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