Used Vehicle Dealer Repurchases

(1) Any dealer that wishes to exercise its option to repurchase a vehicle pursuant to M.G.L. c. 90, § 7N¼(3)(A)(iv) must provide the consumer with an offer to do so in writing setting forth the total amount offered, which shall be the full repurchase amount as set forth in 201 CMR 11.11(11), and must itemize the offer. (2) The consumer is free to reject the dealer’s offer to repurchase the vehicle. If the consumer rejects an offer that is for the full repurchase amount and the offer otherwise complies with M.G.L. c. 90, § 7N¼ and 201 CMR 11.02, the consumer will not be entitled to further M.G.L. c. 90, § 7N¼ warranty repairs. (3) If the consumer rejects an offer that is for less than the full repurchase amount, or that is otherwise not in compliance with 201 CMR 11.19, the consumer will remain entitled to warranty repairs. (4) If an offer is open only for a limited period of time, the dealer shall state in the offer that the time limit is good for at least five business days after the consumer receives the offer, subject to the provisions of 201 CMR 11.19(6). (5) If a consumer accepts a repurchase offer, the dealer shall pay the consumer the full amount of the offer immediately upon receipt of the title to the vehicle. The consumer and the dealer shall cooperate witheachother to execute all necessary documents in order to clear the title of any encumbrances. If necessary to clear the title, the dealer shall pay some or all of the repurchase amount to the lien holder. (6) If there is a dispute as to whether the offer is for the full repurchase amount, either party may request a determination by the OCABR as to the full repurchase amount. If either party requests such a determination, the offer shall remain open until one business day after the parties receive notice of the OCABR’s determination. If the OCABR determines that the full repurchase amount is higher than that offered by the dealer, the dealer shall have the option of either offering the full repurchase amount as determined by the OCABR or withdrawing the offer. If the dealer withdraws the offer, the consumer shall remain entitled to M.G.L c. 90, § 7N¼ warranty repairs and to arbitration if otherwise eligible.