Pub. 6 2016 Issue 3

21 ©2015 AutoAdvisoryServices, Inc. andCharappandWeiss,LLP. .Call (800)785-2880 formore information AUTHORSMAKENOWARRANTY,EXPRESSOR IMPLIED,ASTOCONTENTORFITNESSFORPARTICULARPURPOSEOFTHISFORM.CONSULTYOUROWN LEGALCOUNSEL. USED VEHICLE RECALL STATUS DISCLOSURE Identification of Parties Buyer(s)/Lessee(s)Name (“you”) Address: Street City State ZIP ContractDate Dealership (“dealer”) Franchisor-Manufacturer (“franchise”) Year Make Model VIN The undersigned buyer(s)/lessee(s) of the Vehicle acknowledge the following disclosure of the Vehicle's National Highway Traffic Safety Administration (“NHTSA”) safety recall status as known by dealer prior to delivery. THIS FORM SUPERSEDES ALL VERBAL COMMENTS REGARDING THE VEHICLE’S RECALL STATUS. (Customer(s)initials) ____ ____ 1. Franchise Vehicle Subject to Open Safety Recall: Remedy Available Vehicle is subject to an open NHTSA safety recall. Contact dealer at the earliest opportunity to arrange to have the recall status remedied as soon as possible. ____ ____ 2. Franchise Vehicle Subject to Open Safety Recall: Remedy Not Available Vehicle is subject to an open NHTSA safety recall, buta remedy for this recalldoesnot appear tobe available.Periodicallycontactdealer or check the NHTSA recall search portal at vinrcl.safercar.gov/vin/ to determine whether a remedy for the recall is available. As soon as a remedy is available, contact dealer to arrange to have the recall remedied as soon as possible. ____ ____ 3. Non-Franchise Vehicle Subject to Open Safety Recall: Remedy Available Vehicle is subject to an open NHTSA safety recall. Dealer is not franchised to perform the recall repair. Contact a franchise dealer at the earliest opportunity to arrange to have the recall status remedied as soon as possible. ____ ____ 4. Non-Franchise Vehicle Subject to Open Safety Recall: Remedy Not Available Vehicle is subject to an open NHTSA safety recall, but a remedy for this recall does not appear to be available. Dealer is not franchised to perform the recall repair. Periodically contact the manufacturer or check the VIN on the NHTSA recall search portal at vinrcl.safercar.gov/vin/ to determine whether a remedy for the recall is available. As soon as a remedy is available, arrange to have the recall remedied as soon as possible. ____ ____ 5. Vehicle Not Subject to Open Safety Recall Vehicle is not subject to an open NHTSA safety recall. ____ ____ 6. Safety Recall Status Unavailable Dealer was unable to determine whether Vehicle is subject to an open NHTSA safety recall. Contact the manufacturer to learn about the NHTSA safety recall status, and have the recall remedied as soon as possible, if applicable. If a recall notification (“report”) obtained from the automaker, NHTSA, or a third party recall information provider was provided toyou,youunderstand that the reportwasobtained fromanunaffiliated third-partyprovider.Dealer isnot responsible for any errors or omissions in the report. This report is provided as a courtesy and is for your information only. By signing below, you acknowledge that: • Dealer disclosed this recall status information prior to execution of the Vehicle sale or lease agreement; and • You took this recall status information into account in agreeing to purchase or lease the Vehicle and in agreeing upon the Vehicle’s value.   Date Customer’sSignature Customer’s (co-buyer/co-lessee)Signature  Date DealerRepresentative’sSignature Identification of Vehicle (“Vehicle”) ©2015 AutoAdvisoryServices, Inc. andCharappandWeiss,LLP. .Call (800)785-2880 formore information AUTHORSMAKENOWARRANTY,EXPRESSOR IMPLIED,ASTOCONTENTORFITNESSFORPARTICULARPURPOSEOFTHISFORM.CONSULTYOUROWN LEGALCOUNSEL. USED VEHICLE RECALL STATUS DISCLOSURE Identification of Parties Buyer(s)/Lessee(s)Name (“you”) Address: Street City State ZIP Date Dealership (“dealer”) Franchisor-Manufacturer (“franchise”) Year Make Model VIN The undersigned buyer(s)/lessee(s) of the Vehicle acknowledge the following disclosure of the Vehicle being subject to an uncompleted recall repair (“Open Safety Recall”) according to the Vehicle's National Highway Traffic Safety Administration (“NHTSA”)’s NHTSA recall search portal. THIS FORM SUPERSEDES ALL VERBAL COMMENTS REGARDING THE VEHICLE’S RECALL STATUS. ____ 1. Franchise Vehicle Subject to Open Safety Recall: Remedy Not Available Vehicle is subject to an open NHTSA safety recall, but a remedy for this recall is not presently available. Periodically contact dealer or check the NHTSA recall search portal at vinrcl.safercar.gov/vin/ to determine whether a remedy for the recall is available. As soon as a remedy is available, contact dealer to arrange to have the recall remedied. ____ 2. Non-Franchise Vehicle Subject to Open Safety Recall: Remedy Appears to be Available Vehicle is subject to an open NHTSA safety recall. Dealer is not franchised to perform the recall repair. Contact a dealer franchised for the vehicle brand to arrange to have the recall remedied. ____ 3. Non-Franchise Vehicle Subject to Open Safety Recall: Remedy Not Available Vehicle is subject toanopenNHTSAsafety recall,buta remedy for this recalldoesnotappear tobeavailable. Dealer is not franchised to perform the recall repair. Periodicallycontact the manufacturer orcheck the VIN on the NHTSA recall search portal at vinrcl.safercar.gov/vin/ to determine whether a remedy for the recall is available. As soon as a remedy is available, arrange to have the recall service performed by a dealer franchised for the vehicle brand. By signing below, you acknowledge that: • Dealer disclosed this recall status information prior to execution of the Vehicle sale or lease agreement; • The Vehicle is being delivered to you with an Open Safety Recall, and you accept it in that condition with an understanding of the vehicle’s recall status; and • You took this recall status information into account in agreeing to purchase or lease the Vehicle and in agreeing upon the Vehicle’s value.  Date Customer’sSignature  Customer’s (co-buyer/co-lessee)Signature Identification of Used Vehicle (“Vehicle”) far less certain. Given the high-profile status of recall concerns in today’s press, we recommend that dealers be proactive in de- veloping policies (in consultation with counsel and the safety and service experts within the dealership) on how to treat used vehicles subject to recall. Such policies should necessarily in- volve whether to retail recalled used vehicles that the dealership is franchised to sell, may extend to determining whether non- franchised used vehicles should be retailed as well (and would necessarily involve creating a policy of identifying used vehicles subject to recall in your existing inventory prior to sale, as well as determining whether to acquire such vehicles). While no law currently requires dealers to do so, dealers are advised not to wait until such laws are passed. PromoTAG ™ Transform your dispatch tag into a marketing tool. Deliver your message 100% of the time. 