§ 417-A — Mandatory disclosures by sellers prior to resale

§ 417-a. Mandatory disclosures by sellers prior to resale. 1.\nCertificate of prior use by dealer. (a) Upon the sale or transfer of\ntitle by a dealer of any second-hand passenger motor vehicle, the dealer\nshall execute and deliver to the buyer an instrument in writing in a\nform prescribed by the commissioner which shall set forth the nature of\nthe principal prior use of such vehicle when the dealer knows or has\nreason to know that such use was as a taxicab, rental vehicle, police\nvehicle, or vehicle which has been repurchased pursuant to either\nsection one hundred ninety-eight-a or one hundred ninety-eight-b of the\ngeneral business law, a similar statute of another state, or an\narbitration or alternative dispute procedure.\n (b) Upon the sale or transfer of title by a dealer of any passenger\nmotor vehicle that the dealer knows or has reason to know was previously\nused as a driver education vehicle, the dealer shall execute and deliver\nto the buyer an instrument in writing in a form prescribed by the\ncommissioner acknowledging such prior use.\n 2. Certificate of prior nonconformity by manufacturer or dealer. Upon\nthe sale or transfer of title by a manufacturer, its agent or any dealer\nof any second-hand motor vehicle, previously returned to a manufacturer\nor dealer for nonconformity to its warranty or after final\ndetermination, adjudication or settlement pursuant to section one\nhundred ninety-eight-a or one hundred ninety-eight-b of the general\nbusiness law, the manufacturer or dealer shall execute and deliver to\nthe buyer an instrument in writing in a form prescribed by the\ncommissioner setting forth the following information in ten point, all\ncapital type: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER\nOR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR\nCONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK\nLAW." Such notice that a vehicle was returned to the manufacturer or\ndealer because it did not conform to its warranty shall also be\nconspicuously printed on the motor vehicle's certificate of title.\n 3. Violation. The failure of a dealer to deliver to the buyer the\ninstrument required by this section or the delivery of an instrument\ncontaining false or misleading information shall constitute a violation\nof this section.\n 4. Private Remedy. A consumer injured by a violation of this section\nmay bring an action to recover damages. Judgment may be entered for\nthree times the actual damages suffered by a consumer or one hundred\ndollars, whichever is greater. A court also may award reasonable\nattorneys' fees to a prevailing plaintiff buyer.\n 5. a. Action by the attorney general. Upon any violation of this\nsection, an application may be made by the attorney general in the name\nof the people of the state of New York to a court or justice having\njurisdiction to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of the\nviolation. If it shall appear to the satisfaction of the court or\njustice that the defendant has violated this section, an injunction may\nbe issued by the court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceeding, the court may make\nallowances to the attorney general as provided in paragraph six of\nsubdivision (a) of section eighty-three hundred three of the civil\npractice law and rules, and direct restitution.\n b. Whenever the court shall determine that a violation of this section\nhas occurred, it may impose a civil penalty of not more than one\nthousand dollars for each violation. In connection with an application\nmade under this subdivision, the attorney general is authorized to take\nproof and to make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n