If a dealer sells certain area A/B vehicles and the vehicle fails an emissions test, the dealer must choose one of three remedies and give the buyer written notice before the sale.
49-542.03; Version 1 - Motor vehicle dealer; emissions testing; remedies; definition 49-542.03 . Motor vehicle dealer; emissions testing; remedies; definition (L21, Ch. 27, sec. 4. Conditionally eff. A. In area A or area B, if a motor vehicle dealer sells a motor vehicle that has less than one year remaining before it must undergo an emissions test or has not taken an emissions test pursuant to section 49-542 and that is not covered under a current federal emissions warranty and if the purchaser of the vehicle has the vehicle emissions tested within three days, excluding holidays, of the purchase and if the vehicle fails the test, the dealer shall do one of the following: 1. Rescind the purchase agreement and reimburse the purchaser for the cost of the test. 2. Make repairs at the dealer's expense that bring the vehicle into compliance with the emissions test. 3. Enter into a mutually acceptable alternative agreement with the purchaser. B. A motor vehicle dealer that sells a vehicle subject to subsection A of this section shall provide the purchaser with a written notice of the purchaser's rights pursuant to this section before completing the sale transaction. A motor vehicle dealer that is subject to section 49-546, subsection G shall also provide a written summary of the requirements of section 49-542 to the purchaser. The notice shall be available in English and in Spanish. C. A motor vehicle dealer that meets the requirements of section 49-546, subsection G shall conduct the dealer's business pursuant to this section for those vehicles that are required by law to be registered in area A. D. A motor vehicle dealer in area B that sells a vehicle to a resident of area A may comply with emissions testing requirements pursuant to section 49-542, subsection F, paragraph 5 by complying with this section and the tampering inspection pursuant to section 49-542, subsection G. E. For the purposes of this section, "motor vehicle dealer" means a dealer that is a fleet operator and that has been issued a permit under section 49-546.