Buying A Car
Car-Buying Terms You Need To Know Before You Shop
Around
Information is the key to a successful new
car-buying experience. By understanding the following terms, you’ll be in a
better negotiating position when you visit the dealer.
Invoice Price
The invoice price is how much the dealer paid the
manufacturer for the vehicle. It is usually higher than the dealer's final cost.
That's because dealers often receive rebates, allowances, discounts, and
incentive awards. The invoice price always includes freight (also known as
destination and delivery charges). If you are buying a car based on the invoice
price (for example, "at invoice," "$100 below invoice," "two percent above
invoice"), be sure freight is not added to the sales contract.
Base Price
The cost of the car without options, but does
include standard equipment and factory warranty. This price is printed on the
Monroney sticker (see below).
Monroney Sticker Price
This is the label attached to the vehicle's side
window. It is required by federal law and may not be removed by anyone other
than the purchaser. It lists the base price; the manufacturer's installed
options with the manufacturer's suggested retail price, the manufacturer's
transportation charge, and the fuel economy (mileage).
Dealer Sticker Price
It is usually on a separate sticker and includes
the Monroney sticker price, plus the suggested retail price of dealer-installed
options, such as Additional Dealer Mark-up (ADM) or Additional Dealer Profit
(ADP), dealer preparation, and undercoating.
Buyer’s Guide
The Federal Trade Commission's (FTC) has a Used Car
Rule that requires dealers to post a Buyers Guide on every used car they offer
for sale. It is usually posted on the window. This includes light-duty vans,
light-duty trucks, demonstrators, and program cars. The guide includes details
about the vehicle, including whether or not it includes a warranty.
Other Tips
When negotiating, remember that the dealer's profit
margin is generally between 10 to 20 percent. Don't discuss the possibility of a
trade-in until you negotiate the best possible price for your new vehicle. And
if the dealer tries to sell you a service contract, always compare it with the
manufacturer's warranty. You don’t want to pay extra for coverage that's already
included.
This information was compiled from Internet,
credit union, government, or other sources.
All About Used Car Warranties
The Federal Trade Commission (FTC) has a Used Car
Rule that requires dealers to post a Buyers Guide in every used car they offer
for sale. This includes light-duty vans, light-duty trucks, demonstrators, and
program cars.
Demonstrators are new cars that have not been
owned, leased or used as rentals, but driven by dealer staff. Program cars are
low-mileage, current-model-year vehicles returned from short-term leases or
rentals. The Guide does not have to be posted on motorcycles and most
recreational vehicles, nor is it required for anyone who sells less than six
cars a year. Here’s what the Buyers Guide must tell you:
- Whether the vehicle is being sold "as is" or
with a warranty;
- What percentage of the repair costs a dealer
will pay under the warranty;
- The 14 major mechanical and electrical
systems on the car, including some of the major problems you should look out
for; and
- That spoken promises are difficult to
enforce;
- To get all promises in writing;
- To keep the Buyers Guide for reference after
the sale;
- To ask to have the car inspected by an independent
mechanic before you buy.
When you buy a used car from a dealer, be sure to
get the original Buyers Guide that was posted in the vehicle or a copy. The
Guide must include any warranty changes you’ve negotiated. It also becomes part
of your sales contract and overrides any contrary provisions. For example, if
the Buyers Guide says the car comes with a warranty and the contract says the
car is sold "as is," the dealer must give you the warranty described in the
Guide.
As Is-No Warranty –
When the dealer offers a vehicle "as is," the
box on the Buyers Guide must be checked. If the box is checked but the dealer
promises to repair the vehicle or cancel the sale if you're not satisfied, make
sure the promise is written on the Buyers Guide. Some states, including
Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New
Jersey, New York, Rhode Island, Vermont, West Virginia, and the District of
Columbia, don't allow "as is" sales for many used vehicles.
Three states - Louisiana, New Hampshire, and
Washington require different disclosures than those on the Buyers Guide. If the
dealer fails to provide proper state disclosures, the sale is not "as is."
Implied Warranties –
State laws hold dealers responsible if cars
they sell don't meet reasonable quality standards. These obligations are called
implied warranties – unspoken and unwritten promises from the seller to
the buyer. However, dealers in most states can use the words "as is" or "with
all faults" in a written notice to eliminate implied warranties. There is no
specified time period for an implied warranty.
The most common type of implied warranty is
the warranty of merchantability. The seller promises that the product
offered for sale will do what it's supposed to. That a car will run is an
example of a warranty of merchantability. This promise applies to the basic
functions of a car. It does not cover everything that could go wrong.
