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H0704...............................................by REVENUE AND TAXATION
MOTOR VEHICLES - REFUND - Adds to existing law to require an automobile
manufacturer to accept return of a motor vehicle and to refund the customer
the full amount of the purchase price, including all taxes, if specified
conditions have been satisfied; and to provide that such refund is an
exclusive remedy which precludes action under any other provision of law
relating to new motor vehicle warranties and a manufacturer's duty to
repair, refund or replace a new vehicle that cannot be made to conform to
the vehicle warranty or guarantee.
02/29 House intro - 1st rdg - to printing
03/01 Rpt prt - to Transp
H0704
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 704
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO AUTOMOBILE MANUFACTURER'S DUTY TO ACCEPT RETURN OF VEHICLE AND
3 DUTY TO REFUND CUSTOMER; AMENDING CHAPTER 9, TITLE 48, IDAHO CODE, BY THE
4 ADDITION OF A NEW SECTION 48-903A, IDAHO CODE, TO PROVIDE FOR REFUND OF A
5 VEHICLE BY A MANUFACTURER, TO PROVIDE CONDITIONS AND TO PROVIDE THAT SUCH
6 REFUND IS AN EXCLUSIVE REMEDY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 9, Title 48, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 48-903A, Idaho Code, and to read as follows:
11 48-903A. MANUFACTURER'S DUTY TO ACCEPT RETURN OF VEHICLE AND REFUND THE
12 CONSUMER -- EXCLUSIVE REMEDY. (1) A consumer may request a refund for the
13 full amount of the purchase price of a vehicle, and upon return of that vehi-
14 cle to the manufacturer, the manufacturer shall refund the consumer, provided
15 that:
16 (a) The defect has not been fully corrected within three (3) months as
17 requested by the consumer;
18 (b) The condition of the vehicle, except for the uncorrected defect, is
19 substantially the same as when the consumer received the vehicle from the
20 manufacturer; and
21 (c) The consumer has filed a claim with the manufacturer.
22 (2) Within thirty (30) days of receipt of the claim for a refund, the
23 manufacturer shall refund the full amount of the purchase price including all
24 taxes, at which time the consumer shall release possession and title of the
25 vehicle to the manufacturer.
26 (3) The provisions of this section are intended as an exclusive remedy,
27 and no arbitration or any form of dispute settlement process or procedure
28 shall be required. Action taken pursuant to this section precludes a consumer
29 from taking any other action, relating to the same vehicle, under any other
30 section of chapter 9, title 48, Idaho Code, and no consumer who has taken any
31 action, relating to the same vehicle, under any other section of chapter 9,
32 title 48, Idaho Code, shall be eligible to request a refund pursuant to this
33 section.
STATEMENT OF PURPOSE
RS10196
The purpose of this legislation is to strengthen the Lemon Law legislation that
requires the automobile manufacturer to act in a timely manner.
FISCAL IMPACT
No fiscal impact to the general fund.
CONTACT: Representative Charles Cuddy
332-1000
Cy Chase
STATEMENT OF PURPOSE/FISCAL NOTE H 704