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

§ 417-c. Mandatory disclosures by sellers prior to resale. 1.\nCertificate of prior nonconformity by manufacturer or dealer. Upon the\nsale or transfer of title by a manufacturer, its agent or any dealer of\nany second-hand fire vehicle or ambulance, previously returned to a\nmanufacturer or dealer for nonconformity to its warranty or after final\ndetermination, adjudication or settlement pursuant to section one\nhundred nine-d of the general municipal law, the manufacturer or dealer\nshall execute and deliver to the buyer an instrument in writing in a\nform prescribed by the commissioner setting forth the following\ninformation printed in conspicuous in ten point, all capital type:\n"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER\nBECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION\nWAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK LAW."\nSuch notice that a vehicle was returned to the manufacturer or dealer\nbecause it did not conform to its warranty shall also be conspicuously\nprinted on the motor vehicle's certificate of title.\n 2. Violation. The failure of a manufacturer or dealer to deliver to\nthe buyer the instrument required by this section or the delivery of an\ninstrument containing false or misleading information shall constitute a\nviolation of this section.\n 3. 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 4. Action by the attorney general. a. 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 award\na sum not exceeding two thousand dollars against each defendant, whether\nor not costs have been awarded, 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