§ 417-B — Mandatory disclosures by second-hand dealers prior to resale

§ 417-b. Mandatory disclosures by second-hand dealers prior to resale.\n1. Upon the sale or transfer of title by any dealer of any second-hand\nmotor vehicle which was manufactured or assembled on or after July\nfirst, nineteen hundred ninety-one and designed as a nineteen hundred\nninety-two or later model and which the dealer knows or has reason to\nknow that such vehicle is not equipped with a tamper-resistant odometer\nas provided in subdivision forty-six of section three hundred\nseventy-five of this chapter, the 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 IS NOT EQUIPPED WITH A\nTAMPER-RESISTANT ODOMETER." Such notice that a vehicle is not equipped\nwith a tamper-resistant odometer shall also be conspicuously printed on\nthe motor vehicle's certificate of title.\n 2. The failure of a dealer to deliver to the buyer the instrument\nrequired by this section or the delivery of an instrument containing\nfalse or misleading information shall constitute a violation of this\nsection.\n 3. A consumer injured by a violation of this section may bring an\naction to recover damages. Judgment may be entered for three times the\nactual damages suffered by a consumer or one hundred dollars, whichever\nis greater. A court also may award reasonable attorneys' fees to a\nprevailing plaintiff buyer.\n 4. a. Upon any violation of this section, an application may be made\nby the attorney general in the name of the people of the state of New\nYork to a court or justice having jurisdiction to issue an injunction,\nand upon notice to the defendant of not less than five days, to enjoin\nand restrain the continuance of the violation. If it shall appear to the\nsatisfaction of the court or justice that the defendant has violated\nthis section, an injunction may be issued by the court or justice,\nenjoining and restraining any further violation, without requiring proof\nthat any person has, in fact, been injured or damaged thereby. In any\nsuch proceeding, the court may make allowances to the attorney general\nas provided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution.\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