Mike Feuer
- Democratic
Author
The Rees-Levering Motor Vehicle Sales and Finance Act regulates conditional sales contracts for motor vehicles, and, among other things, requires a person selling or leasing a motor vehicle under a conditional sale contract to disclose certain information to the buyer of the vehicle. A willful violation of those provisions is a misdemeanor and may render the contract unenforceable. A seller who violates the provisions of the act may also be liable to the buyer for monetary damages. This bill would require a buy-here-pay-here dealer, as defined, to issue a 30-day or 1,000-mile warranty to the buyer or lessee of a used vehicle bought or leased at retail price, and would require the warranty to cover the engine, transmission, drive axle, front and rear wheel drive components, engine cooling system, brakes, front and rear suspension systems, steering, seatbelts, inflatable restraint systems, catalytic converter or other emissions components, heater, seals and gaskets, electrical, electronic, and computer components, alternator, generator, starter, and ignition system. The bill would require the buy-here-pay-here dealer to either repair those covered parts that fail or, at the buy-here-pay-here dealer's election, to cancel the sale or lease and reimburse the buyer or lessee, as specified. The bill would require the buy-here-pay-here dealer to pay 100% of the cost of labor and parts for any repairs under the warranty. The bill would void an agreement for the purchase or lease of a vehicle that waives, limits, or disclaims these requirements. The bill would provide that a warranty is deemed to have been issued if a buy-here-pay-here dealer fails to issue a warranty pursuant to these provisions. The bill would prohibit a buy-here-pay-here dealer from requiring the buyer to make payments in person, with the exception of the downpayment for the vehicle, would prohibit the buy-here-pay-here dealer from repossessing the vehicle or charging a penalty following timely payment of a deferred downpayment, as specified, would prohibit the buy-here-pay-here dealer from, after the sale of the vehicle, tracking the vehicle using electronic tracking technology and from disabling the vehicle with starter interrupt technology, except as specified, and would make a violation of these prohibitions a misdemeanor punishable by a fine of up to $1,000. By creating a new crime, this bill would impose a state-mandated local program. The bill would also make findings and declarations related to buy-here-pay-here dealers, and would authorize the Department of Motor Vehicles to promulgate any necessary regulations. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 740, Statutes of 2012.
Enrolled and presented to the Governor at 4:45 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 25. Page 6380.).
Assembly Rule 77 suspended. (Page 6357.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 14. Page 4780.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (August 6).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (July 3). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
Withdrawn from committee.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 25. Page 5035.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 16).
Read second time and amended.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 24).
From printer. May be heard in committee February 4.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1447 | HTML |
| 01/04/12 - Introduced | |
| 05/01/12 - Amended Assembly | |
| 05/22/12 - Amended Assembly | |
| 06/25/12 - Amended Senate | |
| 08/06/12 - Amended Senate | |
| 08/20/12 - Amended Senate | |
| 08/31/12 - Enrolled | |
| 09/29/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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