Utah Court of Appeals hears dispute over used‑car disclosures, buyer’s guide and inspection certificate

The Utah Court of Appeals heard argument Tuesday in Tidwell v. Jensen, a dispute over whether representations made at the point of sale and a dealer’s printed buyer’s guide and motor‑vehicle contract bar a consumer fraud claim brought under the Utah Consumer Sales Practices Act (UCSPA) and whether federal law (the FTC Used Car Rule) changes that analysis.

The issue matters because the case tests when oral statements by a used‑car salesperson and a dealer’s written “as‑is/no warranty” paperwork can be reconciled with state consumer‑protection law and the federal rule that governs used‑car disclosures. The appellant, Richard Tidwell, says he relied on oral statements that the vehicle had been safety inspected and was sound; the dealer’s side says Tidwell signed an as‑is contract and the buyer’s guide, and there is insufficient evidence that the seller knew of the vehicle’s alleged frame defects.

At argument, counsel for Tidwell summarized the core issues: "There are 2 major issues in this appeal. First is whether, under the FTC Act, the trial court correctly ruled that in this case, intent required an actual intent to deceive. Second issue is whether, in light of the requirements of the FTC used car rule, and as his rule…