The Buyers Guide is the window sticker that federal rules require many used car dealers to post on every vehicle they offer for sale. It states whether the dealer sells the car "as is" or with a warranty, and the final version becomes part of your sales contract. It is not a vehicle inspection, a condition report or a history report.
Key takeaways
- The FTC's Used Car Rule (16 CFR Part 455) covers anyone who sells or offers a used vehicle after selling or offering five or more in the previous twelve months. The FTC describes this as dealers who sell or offer "more than five" used vehicles in 12 months.
- The front shows one of three warranty outcomes: "As Is - No Dealer Warranty," "Implied Warranties Only," or a Full or Limited dealer warranty with its systems, duration and repair-cost share.
- The information on the final window form is part of the contract and overrides contrary contract terms. Dealers may not make statements that contradict it.
- The Rule does not apply in Maine and Wisconsin, which have their own disclosure rules, and it does not reach people who are not "dealers" as the Rule defines the term.
- A Buyers Guide does not tell you the car's condition. The FTC recommends an independent mechanical inspection and a vehicle history report.
Who has to post a Buyers Guide
The Rule applies to a "dealer," which 16 CFR 455.1(d)(3) defines as a person or business that sells or offers a used vehicle "after selling or offering for sale five (5) or more used vehicles in the previous twelve months." The FTC's dealer guidance puts it as dealers who sell or offer "more than five used vehicles in a 12-month period." Read together, the sixth vehicle sold or offered for sale in a 12-month window is the first one that triggers the sticker. Offers count as well as completed sales.
Several sellers are carved out of the definition: banks and financial institutions, a business selling a used vehicle to its own employee, and a lessor selling a leased vehicle to the lessee or the lessee's employee. The FTC guidance adds that the Rule does not apply at auctions closed to consumers, while at public auctions both the dealer and the auction company must comply.
Which vehicles count
The Rule's definition of "vehicle" excludes motorcycles and limits coverage to vehicles with a gross vehicle weight rating under 8,500 pounds, a curb weight under 6,000 pounds and a frontal area under 46 square feet. A "used vehicle" is one driven more than the limited use needed to move or road-test a new vehicle before delivery. A vehicle sold only for scrap or parts, with title documents surrendered and a salvage certificate issued, is not covered.
Where the Rule does not apply
- Maine and Wisconsin. The FTC says the Rule applies in every state except these two, which have similar regulations requiring dealers to post disclosures on used vehicles. It does apply in the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands and American Samoa.
- Sellers outside the definition. Someone who sells a car now and then is not a "dealer" under the five-vehicle test, so the sticker requirement does not apply to that sale. A private seller below that count is outside the Rule, and the FTC's buyer guidance covers dealer sales only, so check your state's rules for a private sale.
What the front of the sticker shows
The form must be displayed prominently on the vehicle so that both sides can be read, and dealers may take it off only for a test drive. Under 16 CFR 455.2, the dealer fills in the dealership's name and address, the vehicle's make, model, model year and VIN, and the name and phone number of a person to contact about complaints after the sale. The warranty section has three possible outcomes.
| Box on the front | What it means | What to check |
|---|---|---|
| As Is - No Dealer Warranty | The dealer offers the vehicle without any implied warranty and without a dealer warranty; the FTC's consumer guidance says the dealer will not pay for problems or needed repairs. | Whether your state allows "as is" sales for this vehicle; any spoken promises that are not written on the form. |
| Implied Warranties Only | The dealer makes no promise to fix things, but implied warranties under state law may give you some rights over serious problems that were not apparent at purchase. | What your state's implied-warranty law covers and for how long. |
| Warranty (Full or Limited) | The dealer describes the warranty: whether it is Full or Limited, which systems are covered, the duration, and the percentage of repair cost the dealer pays. | Named systems (shorthand such as "drive train" or "power train" is not allowed), duration, and the percentage the dealer pays. |
A dealer that first offers a car as is and then sells it with a warranty must cross out the As Is disclosure and fill in the warranty terms. The reverse also applies: an offered warranty that is dropped before sale must be crossed out and the right box marked. Negotiation over warranty coverage is allowed, as long as the final terms appear in the contract and are summarized on the buyer's copy of the form.
