Bill Text: NY A03653 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires motor vehicle sales and lease contract terms be written in the language in which such contracts were negotiated; requires retail motor vehicle dealers who negotiate primarily in languages other than English deliver to consumers a translation of such contracts in the language in which such contracts were negotiated; provides remedies to aggrieved consumers.
Spectrum: Partisan Bill (Democrat 22-1)
Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A03653 Detail]
Download: New_York-2011-A03653-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3653
2011-2012 Regular Sessions
I N A S S E M B L Y
January 26, 2011
___________
Introduced by M. of A. P. RIVERA, MILLMAN, J. RIVERA, COLTON -- Multi-
Sponsored by -- M. of A. ARROYO, BOYLAND, CAHILL, CLARK, GOTTFRIED,
HEASTIE, HIKIND, HOOPER, JACOBS, V. LOPEZ, MAYERSOHN, McDONOUGH,
ORTIZ, RAMOS, N. RIVERA, ROBINSON, TITUS, TOWNS, WEINSTEIN, WEISEN-
BERG, WRIGHT -- read once and referred to the Committee on Consumer
Affairs and Protection
AN ACT to amend the general business law and the personal property law,
in relation to requiring certain contracts to be written in the
language in which such contracts were negotiated
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 396-p of the general business law, as added by
2 chapter 736 of the laws of 1978, is amended by adding a new subdivision
3 2-a to read as follows:
4 2-A. ANY RETAIL DEALER WHO NEGOTIATES PRIMARILY IN A LANGUAGE OTHER
5 THAN ENGLISH, ORALLY OR IN WRITING, IN THE COURSE OF ENTERING INTO A
6 CONTRACT PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
7 SECTION, SHALL DELIVER TO THE CONSUMER WHO IS THE OTHER PARTY TO SUCH
8 CONTRACT AND PRIOR TO THE EXECUTION OF SUCH CONTRACT, AN UNSIGNED TRANS-
9 LATION OF SUCH CONTRACT, IN THE LANGUAGE IN WHICH SUCH CONTRACT WAS
10 NEGOTIATED.
11 (A) IN ADDITION TO THE PENALTIES IMPOSED UNDER SUBDIVISION SIX OF THIS
12 SECTION, FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL
13 ENTITLE THE AGGRIEVED CONSUMER TO CANCEL SUCH CONTRACT. UPON A FAILURE
14 TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, THE AGGRIEVED CONSUM-
15 ER MAY CANCEL THE CONTRACT. FOR PURPOSES OF THIS SUBDIVISION, CANCELLA-
16 TION SHALL BE DEEMED TO HAVE OCCURRED WHEN WRITTEN NOTICE OF CANCELLA-
17 TION IS GIVEN TO THE RETAIL DEALER. NOTICE OF CANCELLATION, IF MAILED,
18 SHALL BE DEEMED DELIVERED ON THE DATE OF THE POSTMARK. NOTICE OF CANCEL-
19 LATION SHALL BE SUFFICIENT IF SUCH NOTICE INDICATES THE INTENTION OF THE
20 CONSUMER NOT TO BE BOUND BY SUCH CONTRACT. IF A CONSUMER CANCELS A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00046-01-1
