OFFICIAL PUBLICATION OF THE MISSISSIPPI AUTOMOBILE DEALERS ASSOCIATION

Pub. 2 2024 Issue 4

Good News for Dealers

Attorney General Approves FTC Buyers Guide for “As Is” Sales

At the request of MADA, Attorney General Lynn Fitch has approved the use of the FTC Buyers Guide for sales where the vehicle is sold “As Is.” This simplifies the paperwork for dealers. 

Conditions for “As Is” Sales: Mississippi law permits vehicles to be sold “As Is” only if the car is more than 6 years old or has over 75,000 miles.

Why Is This Needed?

Under Section 75-2-316, Mississippi Code of 1972, Annotated, the dealership is required to give notice of an “As Is” sale on a form prescribed by the Attorney General. 

This form is called a “Notice of Exclusion or Modification of Implied Warranty.” Additionally, the dealership must fully explain to the purchaser that there is no warranty being provided on the vehicle. As you are aware, previous administrations had a different form than the FTC Buyers Guide.

Streamlining Forms: The Attorney General’s office agreed that requiring two separate forms — the state-specific one and the FTC Buyers Guide — was confusing. Therefore, the FTC Buyers Guide alone must now be used.

Signature Requirement: The buyer must sign the FTC Buyers Guide in the designated area to acknowledge the sale conditions.

Obtaining the Form: Dealerships can obtain the appropriate FTC Buyers Guide with a signature line from Reynolds and Reynolds, MADA’s endorsed form provider, by calling (800) 344-0996 (Form BG30117).

This decision aims to reduce confusion and streamline the sales process for both dealers and customers. 

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