Non-dealer warranties and service contracts
Dealers may, but are not required to, mark boxes showing that a manufacturer's warranty still applies, that a manufacturer's used vehicle warranty applies, or that another used vehicle warranty applies. If a service contract is offered for an extra charge, the form must carry the Service Contract box and wording telling you to ask about coverage, deductible, price and exclusions. The same wording notes that buying a service contract within 90 days of the purchase may give you additional rights under your state's implied-warranty laws. The requirement does not apply where offering the contract is regulated by state law as the business of insurance.
As Is, implied warranty, state law
An implied warranty is an unwritten promise that arises under state law when a dealer sells a vehicle. The Rule defines it as an implied warranty "arising under State law (as modified by the Magnuson-Moss Act)." The FTC's consumer page says implied warranties do not apply in "as is" sales and that how long they last varies from state to state.
The Rule does not give a dealer the right to sell as is. Under 16 CFR 455.2(b)(1)(ii), if state law limits or prohibits "as is" sales, the state law overrides the Rule, and the dealer must delete the As Is heading and use the Implied Warranties Only version instead. The FTC's dealer guidance also says that in some states the As Is - No Dealer Warranty sticker may be enough to eliminate implied warranties, while other states allow "as is" sales only if specific steps are taken or particular language is used.
One state example: Minnesota
Minnesota shows how far a state can go. Under Minnesota Statutes 325F.662, a used passenger vehicle, pickup or van that a dealer sells to a buyer for personal, family or household use comes with a written dealer warranty on a list of major parts, such as engine, transmission, drive axle, brake and steering components. The minimum terms depend on mileage:
- Under 36,000 miles: at least 60 days or 2,500 miles, whichever comes first.
- 36,000 to under 75,000 miles: at least 30 days or 1,000 miles.
- 75,000 to under 200,000 miles: at least 15 days or 500 miles, but this tier does not apply when the seller is a new motor vehicle dealer.
The statute lists exclusions. Among them are vehicles eight years old or older (counted from January 1 of the model year), vehicles sold for a total cash price under $3,000, diesel vehicles, vehicles over 9,000 pounds gross weight, salvage-branded titles and vehicles with 200,000 miles or more. The age and price exclusions do not apply to the 75,000-mile tier, so a used-only dealer selling an older or cheaper car with 75,000 to 199,999 miles still owes the 15-day warranty unless another exclusion applies. If a dealer fails to give the required warranty, the law treats it as given anyway. A buyer can waive coverage for a particular part only if the dealer discloses the defect on the front of the Buyers Guide and the buyer circles the statement and signs next to it.
Other states set their own terms. The FTC directs buyers with state-specific questions about "as is" disclosures and return rules to the state attorney general's office, which is the place to confirm what applies to a particular sale.
The back side and the 2016 changes
The back of the form carries printed advice that dealers cannot alter. According to the FTC's 2016 final rule, the Buyers Guide includes a suggestion to ask the dealer whether a pre-purchase inspection is permitted, a warning not to rely on spoken promises that are not confirmed in writing, and a list of fourteen major systems and the major defects that can occur in them.
The final rule, published November 18, 2016 and effective January 27, 2017, changed the form in these ways:
- It added a statement recommending that consumers obtain a vehicle history report and directing them to an FTC website for more on those reports and on safety recalls.
- It revised the statement describing what an "As Is" sale means.
- It added boxes on the front for non-dealer warranty and service contract coverage.
- It added a Spanish statement to the English form telling consumers to ask for a Spanish copy if the dealer is conducting the sale in Spanish, plus a Spanish translation of the optional acknowledgment of receipt.
- It added air bags and catalytic converters to the list of major defects.
The rule did not require dealers to obtain a vehicle history report for each car. The history line is advice to the buyer, and the federal form has no box for title brands such as salvage or flood. The federal NMVTIS program describes its reports as covering current title information including brand history, the latest reported odometer reading, insurer salvage or total-loss determinations and transfers to a junk, salvage or recycling yard. It describes its report as intentionally concise, with data on only five key indicators associated with preventing fraud and theft, and notes that NMVTIS does not hold all the information a state may keep in its title records. The FTC's consumer page adds that a history report typically will not list mechanical problems.
