50-659. Vehicle dealer's duty to disclose specific facts; failure to disclose creates rebuttable presumption; definitions; deceptive act or practice. - Kansas Statutes

50-659

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 6.--CONSUMER PROTECTION

      50-659.   Vehicle dealer's duty to disclose specific facts; failure todisclose creates rebuttable presumption; definitions; deceptive act orpractice.(a) A vehicle dealer, as defined in K.S.A. 8-2401, andamendments thereto, shall not knowingly or intentionally fail to disclosein writing to the consumer of a motorvehicle the following:

      (1)   The fact that a motor vehicle was used as a driver training motorvehicle, as defined in K.S.A. 72-5015, and amendments thereto;

      (2)   the fact that a motor vehicle was used as a leased or rented motorvehicle; or

      (3)   the fact that a motor vehicle was a factory buyback motor vehicle orreturned to a vehicledealer under the provisions of K.S.A. 50-645, and amendments thereto.

      Failure of the vehicle dealer to disclose in writing the information inparagraphs (1), (2) and (3) shall create a rebuttablepresumption of intent not todisclose such information.

      (b)   For the purposes of this section:

      (1)   "Motor vehicle" means a motor vehicle which is registered for agross weight of 12,000 pounds or less, or a farm truck registered for agross weight of 16,000 pounds or less;

      (2)   "consumer" means the first individual to take title to a motorvehicle, for purposes other than resale, after such vehicle was:

      (A)   Used as a leased or rented motor vehicle;

      (B)   a driver training motor vehicle;

      (C)   repurchased or reacquired by the manufacturer or distributor as afactory buyback motor vehicle; or

      (D)   returned to a vehicle dealer under the provisions of K.S.A.50-645, and amendments thereto;

      (3)   "leased or rented motor vehicle" does not include a motor vehiclewhich is leased, loaned or rented by a vehicle dealer to a customer of suchdealer while the customer's motor vehicle is being serviced or repaired by suchdealer;

      (4)   "factory buyback motor vehicle" means a motor vehicle repurchased orreacquired by the manufacturer or distributor due to an order or judgment by acourt of law or formal, informal or mandatory arbitration procedure, and placedfor sale through any dealer, auction or agent.

      (c)   Any violation of this section is a deceptive act or practice under theKansas consumer protection act.

      (d)   This section shall be a part of and supplemental to the Kansasconsumer protection act.

      History:   L. 1988, ch. 54, § 1;L. 1992, ch. 252, § 6;L. 1993, ch. 123, § 1; July 1.