190.071 Prohibited practices on part of new motor vehicle dealer.

370 words·~2 min read·/ky/chapter-190/190-071

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)It shall be a violation of this section for any new motor vehicle dealer:

(a)To require the purchaser of a motor vehicle as a condition of sale and delivery,

to also purchase special features, appliances, accessories, or equipment not

desired or requested by the purchaser, unless the features, appliances,

accessories, or equipment are the type which are ordinarily installed on the

vehicle by the manufacturer or distributor when the vehicle is received or

acquired by the dealer.

(b)To advertise, display, represent, or sell as a new or unused motor vehicle any

vehicle which has been operated for demonstration purposes, or which is

otherwise a used motor vehicle.

(c)To sell or offer for sale as a new or unused motor vehicle any motor vehicle

for which he cannot secure for the purchaser the new car warranty that may be

extended by the manufacturer of the vehicle to purchasers of one

(1)of its

new vehicles, unless the fact that the vehicle being sold without a

manufacturer's warranty is communicated to the purchaser, and disclosed

prominently in writing.

(d)To fail to have an established place of business which is used, or will be used,

primarily for the purpose of selling, buying, displaying, repairing, or servicing

motor vehicles.

(e)To use false or fraudulent representations in connection with the operation of

the new motor vehicle dealership.

(f)To fail to reasonably supervise his agents, salesmen, or employees.

(g)To transfer a new motor vehicle with a manufacturer's statement of origin to a

motor vehicle dealer who does not have either a valid service agreement or

franchise from the particular line, make, manufacturer, distributor, factory

branch, or factory representative.

(2)Any motor vehicle dealer who fails to comply with this section or the provisions of

KRS Chapter 186 or 186A, and any motor vehicle dealer other than a wholesale

auto dealer who is found by the commission to have acquired a used motor vehicle

for cash, trade-in, or in any other manner and fails to have the registration

transferred to him prior to the time the vehicle is sold or otherwise transferred to

another person shall be subject to suspension, fine, or revocation of his motor

vehicle dealer's license.