How the sticker binds the sale
Under 16 CFR 455.3, the dealer must give you the window form, or an accurate copy, reflecting the warranty coverage agreed on. The information on the final version is incorporated into the contract of sale and overrides any contrary provisions in it. Each consumer contract must conspicuously say so, using this sentence:
The information you see on the window form for this vehicle is part of this contract.
The Rule's wording continues that the form's information overrides contrary contract provisions. Section 455.4 adds that a dealer may not make oral or written statements, or take other actions, that alter or contradict the required disclosures. Even so, the FTC advises buyers to get spoken promises written on the Buyers Guide, because a promise that exists only in conversation can be hard to enforce.
If the sale is conducted in Spanish, 16 CFR 455.5 requires the window form and the contract disclosures to be in Spanish. The dealer may display both an English form and a Spanish translation.
Frequently asked questions
Can a dealer take the sticker off the car during a test drive?
Yes. The Rule lets a dealer remove the form temporarily for a test drive, but it must be returned to the vehicle as soon as the test drive is over. The sticker must otherwise be displayed prominently, in any location on the vehicle, so that both sides are readable.
Do I get the sticker itself when I buy the car?
You must be given the window form, reflecting the warranty coverage agreed on. The dealer may give you a copy of the original instead, as long as the copy accurately shows all required disclosures and the agreed coverage.
Can I return the car a few days after buying it?
Not by federal right. The FTC's consumer guidance says federal law does not require dealers to give you three days to cancel the deal and return the car. Some states require a right to cancel; elsewhere a return is possible only if the dealer offers one, sometimes called a cooling-off period or money-back guarantee. Get any return policy in writing and check your state's rules with the attorney general before you sign.
What if the dealer's offer changes after I negotiate?
Warranty coverage can be negotiated. Under 16 CFR 455.4, the final warranty terms must be identified in the contract and summarized on the copy of the form given to the buyer. If a dealer first offers a warranty and then sells without one, the offered warranty is crossed out and the As Is or Implied Warranties Only box is marked.
Does a service contract change my implied-warranty rights?
The wording the Rule requires on the form says that if you buy a service contract within 90 days of purchasing the vehicle, implied warranties under your state's laws may give you additional rights. The reason is federal warranty law: under 15 U.S.C. 2308, a seller that gives you a written warranty, or enters into a service contract with you at the sale or within 90 days after, may not disclaim implied warranties. With a written warranty, it may limit their duration to that of a written warranty of reasonable duration, if the limit is conscionable, clearly worded and prominently displayed on the warranty. This applies to a contract the dealer itself enters into with you, and what the implied warranties cover still depends on your state's law.
Before you sign: a checklist
This is general educational information, not legal advice; for a dispute over a specific sale, a state attorney general's consumer office or an attorney can advise on your state's rules.
- Photograph the front and back of the Buyers Guide at the dealership, including the VIN and the box that is marked.
- Compare the VIN, make, model and model year on the form with the car and the contract.
- Ask for the final window form, or an accurate copy, when you sign, and check that it matches the warranty terms you agreed to.
- Have any spoken promise written on the form or in the contract.
- Ask whether an independent mechanic may inspect the car. The FTC says an independent mechanical inspection is worth paying for even if the car is "certified," and suggests asking for a written report with repair estimates.
- Get a vehicle history report, and look up the VIN on NHTSA's recall lookup to see whether the car has an open safety recall.
- Confirm your state's rules on "as is" sales and implied warranties with the state attorney general if the box marked is As Is, especially if the dealer is also selling you a service contract.
Sources
- Used Motor Vehicle Trade Regulation Rule, 16 CFR Part 455, eCFR
- Used Motor Vehicle Trade Regulation Rule, final rule, 81 FR 81664, Federal Register, Nov. 18, 2016
- Dealer's Guide to the Used Car Rule, Federal Trade Commission
- Buying a Used Car From a Dealer, Federal Trade Commission
- Minnesota Statutes 325F.662, Office of the Revisor of Statutes
- 15 U.S.C. 2308, Restrictions on disclaimers or modifications of implied warranties, Legal Information Institute
- NMVTIS consumer information, Bureau of Justice Assistance
- Check for Recalls, NHTSA