Breakdowns and other problems after the sale don't
prove the seller breached the warranty of merchantability. A breach
occurs only when you can prove that a defect existed at the time of sale. A
problem after the sale may be the result of a defect that existed at the time of
sale or not. As a result, a dealer's liability is judged case-by-case.
Warranty of Fitness for a
Particular Purpose – A warranty of
fitness for a particular purpose applies when you buy a vehicle based on the
dealer's advice that it is suitable for a particular use. For example, a dealer
who suggests you buy a specific vehicle for hauling a trailer is, in effect,
promising that the vehicle will be suitable for that purpose.
If you have a written warranty that doesn't cover
your problems, you still may have coverage through an implied warranty.
That's because when a dealer sells a vehicle with a written warranty or service
contract, implied warranties are included automatically. The dealer can't delete
this protection. Any limit on an implied warranty's time must be included on the
written warranty.
The "Implied Warranties Only" disclosure should
appear on the Buyers Guide if the dealer decides to sell a vehicle with implied
warranties and no written warranty. Dealers who offer a written warranty must
complete the warranty section of the Buyers Guide. Because terms and conditions
vary, it may be useful to compare and negotiate coverage.
Dealers may offer a full
or limited warranty on all or some of a vehicle's systems or components. Most
used car warranties are limited and their coverage varies. Some parts or systems
may be covered by a full warranty and others by a limited warranty. A full
warranty includes the
following terms and conditions.
- Anyone who owns the vehicle during the
warranty period is entitled to warranty service.
- Warranty service will be provided free of
charge, including such costs as removing and reinstalling a covered system.
- If after a reasonable number of tries, the
dealer cannot repair the vehicle or a covered system, you have the choice of a
replacement or a full refund.
- You only have to tell the dealer that
warranty service is needed in order to get it, unless the dealer can prove that
it is reasonable to require you to do more.
- Implied warranties have no time limits.
- If any of these statements don't apply, the
warranty is limited.
- The dealer must check the appropriate box on
the Buyers Guide to indicate whether the warranty is full or limited, and the
dealer must include the following information in the "Warranty" section.
- Percentage of the repair cost that the dealer will
pay.
- Specific parts and systems that are covered
by the warranty.
- The warranty term for each covered system.
You also have the right to see a copy of the
dealer's warranty before you buy. The warranty gives detailed information about
what is covered. It also tells who is legally responsible to fulfill the terms
of the warranty. Make sure you receive a copy of the warranty document if you
buy the car.
Unexpired Manufacturer's
Warranties – If the manufacturer's
warranty is still in effect, the dealer may include it in the "systems
covered/duration" section of the Buyers Guide. To make sure you can take
advantage of the coverage, ask the dealer for the warranty documents. Verify
what's covered – expiration date/miles, necessary paperwork – by calling
the manufacturer's zone office. Make sure you have the Vehicle Identification
Number (VIN) handy.
Service Contract
– The dealer must check the appropriate box
on the Buyers Guide if a service contract is offered, except in states where service contracts
are regulated by insurance laws.
If the Guide doesn't include a service contract
reference and you're interested in buying one, ask the salesperson. Like a
warranty, a service contract provides repair and/or maintenance for a specific
period. However, warranties are included in the price of the vehicle, while
service contracts cost extra and are sold separately.
If you buy a service contract within 90 days of
buying a used vehicle, federal law prohibits the dealer from eliminating implied
warranties on the systems covered in the contract. For example, if you buy a car
"as is," the car normally is not covered by implied warranties. But if you buy a
service contract covering the engine, you automatically get implied warranties
on the engine. These may give you protection beyond the scope of the service
contract. Make sure you get written confirmation that your service contract is
in effect.
Remember that the Buyers Guide cautions you not to
rely on spoken promises. They are difficult to enforce. Get all dealer promises
written into the Buyers Guide.
The back of the Buyers Guide lists the name and address of the dealership. It
also gives the name and telephone number of the person you should contact at the
dealership if you have problems or complaints after the sale.
The dealer may include a buyer's signature line
at the bottom of the Buyers Guide, but it’s optional. If it is included, the
following statement must be written or printed close to it: "I hereby
acknowledge receipt of the Buyers Guide at the closing of this sale." Your
signature means you received the Buyers Guide at closing. It does not mean that
the dealer complied with the Rule's other requirements, such as posting a Buyers
Guide in all the vehicles offered for sale.
If you buy a used car and the sales discussion is
conducted in Spanish, you are entitled to see and keep a Spanish-language
version of the Buyers Guide.
Source:
Federal Trade Commission. The FTC works for the consumer to prevent fraudulent,
deceptive and unfair business practices in the marketplace. To file a complaint
or to get free information on consumer issues, visit www.ftc.gov or call
toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261.