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Vermont – Statute Title 9, §4170

Vehicles Covered:

Purchasers, transferees during express warranty period or any persons entitled to enforce the warranty: Excludes government entities and businesses with three or more vehicles.

Persons Covered:

Purchasers, lessees, transferees during express warranty period or any persons entitled to enforce the warranty.

Period Covered:

Term of express warranty or written warranties.

Notice Requirement:

(a) Manufacturer – provide form at the time vehicle is delivered, itemized statement of repair work, and must display consumer rights; (b) Consumer – notify the manufacturer in writing on form provided by manufacturer after the third repair attempt or out of service for 30 days.

Repair Requirements:

It is presumed that a reasonable number of attempts have been made if the same nonconformity has been subjected to three or more repairs, or the vehicle is out of service for a cumulative total of 30 or more calendar days. The first repair attempt must be within the express warranty period.

Affirmative Defenses:

The nonconformity does not substantially impair the use, market value or safety of the vehicle, or is the result of abuse, neglect, or any unauthorized modifications or alterations.

Replacement/Refund:

At the consumer's option within 30 days, the manufacturer shall replace with a new vehicle of comparable worth, or refund the full purchase price less a reasonable allowance (defined).

Other Reimbursement:

Credits, allowances, fees, charges and incidental and consequential damages; refunds to the consumer and lien holder (file purchase, use tax refund with the Commissioner).

Other remedies:

A consumer cannot pursue a remedy under this chapter if it has discontinued payment due to the manufacturer's breach. The manufacturer's failure to comply with this statute is an unfair or deceptive act or practice.

Arbitration:

For remedies under this section, a consumer must notify the manufacturer if elects to use an arbitration procedure, either through the manufacturer's dispute mechanism or through the Vermont Motor Vehicle Arbitration Board.

Dealer Liability:

None

Resale of Lemon:

Full disclosure required.