Section 50-659 - Vehicle dealer's duty to disclose specific facts; failure to disclose creates rebuttable presumption; definitions; deceptive act or practice(a) A vehicle dealer, as defined in K.S.A. 8-2401, and amendments thereto, shall not knowingly or intentionally fail to disclose in writing to the consumer of a motor vehicle the following: (1) The fact that a motor vehicle was used as a driver training motor vehicle, as defined in K.S.A. 72-5015, and amendments thereto;(2) the fact that a motor vehicle was used as a leased or rented motor vehicle; or(3) the fact that a motor vehicle was a factory buyback motor vehicle or returned to a vehicle dealer under the provisions of K.S.A. 50-645, and amendments thereto. Failure of the vehicle dealer to disclose in writing the information in paragraphs (1), (2) and (3) shall create a rebuttable presumption of intent not to disclose such information.
(b) For the purposes of this section:(1) "Motor vehicle" means a motor vehicle which is registered for a gross weight of 12,000 pounds or less, or a farm truck registered for a gross weight of 16,000 pounds or less;(2) "consumer" means the first individual to take title to a motor vehicle, for purposes other than resale, after such vehicle was:(A) Used as a leased or rented motor vehicle;(B) a driver training motor vehicle;(C) repurchased or reacquired by the manufacturer or distributor as a factory buyback motor vehicle; or(D) returned to a vehicle dealer under the provisions of K.S.A. 50-645, and amendments thereto;(3) "leased or rented motor vehicle" does not include a motor vehicle which is leased, loaned or rented by a vehicle dealer to a customer of such dealer while the customer's motor vehicle is being serviced or repaired by such dealer;(4) "factory buyback motor vehicle" means a motor vehicle repurchased or reacquired by the manufacturer or distributor due to an order or judgment by a court of law or formal, informal or mandatory arbitration procedure, and placed for sale through any dealer, auction or agent.(c) Any violation of this section is a deceptive act or practice under the Kansas consumer protection act.(d) This section shall be a part of and supplemental to the Kansas consumer protection act.L. 1988, ch. 54, § 1; L. 1992, ch. 252, § 6; L. 1993, ch. 123, § 1; July 1.