Subdiv 2Notices and form of contract

Subdivision 2—Notices and form of contract 16—Notices to be displayed (1) A dealer must not offer a second-hand vehicle for sale unless a notice in the prescribed form containing the required particulars and statements relating to the vehicle is attached to the vehicle. (2) For the purposes of subsection (1), a vehicle owned by a dealer and located in a part of the dealer's premises in which other vehicles are exposed for sale will be regarded as being exposed for sale by the dealer unless a notice is attached to the vehicle in a prominent position advising that the vehicle is not for sale. (3) For the purposes of subsection (1), the required particulars and statements relating to a vehicle are— (a) the name in which the dealer is licensed and business address of the dealer; and (b) unless the dealer is offering the vehicle for sale on behalf of another dealer, a statement— (i) that the dealer will be liable to discharge the duty to repair under Part 4; or (ii) if there is no duty to repair under Part 4—that there is no duty to repair the vehicle; and (c) if the dealer is offering the vehicle for sale on behalf of another dealer— (i) the name in which the other dealer is licensed and business address of the other dealer; and (ii) a statement— (A) that the other dealer will be liable to discharge the duty to repair under Part 4; or (B) if there is no duty to repair under Part 4—that there is no duty to repair the vehicle; and (d) a statement that the name and address of the last owner of the vehicle who was not a dealer are available on request from the dealer; and (e) if the owner referred to in paragraph (d) carried on a vehicle leasing business and let the vehicle on hire to another person under a vehicle leasing agreement—a statement that the other person's name and address are available on request from the dealer; and (f) the price at which the vehicle (in the condition in which it is offered for sale) may be purchased for cash, including any fees and charges payable to the dealer (except prescribed fees and charges); and (g) the vehicle's year of manufacture (as determined by the regulations); and (h) the vehicle's year of first registration; and (i) the vehicle's manufacturer and model designation; and (j) if the vehicle is registered—the vehicle's registration number; and (k) if the vehicle is not registered—the vehicle's engine number; and (l) if the vehicle is equipped with an odometer— (i) the reading of the odometer at the time the vehicle was acquired from the last owner of the vehicle who was not a dealer; and (ii) — (A) if it is more likely than not that the reading of the odometer is a reasonably accurate measure of the distance travelled by the vehicle—a statement that the odometer reading may be regarded as reasonably accurate; or (B) if that is not the case—the statement required by the regulations; and (m) such other particulars and statements as are prescribed. (4) In proceedings for an offence relating to a failure to include in a notice all the particulars and statements required under this section or the inclusion of any incorrect particulars or statement, it is a defence to prove that the defendant, having made reasonable inquiries and a proper examination of the vehicle, complied with the requirements of the subsection to the best of the defendant's knowledge, information and belief. (5) The dealer must, on request by a potential purchaser, disclose the name and address of the last owner (or lessee) of the vehicle to the potential purchaser before a contract is made for the purchase of the vehicle. (6) A dealer must not, in an advertisement published in connection with the sale of a second-hand vehicle, refer directly or indirectly to the odometer reading of the vehicle or the distance travelled by the vehicle unless a notice is attached to the vehicle under this section and the notice contains a statement by the dealer that the odometer reading of the vehicle may be regarded as reasonably accurate. (7) A person from whom a dealer acquires ownership of a second-hand vehicle or on whose behalf a dealer is selling a second-hand vehicle must not give the dealer any information as to any of the matters referred to in subsection (3) that is, to that person's knowledge, false or misleading in a material particular. Maximum penalty: $2 500. 17—Form of contract (1) A contract for the sale of a second-hand vehicle by a dealer must— (a) be in writing; and (b) be comprised in one document; and (c) be signed by the parties to the sale; and (d) contain the following information set out in the prescribed manner: (i) the name in which the dealer is licensed and the business address of the dealer; and (ii) a brief description or identification of the vehicle; and (iia) if the contract is subject to a cooling‑off period— (A) when the cooling‑off period will expire; and (B) prescribed information about the rights and obligations of the parties to the sale under Subdivision 3; and (iii) if the vehicle is registered—the vehicle's registration number; and (iv) if the vehicle is not registered—the vehicle's engine number; and (v) the price for which the vehicle is being sold and the amount of any other fees and charges payable by the purchaser (being fees or charges payable to the dealer or of a kind prescribed by regulation) together with a description of each such fee or charge; and (vi) if all or part of the consideration passing from the purchaser is represented by a vehicle or other thing—the monetary value ascribed to that vehicle or thing; and (vii) if a place has been agreed on as the place at which the vehicle may be delivered for the purpose of repair under Part 4—the address of the agreed place; and (viii) if a place has not been agreed on as the place at which the vehicle may be delivered for the purpose of repair under Part 4—a statement that the vehicle may be delivered to any business premises of the dealer for that purpose; and (ix) such other particulars as are prescribed; and (e) contain a statement to the effect that a purported exclusion, limitation, modification or waiver of the rights conferred by this Act is void unless expressly provided for by this Act. (1a) Without limiting subsection (1), nothing in that subsection prevents a dealer from including such other information as the dealer thinks fit in a contract for the sale of a second‑hand vehicle by the dealer. (2) If a contract for the sale of a second-hand vehicle by a dealer is not in writing signed by the parties, the contract is not enforceable against the purchaser. (3) If a contract for the sale of second-hand vehicle by a dealer does not comply with subsection (1), the dealer is guilty of an offence. (4) The dealer must ensure that the document intended to constitute the contract is not submitted to the purchaser for signature unless— (a) it contains all the material terms of the contract including the particulars required under this section; and (b) if the document is not to be signed by the parties in each other's presence—a copy of the document is at the same time given to the purchaser for retention. (5) If the parties sign the contract document in each other's presence, the dealer must ensure that a copy of the signed document is immediately given to the purchaser for retention. (6) If a party signs the contract document when not in the presence of the purchaser, the dealer must ensure that a copy of the signed document is, within seven days, given or sent to the purchaser for retention. (7) This section does not apply to the sale of a second-hand vehicle negotiated by an auctioneer immediately after the conduct of an auction for the sale of the vehicle unless the sale is made on the auctioneer's own behalf or on behalf of another person who is a dealer. 18—Notices to be provided to purchasers of second-hand vehicles On the sale of a second-hand vehicle by a dealer, the dealer must ensure that— (a) a copy of the notice that was required to be attached to the vehicle under section 16; and (b) a notice in the prescribed form, are given to the purchaser for retention before the purchaser takes possession of the vehicle.