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Current as of January 01, 2023 | Updated by FindLaw Staff
(a) A vehicle dealer, as defined in K.S.A. 8-2401, and amendments thereto, shall not knowingly or intentionally fail to disclose in writing to the consumer of a motor vehicle the following:
(1) The fact that a motor vehicle was used as a driver training motor vehicle, as defined in K.S.A. 72-5015, and amendments thereto;
(2) the fact that a motor vehicle was used as a leased or rented motor vehicle; or
(3) the fact that a motor vehicle was a factory buyback motor vehicle or returned to a vehicle dealer under the provisions of K.S.A. 50-645, and amendments thereto.
Failure of the vehicle dealer to disclose in writing the information in paragraphs (1), (2) and (3) shall create a rebuttable presumption of intent not to disclose such information.
(b) For the purposes of this section:
(1) “Motor vehicle” means a motor vehicle which is registered for a gross weight of 12,000 pounds or less, or a farm truck registered for a gross weight of 16,000 pounds or less;
(2) “consumer” means the first individual to take title to a motor vehicle, for purposes other than resale, after such vehicle was:
(A) Used as a leased or rented motor vehicle;
(B) a driver training motor vehicle;
(C) repurchased or reacquired by the manufacturer or distributor as a factory buyback motor vehicle; or
(D) returned to a vehicle dealer under the provisions of K.S.A. 50-645, and amendments thereto;
(3) “leased or rented motor vehicle” does not include a motor vehicle which is leased, loaned or rented by a vehicle dealer to a customer of such dealer while the customer's motor vehicle is being serviced or repaired by such dealer;
(4) “factory buyback motor vehicle” means a motor vehicle repurchased or reacquired by the manufacturer or distributor due to an order or judgment by a court of law or formal, informal or mandatory arbitration procedure, and placed for sale through any dealer, auction or agent.
(c) Any violation of this section is a deceptive act or practice under the Kansas consumer protection act.
(d) This section shall be a part of and supplemental to the Kansas consumer protection act.
Cite this article: FindLaw.com - Kansas Statutes Chapter 50. Unfair Trade and Consumer Protection § 50-659. Vehicle dealer's duty to disclose specific facts; failure to disclose creates rebuttable presumption; definitions; deceptive act or practice - last updated January 01, 2023 | https://codes.findlaw.com/ks/chapter-50-unfair-trade-and-consumer-protection/ks-st-sect-50-659/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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