C.F.R. » Title 16 » CHAPTER I—FEDERAL TRADE COMMISSION › SUBCHAPTER D—TRADE REGULATION RULES › PART 455—USED MOTOR VEHICLE TRADE REGULATION RULE

16 C.F.R. § 455.2

Consumer sales—window form

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(a) General duty. Before you offer a used vehicle for sale to a consumer, you must prepare, fill in as applicable and display on that vehicle the applicable “Buyers Guide” illustrated by Figures 1-2 at the end of this part. Dealers may use remaining stocks of the version of the Buyers Guide in effect prior to the effective date of this Rule for up to one year after that effective date (i.e., until January 27, 2018). Dealers who opt to use their existing stock and choose to disclose the applicability of a non-dealer warranty, must add the following as applicable below the “Full/Limited Warranty” disclosure: “Manufacturer's Warranty still applies. The manufacturer's original warranty has not expired on the vehicle;” “Manufacturer's Used Vehicle Warranty Applies;” or “Other Used Vehicle Warranty Applies,” followed by the statement, “Ask the dealer for a copy of the warranty document and an explanation of warranty coverage, exclusions, and repair obligations.”

(1) The Buyers Guide shall be displayed prominently and conspicuously in any location on a vehicle and in such a fashion that both sides are readily readable. You may remove the form temporarily from the vehicle during any test drive, but you must return it as soon as the test drive is over.

(2) The capitalization, punctuation and wording of all items, headings, and text on the form must be exactly as required by this Rule. The entire form must be printed in 100% black ink on a white stock no smaller than 11 inches high by 7 1/4 inches wide in the type styles, sizes and format indicated. When filling out the form, follow the directions in paragraphs (b) through (f) of this section and § 455.4.

(b) Warranties—(1) No Implied Warranty—“As Is”/No Dealer Warranty. (i) If you offer the vehicle without any implied warranty, i.e., “as is,” mark the box appearing in Figure 1. If you offer the vehicle with implied warranties only, substitute the IMPLIED WARRANTIES ONLY disclosure specified in paragraph (b)(1)(ii) of this section, and mark the IMPLIED WARRANTIES ONLY box illustrated by Figure 2. If you first offer the vehicle “as is” or with implied warranties only but then sell it with a warranty, cross out the “As Is—No Dealer Warranty” or “Implied Warranties Only” disclosure, and fill in the warranty terms in accordance with paragraph (b)(2) of this section.

(ii) If your State law limits or prohibits “as is” sales of vehicles, that State law overrides this part and this rule does not give you the right to sell “as is.” In such States, the heading “As Is—No Dealer Warranty” and the paragraph immediately accompanying that phrase must be deleted from the form, and the following heading and paragraph must be substituted as illustrated in the Buyers Guide in Figure 2. If you sell vehicles in States that permit “as is” sales, but you choose to offer implied warranties only, you must also use the following disclosure instead of “As Is—No Dealer Warranty” as illustrated by the Buyers Guide in Figure 2. See § 455.5 for the Spanish version of this disclosure.

IMPLIED WARRANTIES ONLY

The dealer doesn't make any promises to fix things that need repair when you buy the vehicle or afterward. But implied warranties under your state's laws may give you some rights to have the dealer take care of serious problems that were not apparent when you bought the vehicle.

(2) Full/Limited Warranty. If you offer the vehicle with a warranty, briefly describe the warranty terms in the space provided. This description must include the following warranty information:

(i) Whether the warranty offered is “Full” or “Limited.” Mark the box next to the appropriate designation. A “Full” warranty is defined by the Federal Minimum Standards for Warranty set forth in section 104 of the Magnuson-Moss Act, 15 U.S.C. 2304 (1975). The Magnuson-Moss Act does not apply to vehicles manufactured before July 4, 1975. Therefore, if you choose not to designate “Full” or “Limited” for such vehicles, cross out both designations, leaving only “Warranty.”

(ii) Which of the specific systems are covered (for example, “engine, transmission, differential”). You cannot use shorthand, such as “drive train” or “power train” for covered systems.

(iii) The duration (for example, “30 days or 1,000 miles, whichever occurs first”).

(iv) The percentage of the repair cost paid by you (for example, “The dealer will pay 100% of the labor and 100% of the parts.”)

(v) You may, but are not required to, disclose that a warranty from a source other than the dealer applies to the vehicle. If you choose to disclose the applicability of a non-dealer warranty, mark the applicable box or boxes beneath “NON-DEALER WARRANTIES FOR THIS VEHICLE” to indicate: “MANUFACTURER'S WARRANTY STILL APPLIES. The manufacturer's original warranty has not expired on some components of the vehicle,” “MANUFACTURER'S USED VEHICLE WARRANTY APPLIES,” and/or “OTHER USED VEHICLE WARRANTY APPLIES.”

If, following negotiations, you and the buyer agree to changes in the warranty coverage, mark the changes on the form, as appropriate. If you first offer the vehicle with a warranty, but then sell it without one, cross out the offered warranty and mark either the “As Is—No Dealer Warranty” box or the “Implied Warranties Only” box, as appropriate.

(3) Service contracts. If you make a service contract available on the vehicle, you must add the following heading and paragraph below the Non-Dealer Warranties Section and mark the box labeled “Service Contract,” unless offering such service contract is “the business of insurance” and such business is regulated by State law. See § 455.5 for the Spanish version of this disclosure.

□ SERVICE CONTRACT. A service contract on this vehicle is available for an extra charge. Ask for details about coverage, deductible, price, and exclusions. If you buy a service contract within 90 days of your purchase of this vehicle, implied warranties under your state's laws may give you additional rights.

