§ 395 — Required disclosure of prior use

New York § 395

• Jurisdiction: New York
• Law GBS: General Business
• Art. 26: Miscellaneous

Text

§ 395. Required disclosure of prior use. 1. Whenever any person, firm,\ncorporation or association engaged in the business of retailing\nmerchandise to the public, or agent, employee or sales representative\nthereof shall offer used, rebuilt, reconditioned or repossessed\ntelevision or radio receiving sets, phonographs, or major household\nappliances, for sale to the public, the seller shall affix to such\nmerchandise offered for sale a tag or sticker which shall state as\nappropriate that such merchandise has been used, rebuilt, reconditioned,\nrepossessed, or rebranded and used. If such merchandise is offered for\nsale to the public by any means of advertisement, announcement, card,\nsign, label, tag or other means of communication, the said\nadvertisement, announcement, card, sign, laber, tag or other means of\ncommunication must also contain in the description of such merchandise\nthe appropriate word or words of the following: used, rebuilt,\nreconditioned, repossessed, or rebranded and used. Nothing in this\nsection shall be construed to apply to merchandise sold as antique goods\nand so advertised or described, jewelry, imported oriental rugs, floor\nsamples, nor to any merchandise returned by a retail customer the cash\nsales price for which is canceled or refunded or fully credited.\n 2. A violation of this section with the intent to deceive a\nprospective or potential purchaser of such merchandise shall constitute\na misdemeanor.\n 3. Proof that any person, firm, corporation or association engaged in\nthe business of retailing merchandise to the public, or agent, employee\nor sales representative thereof who has offered such merchandise for\nsale to the public has failed to comply with subdivision one of this\nsection shall be presumptive evidence of the intent to deceive mentioned\nin subdivision two of this section.\n 4. Upon a showing by the attorney general in an application for an\ninjunction that any person, firm, corporation or association engaged in\nthe business of retailing merchandise to the public, or agent, employee\nor sales representative thereof who has offered such merchandise for\nsale to the public has failed to comply with subdivision one of this\nsection, the supreme court after a hearing may issue a permanent\ninjunction enjoining and restraining such action or violation, without\nrequiring proof that any person has, in fact, been misled or deceived or\notherwise damaged thereby.\n