March 18, 2009
Consumer advocates criticize no-warranty used-car sales bill
Opponents of House legislation outnumber supporters at hearing
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A man bought an old van, and the transmission failed three days later. The car dealer repossessed the van and sold it to another unsuspecting customer.

After a test drive, a single mother bought a used car. The day she took it home, the car wouldn't even make it up the hill to her house.

At a public hearing at the Capitol on Tuesday, consumer advocates said stories like that are why they oppose a bill introduced last month in the House of Delegates.

The legislation (HB2667) would let dealers sell a vehicle without a warranty if the vehicle is at least 7 years old, or has at least 75,000 miles on it. The dealer wouldn't have to pay for any repairs.

"If you pass the bill, the car would not have to operate properly the day it is purchased," lawyer David McMahon told members of the House Roads and Transportation Committee.

Complaints about automobiles are the second-most common type of complaint received by the state Attorney General's consumer protection division, Deputy Attorney General Jill Miles told the committee.

The bill is "targeted at the most unfortunate among us," Miles said, referring to people who must spend their last dollar on a used vehicle so they can get to work or to their doctor's appointments.

Based on the average age of vehicles on the road, "over half the vehicles currently being driven on West Virginia roads would be subject to this legislation" Miles said.

Bill sponsor Delegate Greg Butcher, D-Logan, told his colleagues he knew they'd hear tales of "some little old lady getting swindled by a car dealer."

"None of us here in the Capitol wouldn't want to take care of a little old lady, or a young little lady," he said.

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Posted By: wvconsumer (8:51am 03-18-2009)
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FYI - cars without warranties are being sold in our border states - KY, VA, OH - the states are collecting the tax on the sales and consumers from WV who can not afford a vehicle that has a warranty are crossing the borders to purchase these vehicles. The only reason that the "consumer advocates" = ATTORNEYS don't want these vehicles sold in WV is due to their personal interests - no warranty = no dealer to sue!! WV true to form, a judicial Hell *@#&!%$. One point that this article fails to mention is that the vehicles would have to pass a state inspection BEFORE the vehicles can be sold in addition to the dealer being required to disclose any known problems which means "the little old lady" would be informed as to the condition on the vehicle prior to agreeing to purchase said vehicle. Rather than doing something to not only help those who need this type of low cost vehicle and boosting business in WV, again we send our money and people out of WV in order to keep the attorneys happy!

Posted By: Way2Old (8:48am 03-18-2009)
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WV also has the Uniform Commercial Code. The UCC contains implied and explicit warranties and buyer protections that apply to any goods sold in the State. Perhaps it's time to remind used car dealers of the law. LOL, it's ALWAYS time to remind used car dealers of the law.

Posted By: loghut (1:48am 03-18-2009)
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No way should a bill like that be passed. I think everyone who buys from a dealer should have at least a limited 30 day or 1,000 mile protection warranty.

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