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03 LC 29 0923S
House Bill 94 (COMMITTEE
SUBSTITUTE)
By: Representatives Oliver of the 56th, Post 2, and Thompson of the 69th, Post 1
By: Representatives Oliver of the 56th, Post 2, and Thompson of the 69th, Post 1
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of
the Official Code of Georgia Annotated, known as the "Fair Business Practices
Act of 1975," so as to place conditions and limitations on spot deliveries; to
define the term "spot delivery"; to provide for remedies under certain
conditions; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Part 2 of Article 15 of Chapter 1 of Title 10 of the
Official Code of Georgia Annotated, known as the "Fair Business Practices Act of
1975," is amended by adding following Code Section 10-1-393.7, relating to
solicitation during final illness and penalty, a new Code Section 10-1-393.8 to
read as
follows:
"10-1-393.8.
(a) For purposes of this Code section, the term 'spot delivery' means the placement of a motor vehicle with the purchaser or lessee while the final sale or lease is pending or subject to rescission because the credit transaction has not been approved or assigned to a financial institution.
(b) If a purchaser or lessee takes possession of a motor vehicle that is the subject of a spot delivery, such delivery shall be subject to the following written conditions:
(1) That if the sale or lease is not concluded by the financing of the sale or lease to the purchaser or lessee within 30 days of the delivery, the sale or lease contract shall be null and void;
(2) That any motor vehicle being offered for trade-in by the purchaser or lessee shall not be sold by the motor vehicle dealer until the conditional sale or lease is complete and that any payment due or that becomes due while the trade-in vehicle is in the hands of the dealership shall be the sole responsibility of the prospective purchaser or lessee;
(3) That any motor vehicle being offered for trade-in by the purchaser or lessee shall not be repaired or serviced by the motor vehicle dealer until the conditional sale or lease is complete;
(4) That the prospective purchaser or lessee may be required to obtain insurance, including liability insurance, for any damages to the vehicle occurring during the prospective purchaser´s or lessee´s custody of the vehicle;
(5) That the charge to the purchaser or lessee, should the sale or lease not be completed, shall be limited to a maximum charge of $5.00 per day including, but not limited to, mileage charges and that the purchaser or lessee may be charged for unreasonable wear and tear of the vehicle while it is in the prospective purchaser´s or lessee´s custody;
(6) That if the conditional sale is not completed, the motor vehicle dealer shall refund to the purchaser or lessee all sums placed with the dealership as a deposit or for any other purpose associated with the attempted sale or lease of the vehicle less any amounts charged pursuant to paragraph (5) of this subsection and return the trade-in vehicle, if any; and
(7) That the prospective purchaser or lessee shall return the vehicle to the dealership within 48 hours of receipt of notification from the dealer that the conditional sale or lease will not be completed.
(c) For violations of this Code section, subsection (c) of Code Section 10-1-399 shall not apply."
"10-1-393.8.
(a) For purposes of this Code section, the term 'spot delivery' means the placement of a motor vehicle with the purchaser or lessee while the final sale or lease is pending or subject to rescission because the credit transaction has not been approved or assigned to a financial institution.
(b) If a purchaser or lessee takes possession of a motor vehicle that is the subject of a spot delivery, such delivery shall be subject to the following written conditions:
(1) That if the sale or lease is not concluded by the financing of the sale or lease to the purchaser or lessee within 30 days of the delivery, the sale or lease contract shall be null and void;
(2) That any motor vehicle being offered for trade-in by the purchaser or lessee shall not be sold by the motor vehicle dealer until the conditional sale or lease is complete and that any payment due or that becomes due while the trade-in vehicle is in the hands of the dealership shall be the sole responsibility of the prospective purchaser or lessee;
(3) That any motor vehicle being offered for trade-in by the purchaser or lessee shall not be repaired or serviced by the motor vehicle dealer until the conditional sale or lease is complete;
(4) That the prospective purchaser or lessee may be required to obtain insurance, including liability insurance, for any damages to the vehicle occurring during the prospective purchaser´s or lessee´s custody of the vehicle;
(5) That the charge to the purchaser or lessee, should the sale or lease not be completed, shall be limited to a maximum charge of $5.00 per day including, but not limited to, mileage charges and that the purchaser or lessee may be charged for unreasonable wear and tear of the vehicle while it is in the prospective purchaser´s or lessee´s custody;
(6) That if the conditional sale is not completed, the motor vehicle dealer shall refund to the purchaser or lessee all sums placed with the dealership as a deposit or for any other purpose associated with the attempted sale or lease of the vehicle less any amounts charged pursuant to paragraph (5) of this subsection and return the trade-in vehicle, if any; and
(7) That the prospective purchaser or lessee shall return the vehicle to the dealership within 48 hours of receipt of notification from the dealer that the conditional sale or lease will not be completed.
(c) For violations of this Code section, subsection (c) of Code Section 10-1-399 shall not apply."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.