California
Car Buyers Bill of Rights
(cont'd)
• Certified car prohibitions
Prohibits the sale of many types of problem vehicles as “certified”
cars. Makes it a misdemeanor to advertise or sell lemon law buybacks, odometer
rollbacks, improperly repaired rebuilt wrecks, or vehicles with frame damage
as “certified.” Forbids selling vehicles as “certified”
if the seller has disclaimed the warranty of merchantability, or is selling
the vehicle “as is,” generally meaning the buyer accepts all its
faults and is liable for paying for any repairs.
• Cap on dealer markups
Dealers will be prohibited from accepting more than 2.5 % in kickbacks on
auto loans up to 60 months, or 2% for longer loans. This is aimed at curbing
the worst predatory and discriminatory auto lending practices.
• Disclosure of credit score
Dealers will be required to provide car buyers who apply for a loan with the
dealership’s assistance with a copy of their credit score. This is intended
to make it easier for buyers to avoid being scammed by unscrupulous finance
and insurance managers, who have been misleading purchasers about their creditworthiness.
Most managers get a commission based on the amount of interest the consumer
is charged.
• Disclosure of items commonly “packed” into auto
loans
Dealers will be required to disclose, in writing, the price to purchase many
expensive items commonly hidden in the monthly payment, inflating the amount
car buyers pay. The items include “theft etch,” extended service
contracts, “GAP” insurance, clear coat, and fabric protection.
• Prohibition on “loan packing”
The practice of adding hidden charges without the buyer’s knowledge
and consent is prohibited.
To read the legislation, or check out the official analyses and votes, visit
the California Assembly website, at http://www.assembly.ca.gov/acs/acsframeset2text.htm
and enter the bill number, AB 68.
