Section 407.1343

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 01 Aug 2002, see footnote   

  407.1343.  Damage to new RVs, written disclosure to dealer required, when — reversion of ownership to manufacturer or distributor, when. — 1.  On any new RV, any uncorrected, significant damage or any corrected damage exceeding five hundred dollars or ten percent of the dealer's invoice, whichever is greater, must be disclosed to the dealer in writing prior to delivery.  The dealer is responsible for disclosing such damage to the consumer in writing and must obtain a written acknowledgment of such damage from the consumer.  A copy of the consumer's acknowledgment must be provided to the manufacturer.  Factory or dealer repairs to glass, tires, wheels, bumpers, audio/video equipment, in-dash components, instrument panels, decorating items, appliances, furniture and components are excluded from disclosure when properly replaced by substantially similar manufacturer's or distributor's original equipment, materials or parts.

  2.  Whenever a new RV is damaged prior to transit to the dealer, or is damaged in transit to the dealer when the carrier or means of transportation has been determined by the manufacturer, or distributor, the dealer shall:

  (1)  Notify the manufacturer or distributor of such damage by the next business day after the date of delivery of such new RVs to the new RV dealership or within such additional time as specified in the RV manufacturer/dealer agreement; and

  (2)  Either:

  (a)  Request from the manufacturer or distributor authorization to replace the components, parts and accessories damaged or otherwise correct the damage; or

  (b)  Reject the vehicle by the next business day after delivery.

  3.  If the manufacturer or distributor refuses or fails to authorize repair of such damage within ten days after receipt of notification, or if the dealer rejects the RV because of damage, ownership of the new RV shall revert to the manufacturer or distributor.  The^* dealer will exercise due care in custody, but the RV dealer shall have no other obligations, financial or otherwise, with respect to such RV.

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(L. 2001 H.B. 575)

Effective 8-01-02

*Word "The" does not appear in original rolls.