Washington State Vehicle Sales Regulations

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Questions and Answers

A Washington dealership sells a used car. How long must they maintain records of the sale?

  • 10 years
  • 5 years (correct)
  • 7 years
  • 3 years

What is the maximum document preparation fee a Washington dealership can charge, assuming it is properly disclosed?

  • There is no limit if properly disclosed.
  • $150 (correct)
  • $100
  • $200

According to Washington law, which disclosure must be included in a Retail Installment Contract?

  • The buyer is entitled to a copy of the contract at the time of signing. (correct)
  • The buyer has the right to modify the contract within 30 days.
  • The buyer can cancel the contract within 3 business days.
  • The buyer can return the vehicle within a week for a full refund.

Which of the following is true regarding credit application disclosure requirements in Washington?

<p>Washington does not impose credit application disclosure requirements beyond federal requirements. (A)</p> Signup and view all the answers

What determines the maximum finance charge that can be applied in a retail installment contract in Washington?

<p>The rate agreed to by the involved parties and set out in the contract. (A)</p> Signup and view all the answers

Under Washington law, what happens if a telemarketing call recipient asks not to be contacted again?

<p>The company cannot contact the person for 1 year and cannot share their information with other companies. (B)</p> Signup and view all the answers

A customer defaults on their retail installment contract in Washington. Under what conditions can the dealership recover attorney's fees?

<p>Attorney's fees are permitted if the fee is reasonable and provided for in the contract. (D)</p> Signup and view all the answers

What is the statute of limitations for actions related to retail installment contracts in Washington?

<p>4 years (B)</p> Signup and view all the answers

Which of the following advertising practices is prohibited for vehicle dealers in Washington?

<p>Both B and C (B)</p> Signup and view all the answers

According to the Washington GAP Waiver Act, under what conditions is a borrower entitled to a full refund upon cancellation of the GAP waiver?

<p>The borrower is entitled to a full refund if they cancel within the free look period and no benefits have been provided. (C)</p> Signup and view all the answers

Flashcards

Record Keeping Duration

Dealers must keep records of vehicle sales, purchases, or leases for 5 years.

Document Prep Fee Limit

Document preparation fees are allowed if disclosed, but cannot exceed $150.

Retail Installment Disclosure

Contracts must state if liability insurance is included, warn against signing blank contracts, ensure buyer gets a copy, and explain their right to payoff balance with service charge rebate.

Contract Language

Agreements must be available in English.

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Maximum Finance Charge

What is agreed in contract by both parties.

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Sales Tax on Leases

6.5% on gross monthly lease receipts.

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Advertising Restrictions

Advertising a vehicle below/above cost without the exact cost & must state the limited amounts if there are limited vehicles.

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Telemarketing Rules

The party called does not want to be called again or wants to be removed from the list, you cannot contact for 1 year and cannot sell or give the name to another company

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Statute of Limitations

4 years

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Prepayment Refund

Uneared credit insurance premium.

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Study Notes

  • Dealers must keep records of vehicle sales, purchases, or leases for 5 years.
  • Document preparation fees are allowed but cannot exceed $150, with proper disclosure.

Retail Installment Contract Disclosures

Buyers must be alerted within the contract to:

  • Whether the contract includes liability insurance.
  • Not sign the contract before reading or if it contains blank spaces.
  • The buyer's entitlement to a copy upon signing.
  • The buyer's right to pay off the full unpaid balance and receive a partial service charge rebate.
  • Installment sale and consumer lease agreements must be available in English.
  • Washington State does not have credit application disclosure requirements beyond federal regulations.
  • There isn't a state-specific cosigner notice.
  • The state-imposed maximum finance charge is the rate agreed upon by the parties and set out in the contract.
  • The seller or seller's agent isn't required to sign the contract when the buyer signs.
  • Late charges can be no more than what is agreed to by the parties in the contract.
  • State law doesn't address the late charge grace period.
  • A lien must be released within 10 days after demand.
  • Default judgment attorney fees are permitted if reasonable and provided in the contract.
  • Court costs tied to a default judgment can be passed to the customer if reasonable and specified in the contract.

Sales/Use Taxes on Leases

  • Instead of sales tax on the original sale or lease of a vehicle, sales tax may be imposed on gross monthly lease receipts at a rate of 6.5%.
  • Local sales taxes are added, varying by the county the vehicle was bought in.
  • An additional tax of 0.3% of the retail sale price of each vehicle is collected for the state's Multi-Modal Transportation Account.

Advertising Regulations

Dealers can't:

  • Advertise a new vehicle for sale above or below cost without calculating cost as the exact factory invoice amount for the specific vehicle.
  • Advertise a certain percentage of a vehicle's sale price can be financed when financing isn't offered in a single document evidencing the entire security transaction.
  • Advertise no down payment is required when it is, or that a vehicle can be purchased for a smaller down payment than actually needed.
  • Advertise a special price on a specific model without stating the number available when the dealer has a limited quantity at that price.
  • Under Washington's GAP Waiver Act, GAP waivers must disclose the borrower can cancel within the "free look" period for a full refund if no benefits were provided. If benefits were received, a partial refund may be available per the waiver terms.

Telemarketing

  • If a called party asks not to be contacted again or to be removed from the list, they can not be contacted for 1 year.
  • Additionally, their information can not be sold or given to another company.
  • The statute of limitations is 4 years.
  • Any unearned credit insurance premium must be refunded if someone prepays their installment sales agreement.
  • Consumers don't have the right to cancel insurance sold within an installment agreement.
  • Creditors can force-place property insurance if the consumer fails to provide the required coverage or lets it lapse.
  • When it comes to errors or clerical mistakes in a RISC it does provide for the clerical or bona fide error defense.
  • The state allows for correction of mistakes to avoid civil or criminal penalties in lease agreements.
  • Reliance on rules or interpretations of state law is not a safe harbor.
  • For class action lawsuits involving violations of the act, the court may award damages available under Washington's Consumer Protection Act or the Federal Consumer Leasing Act.

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