Podcast
Questions and Answers
A Washington dealership sells a used car. How long must they maintain records of the sale?
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?
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?
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?
Which of the following is true regarding credit application disclosure requirements in Washington?
What determines the maximum finance charge that can be applied in a retail installment contract in Washington?
What determines the maximum finance charge that can be applied in a retail installment contract in Washington?
Under Washington law, what happens if a telemarketing call recipient asks not to be contacted again?
Under Washington law, what happens if a telemarketing call recipient asks not to be contacted again?
A customer defaults on their retail installment contract in Washington. Under what conditions can the dealership recover attorney's fees?
A customer defaults on their retail installment contract in Washington. Under what conditions can the dealership recover attorney's fees?
What is the statute of limitations for actions related to retail installment contracts in Washington?
What is the statute of limitations for actions related to retail installment contracts in Washington?
Which of the following advertising practices is prohibited for vehicle dealers in Washington?
Which of the following advertising practices is prohibited for vehicle dealers in Washington?
According to the Washington GAP Waiver Act, under what conditions is a borrower entitled to a full refund upon cancellation of the GAP waiver?
According to the Washington GAP Waiver Act, under what conditions is a borrower entitled to a full refund upon cancellation of the GAP waiver?
Flashcards
Record Keeping Duration
Record Keeping Duration
Dealers must keep records of vehicle sales, purchases, or leases for 5 years.
Document Prep Fee Limit
Document Prep Fee Limit
Document preparation fees are allowed if disclosed, but cannot exceed $150.
Retail Installment Disclosure
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
Contract Language
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Maximum Finance Charge
Maximum Finance Charge
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Sales Tax on Leases
Sales Tax on Leases
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Advertising Restrictions
Advertising Restrictions
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Telemarketing Rules
Telemarketing Rules
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Statute of Limitations
Statute of Limitations
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Prepayment Refund
Prepayment Refund
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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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