THE LAW
New Hampshire, unlike many other states, permits the sale of so-called "unsafe" vehicles which cannot pass state inspection when sold. New Hampshire's Unsafe Vehicle Act (RSA 358-F) gives consumers several important legal rights in the sale of such used vehicles. An "unsafe" vehicle, as defined by RSA 358-F, is one whose brakes, frame, exhaust system, or lights will not pass the state's safety inspection.
Before a dealer can sell an unsafe used car, the dealer must:
* disclose that the car will not pass the state safety inspection; and
* offer the buyer the opportunity to have the car inspected for safety (the dealer may charge a "reasonable" amount for the inspection).
If the consumer still wants to buy the car, knowing it is considered "unsafe," the dealer may sell the car but must list the safety defects for the buyer along with a notice stating:
This motor vehicle will not pass a New Hampshire inspection and is unsafe for operation. The following defects must be corrected before an inspection sticker will be issued.
EXAMPLE: Bondough's Best, a used car dealer, receives a used Porcine Troughmaster in trade. While getting it ready for resale, Clyde Bondough notices that the Troughmaster's frame and exhaust pipes are rusted through. Harvey Parsley comes to the lot the next day and says "Porcines are the best! I especially love the Troughmaster." Before Bondough's can sell Harvey the Troughmaster, it must tell him that the car probably will not pass a state safety inspection, and offer him a chance to get the car inspected. Harvey may still buy the Troughmaster if he gets a list of all the items that did not pass inspection and the warning stated in the text.
Any violation of RSA 358-F is considered to be an unfair and deceptive trade practice which triggers certain rights and remedies under the New Hampshire Consumer Protection Act.
RSA 266:8 also gives the used car buyer protective rights. When a dealer licensed by the New Hampshire Department of Safety finds that a car will not pass the state safety inspection, the dealer must:
* destroy the inspection sticker on the car;
* fill out a form distributed by the Department of Safety;
* have the buyer sign the form to acknowledge that the buyer is aware the car will not pass inspection; and
* provide the buyer and the Department with a copy of the form, and keep a copy of the form in the dealer's files.
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http://doj.nh.gov/consumer/sourcebook/autos_used.html
