| (A) If the comparable motor vehicle has a higher MSRP/DSRP,
as applicable, than the complainant's vehicle, the complainant shall
be responsible at the time of sale to pay or finance the difference
in the two vehicles' MSRPs/DSRPs, as applicable, to the manufacturer,
converter or distributor.
(B) If the comparable motor vehicle has a lower MSRP/DSRP,
as applicable, than the complainant's vehicle, the complainant will
be credited the difference in the MSRP/DSRP, as applicable, between
the two motor vehicles. The difference credited shall not exceed the
amount of the calculated usage allowance for the complainant's vehicle.
(3) The complainant is responsible for obtaining financing,
if necessary, to complete the transaction.
(4) The replacement transaction, as described in paragraphs
(2) and (3) of this subsection, shall be completed as specified in
the final order. If the replacement transaction cannot be completed
within the ordered time period, the manufacturer shall repurchase
the complainant's motor vehicle in accordance with the repurchase
provisions of this section. If repurchase relief occurs, a party may
request calculation of the repurchase price by the final order authority.
(e) If the final order authority finds that a complainant's
motor vehicle does not qualify for replacement or repurchase, an order
may be entered in any proceeding, where appropriate, requiring repair
work to be performed or other action taken to obtain compliance with
the manufacturer's, converter's, or distributor's warranty obligations.
(f) If the motor vehicle is substantially damaged or
if there is an adverse change in the motor vehicle's condition beyond
ordinary wear and tear, from the date of the hearing to the date of
repurchase, and the parties are unable to agree on an amount allowed
for such damage or condition, either party may request reconsideration
by the final order authority of the repurchase price contained in
the final order.
(g) In any award in favor of a complainant, the final
order authority may require the dealer involved to reimburse the complainant,
manufacturer, converter, or distributor for the cost of any items
or options added to the motor vehicle if one or more of those items
or options contributed to the defect that is the basis for the order,
repurchase, or replacement. This subsection shall not be interpreted
to require a manufacturer, converter, or distributor to repurchase
a motor vehicle due to a defect or condition that was solely caused
by a dealer add-on item or option.
|
