§ 396-QQ — New and used motor vehicles; sales and leases

§ 396-qq. New and used motor vehicles; sales and leases. 1.\nDefinitions. The following terms when used in this section, shall be\ndeemed to mean and include:\n a. "Dealer" as defined in section four hundred fifteen of the vehicle\nand traffic law.\n b. "Motor vehicle" as defined in section one hundred twenty-five of\nthe vehicle and traffic law and excluding class A, B and C limited use\nmotorcycles as defined in section one hundred twenty-one-b of the\nvehicle and traffic law.\n 2. Whenever a dealer provides to a purchaser or lessee of a motor\nvehicle the service of securing a registration and/or certificate of\ntitle for such vehicle from the commissioner of motor vehicles or his\nissuing agent, the dealer shall either calculate the actual registration\nand/or certificate of title charges due, or make a good faith estimate\nin each transaction of the amount of such charges on the sales contract\nor lease agreement. If such charges are estimated, the dealer shall set\nforth on such sales contract or lease agreement or on a separate\ndocument to be initialled by the purchaser or lessee in conspicuous\nboldface type, the following disclosure: "THE AMOUNT INDICATED ON THIS\nSALES CONTRACT OR LEASE AGREEMENT FOR REGISTRATION AND TITLE FEES IS AN\nESTIMATE. IN SOME INSTANCES, IT MAY EXCEED THE ACTUAL FEES DUE THE\nCOMMISSIONER OF MOTOR VEHICLES. THE DEALER WILL AUTOMATICALLY, AND\nWITHIN SIXTY DAYS OF SECURING SUCH REGISTRATION AND TITLE, REFUND ANY\nAMOUNT OVERPAID FOR SUCH FEES." If such charges are estimated, the\ndealer shall, within sixty days of securing such registration and title,\nrefund to the purchaser or lessee the difference between the estimated\namount collected from such purchaser or lessee by the dealer and the\nactual fees paid to the commissioner of motor vehicles by the dealer.\n 3. Where a violation of this section is alleged to have occurred, the\nattorney general may apply in the name of the people of the state of New\nYork to the supreme court of the state of New York within the judicial\ndistrict in which such violation is alleged to have occurred, on notice\nof five days, for an order enjoining or restraining the continuance of\nsuch violation. In any such proceeding the court may impose a civil\npenalty in an amount not to exceed five hundred dollars and order\nrestitution to aggrieved consumers.\n