HB327.html

10_1_900.
This article shall be known and may be cited as the 'Used Appliance Warranty Rights Act'.

10_1_901.
As used in this article, the term:
(1) 'Appliance' means a refrigerator, stove, freezer, washing machine, dryer, or other large household appliance.
(2) 'Collateral costs' means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative used appliance.
(3) 'Consumer' means any person who has entered into an agreement or contract for the transfer or purchase of a used appliance primarily for personal, family, or household purposes, regardless of how the documents characterize the transaction.
(4) 'Nonconformity' means a condition or defect that substantially impairs the use, value, or safety of a used appliance which is covered by an express warranty applicable to the used appliance or to a component of the used appliance but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the used appliance by a consumer.
(5) 'Reasonable attempt to repair' means any of the following occurring within the term of an express warranty applicable to a used appliance or within 60 days after first delivery of the used appliance to a consumer, whichever is sooner:
(A) The same nonconformity with the warranty is subject to repair at least once by the used appliance dealer; or
(B) The used appliance is out of service for an aggregate of at least seven days because of warranty nonconformities.
(6) 'Used appliance dealer' means a person who is engaged in the business of purchasing, selling, servicing, exchanging, distributing, or dealing in used appliances.

10_1_902.
A used appliance dealer who sells a used appliance to a consumer shall furnish the consumer with an express written warranty for the used appliance warranting parts and performance. The duration of the express written warranty shall be not less than 60 days after first delivery of the used appliance to the consumer. If a used appliance dealer fails to furnish an express written warranty as required by this Code section, the used appliance shall be covered by an express warranty as if the used appliance dealer had furnished an express written warranty to the consumer as required by this Code section.

10_1_903.
(a) If a used appliance does not conform to an applicable express warranty and the consumer reports the nonconformity to the used appliance dealer and makes the used appliance available for repair before 60 days after first delivery of the used appliance to a consumer, the nonconformity shall be repaired at the used appliance dealer´s expense, including the costs of parts and labor and pick_up and delivery, to correct the nonconformity regardless of whether the repairs are made after the expiration of the warranty rights period. If in any subsequent proceeding it is determined that the consumer´s repair did not qualify under this article and the used appliance dealer was not otherwise obligated to repair the used appliance, the consumer shall be liable to the used appliance dealer for costs of repair.
(b)(1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the used appliance dealer shall carry out the requirements of paragraph (2) of this subsection.
(2) At the direction of the consumer, the used appliance dealer shall do one of the following:
(A) Accept return of the used appliance and replace the used appliance with a comparable used appliance and refund any collateral costs; or
(B) Accept return of the used appliance and refund to the consumer the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use.
(c) To receive a comparable used appliance or a refund due under subsection (b) of this Code section, the consumer shall offer to transfer possession of the used appliance having the nonconformity to the used appliance dealer of that used appliance. No later than 30 days after that offer, the used appliance dealer shall provide the consumer with a comparable new used appliance or a refund. When the used appliance dealer provides the used appliance or refund, the consumer shall return the used appliance having the nonconformity to the used appliance dealer, along with any endorsements necessary to transfer legal possession to the used appliance dealer.
(d) No used appliance returned by a consumer in this state under subsection (b) of this Code section or by a consumer in another state under a similar law of that state may be sold again in this state unless full disclosure of the reasons for return is made to any prospective buyer.

10_1_904.
(a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract.
(b) Any waiver by a consumer of rights under this article is void.
(c) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this article. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorneys´ fees and any equitable relief that the court determines is appropriate."