(c) Name and Address. Put the name and address of your dealership in the space provided. If you do not have a dealership, use the name and address of your place of business (for example, your service station) or your own name and home address.

(d) Make, Model, Model Year, VIN. Put the vehicle's make (for example, “Chevrolet”), model (for example, “Corvette”), model year, and Vehicle Identification Number (VIN) in the spaces provided. You may write the dealer stock number in the space provided or you may leave this space blank.

(e) Complaints. In the space provided, put the name and telephone number of the person who should be contacted if any complaints arise after sale.

(f) Optional Signature Line. In the space provided for the name of the individual to be contacted in the event of complaints after sale, you may include a signature line for a buyer's signature. If you opt to include a signature line, you must include a disclosure in immediate proximity to the signature line stating: “I hereby acknowledge receipt of the Buyers Guide at the closing of this sale.” You may pre-print this language on the form if you choose.

[49 FR 45725, Nov. 19, 1984, as amended at 60 FR 62205, Dec. 5, 1995; 77 FR 73914, Dec. 12, 2012; 81 FR 81678, Nov. 18, 2016]
Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1989–2024 · leading case: Mitsch v. Gen. Motors Corp., 833 N.E.2d 936 (Ill. App. Ct. 2005).
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Mitsch v. Gen. Motors Corp., 833 N.E.2d 936 (Ill. App. Ct. 2005). · cites it 4× “The Warranty Act and its implementing regulations ( 16 C.F.R. § 455.2 et seq. (2004)) require that before a used vehicle is offered for sale, a seller must prepare, fill in as applicable, and display on the vehicle a “Buyer’s Guide.”
Michelson v. Volkswagen Aktiengesellschaft, 99 N.E.3d 475 (Oh. Ct. App. 8th Dist. Cuyahoga 2018). “…held that an individual consumer cannot bring an Ohio Deceptive Trade Practices Act claim. Dawson at ¶ 21-26. 16 CFR 455.2.”
Currier v. Spencer, 772 S.W.2d 309 (Ark. 1989). · cites it 2× “*311 Under 16 C.F.R. § 455.2 , before a used car dealer offers a used vehicle for sale to a consumer, he must prepare and display on the car a "Buyer's Guide.”
Shumaker v. Hamilton Chevrolet, Inc., 920 N.E.2d 1023 (Ohio Ct. App. 2009). “{¶ 6} The court granted Shumaker partial summary judgment on his second claim, specifically finding that Hamilton “failed to provide their [sic] name and address on the [back of the] Buyer’s Guide as required in 16CFR455.2(c) [sic]” of the FTC rule. Immediately before the jury…”
Leber v. DKD of Davis, Inc., 237 Cal. App. 4th 402 (Cal. Ct. App. 2015). · cites it 2× “) compelling the use of the Buyer’s Guide and governing its terms ( 16 C.F.R. §455.2 (2015)), appear to provide that a dealer “may” reference the existence of a continuing manufacturer’s warranty, they do not appear to compel the dealer to include such information.”
Patton v. McHone, 822 S.W.2d 608 (Tenn. Ct. App. 1991). “See 16 C.F.R. § 455.2 (1991). The implied warranty of merchantability cannot be disclaimed or limited if the seller either gives the buyer a written warranty or enters into a service contract 15 with the buyer within ninety days after the sale.”
Clemons v. Nissan North Am., Inc., 2013 IL App (4th) 120943 (Ill. App. Ct. 2013). “The first guide (see Appendix A) is the required window form (see 16 C.F.R. § 455.2 (2012)) and contains two large headings reading “AS IS–No Warranty” and “Warranty.”
Jones v. Credit Auto Ctr., Inc., 237 Cal. App. Supp. 4th 1 (Cal. App. Dep’t Super. Ct. 2015). “(See 16 C.F.R. § 455.2 (b) (2015) [used car dealer indicates a vehicle is sold with a warranty by marking the “Warranty” box in the Buyers Guide].”
Martinez v. Prestige Imports, Inc., 2024 IL App (2d) 240121 (Ill. App. Ct. 2024). “The guide, which is a fill-in-the-blank form promulgated under the Code of Federal Regulations (Code) ( 16 C.F.R. § 455.2 (2017)), included checkboxes for the seller to indicate whether any “warranties for this vehicle” included “implied warranties only” or a “dealer warranty.”
Tague v. Autobarn Motors, Ltd., 914 N.E.2d 710 (Ill. App. Ct. 2009). “See 16 CFR § 455.2 (b)(3) (2004). The Buyers guide in this case conspicuously provided: "[x] Service Contract.”
Curtis v. Bill Byrd Auto., Inc., 579 So. 2d 590 (Ala. 1991). “See 16 C.F.R. § 455.2 , "Consumer Sales—Window Form," which specifies the size of the form, the size of the print on the form, etc.”
Tuckish v. Pompano Motor Co., 337 F. Supp. 2d 1313 (S.D. Fla. 2004). “See 16 C.F.R. §§ 455.2 (a) and 455.3. Mr. Tuckish alleges that at the time of the purchase of the vehicle by Mr.”
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— 16 C.F.R. § 455.2(c) — 1 case
Shumaker v. Hamilton Chevrolet, Inc., 920 N.E.2d 1023 (Ohio Ct. App. 2009). “{¶ 6} The court granted Shumaker partial summary judgment on his second claim, specifically finding that Hamilton “failed to provide their [sic] name and address on the [back of the] Buyer’s Guide as required in 16CFR455.2(c) [sic]” of the FTC rule. Immediately before the jury…”
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