Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3387 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 815 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3387
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David K. Muradian, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to private sale requirements for used vehicles.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David K. Muradian, Jr.9th Worcester1/17/2023 1 of 3
16	16	HOUSE DOCKET, NO. 815 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3387
18	18	By Representative Muradian of Grafton, a petition (accompanied by bill, House, No. 3387) of
19	19	David K. Muradian, Jr. relative to private sale requirements for used vehicles and requiring that
20	20	the Registry of Motor Vehicles create and maintain an approved bill of sale form for use by
21	21	private sellers. Transportation.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 3551 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to private sale requirements for used vehicles.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 90 of the General Laws, as appearing in the 2012 Official Edition,
33	33	2is hereby amended by inserting after section 7N1/2 the following section:-
34	34	3 Section 7N3/4. (1) For the purposes of this section the following words shall have the
35	35	4following meanings:-
36	36	5 "Buyer," a purchaser other than for purposes of resale, of a motor vehicle, any person to
37	37	6whom such motor vehicle is transferred during the duration of any express or implied warranty
38	38	7applicable to such motor vehicle, and any other person entitled by the terms of such warranty to
39	39	8enforce its obligation, where such vehicle is purchased primarily for personal, family or
40	40	9household purposes. 2 of 3
41	41	10 "Dealer," any person engaged in the business of selling, offering for sale, or negotiating
42	42	11the retail sale of used motor vehicles or selling motor vehicles as broker or agent for another,
43	43	12including the officers, agents and employees of such person and any combination or association
44	44	13of dealers but not including a bank or other financial institution, or the commonwealth, its
45	45	14agencies, bureaus, boards, commissions, authorities, nor any of its political subdivisions. A
46	46	15person shall be deemed to be engaged in the business of selling used motor vehicles if such
47	47	16person has sold more than three used motor vehicles in the preceding twelve months.
48	48	17 "Private seller," any person who is not a dealer and who offers to sell or sells a used
49	49	18motor vehicle to a consumer, but not including a bank or other financial institution, or the
50	50	19commonwealth, its agencies, bureaus, boards, commissions, authorities, nor any of its political
51	51	20subdivisions.
52	52	21 "Purchase price," the total of all payments made for the purchase of the vehicle.
53	53	22 (2) It shall be unfair or deceptive act or practice for a private seller to fail to use an
54	54	23approved bill of sale form for the sale of each motor vehicle sold and to provide a copy of the
55	55	24completed bill of sale form to the to the purchaser at the time of purchase.
56	56	25 (3) The registry of motor vehicles shall create and maintain an approved bill of sale form
57	57	26for use by private sellers. Said form shall be printed, clearly entitled "MOTOR VEHICLE BILL
58	58	27OF SALE FROM" and be posted on the registry's website. Said form shall include:
59	59	28 (a) The name and address of the private seller and the buyer;
60	60	29 (b) The make, model, year and identification or serial numbers of the vehicle purchased;
61	61	30 (c) The odometer reading or actual mileage of the vehicle purchased; 3 of 3
62	62	31 (d) All known defects which impair the vehicle's safety or substantially impair its use;
63	63	32 (e) The purchase price"
64	64	33 (f) The printed name and signature of the private seller and the buyer, both of which shall
65	65	34be notarized; and
66	66	35 (g) The required notarizations.
67	67	36 (4) The secretary of consumer affairs and business regulation shall promulgate rules and
68	68	37regulations to implement this section. Said rules and regulations shall include the wording,
69	69	38format, placement and distribution of the bill of sale form.
70	70	39 (5) Notwithstanding any provisions of the law to the contrary, this section shall not apply
71	71	40to any vehicle sold by a private seller to a purchased for less than $700.
72	72	41 (6) Nothing in this section shall be construed in any way to limit the enforceability of any
73	73	42implied warranties created by law, any rights created by section 7N, 7N1/4 7N1/2 or chapter 93A
74	74	43or any rules and regulations promulgated pursuant thereto, or express warranties given by a
75	75	44private seller in connection with the sale of a vehicle or any other rights or remedies available to
76	76	45consumers under applicable law. Nothing in this section shall be construed as creating any cause
77	77	46of action by a buyer against a private seller under the provisions of this section; provided,
78	78	47however, that in any subsequent action by a buyer under section 7N1/4, the court may take the
79	79	48private seller's failure to use an approved bill of sale form into account when awarding damages.