Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 104 - RULES FOR THE USED CAR INFORMATION ACT › Section 250-104-1 - GENERAL DUTIES OF A USED CAR DEALER

Current through 2024-29, July 17, 2024
A.
DEFINITIONS
1. "Consumer" means
				  any person who is not a used vehicle dealer, and a person defined as a
				  "purchaser" at 10 M.R.S.A. §1471, sub-§ 6.
2. "Dealer" means any person or legal entity
				  which meets the Used Car Information Act definition of "dealer" at 10 M.R.S.A.
				  §1471, sub-§ 2.
3.
				  "Implied warranty" means an implied warranty arising under the Maine Uniform
				  Commercial Code, 11 M.R.S.A. §2 - 314 (as modified by the Magnuson-Moss
				  Act) in connection with the sale by a dealer of a used vehicle that is still
				  within its useful life.
4.
				  "Mechanical defect" means any defect, failure or malfunction of the mechanical
				  system of a motor vehicle, including but not limited to the motor and
				  transmission, electrical, hydraulic or suspension system, and any defect,
				  damage, failure or malfunction that significantly affects the safety or normal
				  use of a motor vehicle.
5. "Motor
				  vehicle" means any automobile or truck with a gross vehicle weight of not more
				  than 10,000 pounds, and does not include motorcycles.
6. "Service contract" means a contract in
				  writing for any period of time or any specific mileage to refund, repair,
				  replace or maintain a used vehicle, and which is provided at an extra charge
				  beyond the price of the used vehicle.
7. "Substantial damage" means damage by
				  collision, water, fire or other means to the motor vehicle so substantial that
				  if known to the consumer it would affect the consumer's decision to purchase
				  the car or the price the consumer would be willing to pay.
8. "Used vehicle" means any vehicle driven
				  more than the limited use necessary in moving, road testing or consumer test
				  drives of a new vehicle prior to delivery to a consumer "Used Vehicle" includes
"
program
"
or "executive" cars,but does not include
				  any vehicle sold only for scrap or parts (title documents surrendered to the
				  state and a salvage certificate issued). Any vehicle which meets the definition
				  of a "reconstructable motor vehicle" at 10 M.R.S.A. §1471, sub-§ 6-A
				  is considered a "used vehicle."
9.
				  "Warranty" means any undertaking in writing, in connection with the sale by a
				  dealer of a used vehicle, to refund, repair, replace, maintain or take other
				  action with respect to such used vehicle and provided at no extra charge beyond
				  the price of the used vehicle. Also included in this Used Car Information Act
				  definition is any representation by a dealer which meets the definition of
				  "warranty" at 10 M.R.S.A §1471, sub-§ 8.
10. "You" means any dealer, or any agent or
				  employee of a dealer, except where the term appears on the window form required
				  by this rule.
11. "Reconstructable
				  motor vehicle" means a used motor vehicle that does not meet inspection
				  standards and does not have an inspection sticker affixed to it.