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H 3745

Term Limits

2025-2026 Regular Session Introduced by Bobby Cox and 1 co-sponsor

Mass. H 3745 requires private used-vehicle sales to use an RMV-approved bill of sale with notarized signatures, odometer, defects, price; excludes under $700; no new private suit.

Referred to Committee on Judiciary
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Bill Summary · H 3745

Summary — H 3745: An Act relative to private sale requirements for used vehicles

Status and procedural history
- Bill number: H 3745 (House Docket No. 2399). Filed/presented by Rep. David K. Muradian, Jr. (9th Worcester).
- Official title in text: "An Act relative to private sale requirements for used vehicles."
- Filed/introduced: mid-January 2025 (docket shows 1/15–1/16/2025). Legislative records show referral to Committee on Judiciary (1/15/2025) and later to the Committee on Transportation (2/27/2025). A committee hearing was scheduled for 05/13/2025. A study order was accompanied on 11/10/2025. Related/previously similar matter: House No. 3387 (2023–2024); HD 2399 (replaces).
- Note: The bill text included in the packet also contains unrelated South Carolina term‑limits language; that text is not part of the Massachusetts Chapter 90 amendment and appears to be an erroneous insertion.

Purpose and intent
- Establish minimum documentation and procedural requirements for private (non‑dealer) sales of used motor vehicles in Massachusetts to improve consumer protection, reduce fraud, and standardize proof of sale.

Key provisions
1. New statutory placement
- Adds Section 7N3/4 to Chapter 90 of the Massachusetts General Laws (inserted after section 7N1/2).

  1. Definitions (selected)

    • Buyer: a purchaser who buys primarily for personal, family, or household use (includes transferees entitled under a warranty).
    • Dealer: person engaged in the business of selling used motor vehicles (includes those who sold more than three used vehicles in the prior 12 months). Excludes banks, government entities.
    • Private seller: any person who is not a dealer and who offers/sells a used vehicle to a consumer (excludes banks and government entities).
    • Purchase price: total of all payments made for purchase.

  2. Required approved bill of sale

    • It is an unfair or deceptive practice for a private seller to fail to use an approved bill of sale form and to provide a completed copy to the purchaser at the time of purchase.
    • The Registry of Motor Vehicles (RMV) must create, maintain, and post an approved form entitled "MOTOR VEHICLE BILL OF SALE FORM" on its website.

  3. Required contents of the bill of sale (must include)

    • Names and addresses of buyer and private seller.
    • Vehicle make, model, year, and identification/serial numbers.
    • Odometer reading / actual mileage.
    • All known defects that impair safety or substantially impair use.
    • Purchase price.
    • Printed names and signatures of both buyer and seller (both signatures must be notarized).
    • Required notarizations.

  4. Rulemaking

    • The Secretary of Consumer Affairs and Business Regulation must promulgate implementing regulations specifying wording, format, placement, and distribution of the form.

  5. Exemption

    • Section does not apply to vehicles sold by a private seller for less than $700.

  6. Enforcement and remedies

    • The statute states it does not itself create a private cause of action under this section. However, failure to use the approved form may be considered by a court in actions brought under existing statutes (e.g., section 7N1/4, 7N, chapter 93A) when awarding damages. The bill also labels noncompliance an unfair or deceptive act or practice.

Who is affected
- Primarily private sellers and buyers of used motor vehicles in Massachusetts (except sales under $700).
- Dealers are explicitly excluded.
- RMV and the Secretary of Consumer Affairs and Business Regulation (responsible for form creation and rulemaking).
- Potentially impacts informal/private sales (online marketplaces, private-party transactions) by adding a notarization and documentation requirement.

Potential impacts and considerations
- Consumer protection: standardized written record of the sale, odometer disclosure, and disclosure of known safety defects should improve transparency and support enforcement in disputes.
- Increased burden/cost: requirement that both buyer and seller signatures be notarized may add time and expense to private sales, potentially reducing the ease of informal transactions.
- Enforcement nuance: although nonuse is deemed unfair/deceptive, the bill does not create an independent private right of action; courts may weigh noncompliance when awarding damages in other statutory claims.
- Administrative tasks: RMV and the Secretary will need to develop and publish the form and promulgate implementing regulations.

Notes and anomalies
- The bill heading in the packet is labeled "Term Limits" and includes unrelated South Carolina term‑limit draft language. The operative Massachusetts text addresses private sale documentation for used vehicles; readers should treat the South Carolina material as extraneous.

Compiled from official sources — confirm details with the bill’s official record.

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