point bold font, except for the heading which shall be in 14 point bold font, where the purchaser initials the statement.  O. Reg. 333/08, s. 40 (2); O. Reg. 221/09, s. 14; O. Reg. 377/09, s. 5. (3) No registered motor vehicle dealer shall sell a used motor vehicle on an as-is basis to a purchaser who is not a registered motor vehicle dealer if a current safety standards certificate under the Highway Traffic Act has been issued for the vehicle. O. Reg. 333/08, s. 40 (3). (4) Despite paragraph 1 of subsection (2), the statement mentioned in paragraph 26 of subsection 39 (2) is required only if the model year of the motor vehicle is the current model year or one of the four preceding model years and the vehicle has been driven for less than 160,000 kilometres.  O. Reg. 333/08, s. 40 (4). (5) The statement mentioned in paragraph 4 of subsection (2) is as follows: Safety Standards Certificate A safety standards certificate is only an indication that the motor vehicle met certain basic standards of vehicle safety on the date of inspection. O. Reg. 333/08, s. 40 (5). (6) The statement mentioned in paragraph 5 of subsection (2) is as follows: Vehicle sold “as-is” The motor vehicle sold under this contract is being sold “as-is” and is not represented as being in road worthy condition, mechanically sound or maintained at any guaranteed level of quality. The vehicle may not be fit for use as a means of transportation and may require substantial repairs at the purchaser’s expense. It may not be possible to register the vehicle to be driven in its current condition. O. Reg. 333/08, s. 40 (6). (7) The registered motor vehicle dealer shall ensure that there is a separate contract under subsection (2) for each motor vehicle that the dealer sells.  O. Reg. 333/08, s. 40 (7). (8) The registered motor vehicle dealer shall ensure that each contract mentioned in subsection (2) into which the dealer enters includes, in a clear, comprehensible and prominent manner, all restrictions, limitations and conditions imposed on the purchaser under the contract. O. Reg. 333/08, s. 40 (8). (9) For each contract mentioned in subsection (2) into which the registered motor vehicle dealer enters, the dealer shall ensure that, (a)  the contract is signed by the parties; (b)  if a registered salesperson is acting on behalf of the dealer respecting the sale, the contract is signed by the salesperson; and (c)  the purchaser receives a copy of the contract immediately after signing it. O. Reg. 333/08, s. 40 (9). (10) If a contract under this section is made through a motor vehicle dealer registered as a general dealer, the general dealer shall not facilitate a contract that does not comply with this section. O. Reg. 333/08, s. 40 (10).