A. 3653 2
1 CONTRACT PURSUANT TO THIS PARAGRAPH, THE RETAIL DEALER SHALL NOT IMPOSE
2 ANY PENALTY OR OBLIGATION UPON SUCH CONSUMER. WHEN A CONTRACT, WHICH HAS
3 BEEN SOLD AND ASSIGNED TO A FINANCIAL INSTITUTION IS CANCELED PURSUANT
4 TO THIS SUBDIVISION, SUCH CONSUMER SHALL MAKE RESTITUTION TO AND HAVE
5 RESTITUTION MADE BY THE RETAIL DEALER WITH WHOM HE OR SHE MADE THE
6 CONTRACT, AND SHALL GIVE NOTICE OF CANCELLATION TO THE ASSIGNEE.
7 NOTWITHSTANDING THAT THE CONTRACT WAS ASSIGNED WITHOUT RECOURSE, THE
8 ASSIGNMENT SHALL BE DEEMED CANCELED AND THE ASSIGNOR SHALL PROMPTLY
9 REPURCHASE THE CONTRACT FROM THE ASSIGNEE.
10 (B) THE TERMS OF THE CONTRACT WHICH IS EXECUTED IN THE ENGLISH
11 LANGUAGE SHALL DETERMINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES.
12 HOWEVER, THE TRANSLATION OF THE CONTRACT IN ANY LANGUAGE OTHER THAN
13 ENGLISH IN WHICH THE CONTRACT WAS NEGOTIATED SHALL BE ADMISSIBLE IN
14 EVIDENCE ONLY TO SHOW THAT NO CONTRACT WAS ENTERED INTO BECAUSE OF A
15 SUBSTANTIAL DIFFERENCE IN THE MATERIAL TERMS AND CONDITIONS OF THE
16 CONTRACT AND THE TRANSLATION.
17 (C) THE PROVISIONS OF THIS SUBDIVISION SHALL BE IN ADDITION TO ANY
18 OTHER RIGHTS TO REVOKE AN OFFER.
19 S 2. The general business law is amended by adding a new section 198-d
20 to read as follows:
21 S 198-D. CONTRACTS IN CERTAIN LANGUAGES FOR THE SALE OR LEASE OF USED
22 MOTOR VEHICLES. ANY RETAIL DEALER WHO NEGOTIATES PRIMARILY IN A LANGUAGE
23 OTHER THAN ENGLISH, ORALLY OR IN WRITING, IN THE COURSE OF ENTERING INTO
24 A CONTRACT FOR THE SALE OR LEASE OF A USED MOTOR VEHICLE WITH A CONSUM-
25 ER, SHALL DELIVER TO SUCH CONSUMER WHO IS THE OTHER PARTY TO SUCH
26 CONTRACT AND PRIOR TO THE EXECUTION OF SUCH CONTRACT, AN UNSIGNED TRANS-
27 LATION OF SUCH CONTRACT, IN THE LANGUAGE IN WHICH SUCH CONTRACT WAS
28 NEGOTIATED.
29 A. IN ADDITION TO THE PENALTIES IMPOSED UNDER SUBDIVISION D OF THIS
30 SECTION, FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL
31 ENTITLE THE AGGRIEVED CONSUMER TO CANCEL SUCH CONTRACT. UPON A FAILURE
32 TO COMPLY WITH THE PROVISIONS OF THIS SECTION, THE AGGRIEVED CONSUMER
33 MAY CANCEL THE CONTRACT. FOR PURPOSES OF THIS SECTION, CANCELLATION
34 SHALL BE DEEMED TO HAVE OCCURRED WHEN WRITTEN NOTICE OF CANCELLATION IS
35 GIVEN TO THE RETAIL DEALER. NOTICE OF CANCELLATION, IF MAILED, SHALL BE
36 DEEMED DELIVERED ON THE DATE OF THE POSTMARK. NOTICE OF CANCELLATION
37 SHALL BE SUFFICIENT IF SUCH NOTICE INDICATES THE INTENTION OF THE
38 CONSUMER NOT TO BE BOUND BY SUCH CONTRACT. IF A CONSUMER CANCELS A
39 CONTRACT PURSUANT TO THIS SUBDIVISION, THE RETAIL DEALER SHALL NOT
40 IMPOSE ANY PENALTY OR OBLIGATION UPON SUCH CONSUMER. WHEN A CONTRACT,
41 WHICH HAS BEEN SOLD AND ASSIGNED TO A FINANCIAL INSTITUTION IS CANCELED
42 PURSUANT TO THIS SUBDIVISION, SUCH CONSUMER SHALL MAKE RESTITUTION TO
43 AND HAVE RESTITUTION MADE BY THE RETAIL DEALER WITH WHOM HE OR SHE MADE
44 THE CONTRACT, AND SHALL GIVE NOTICE OF CANCELLATION TO THE ASSIGNEE.
45 NOTWITHSTANDING THAT THE CONTRACT WAS ASSIGNED WITHOUT RECOURSE, THE
46 ASSIGNMENT SHALL BE DEEMED CANCELED AND THE ASSIGNOR SHALL PROMPTLY
47 REPURCHASE THE CONTRACT FROM THE ASSIGNEE.
48 B. THE TERMS OF THE CONTRACT WHICH IS EXECUTED IN THE ENGLISH LANGUAGE
49 SHALL DETERMINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES. HOWEVER, THE
50 TRANSLATION OF THE CONTRACT IN ANY LANGUAGE OTHER THAN ENGLISH IN WHICH
51 THE CONTRACT WAS NEGOTIATED SHALL BE ADMISSIBLE IN EVIDENCE ONLY TO SHOW
52 THAT NO CONTRACT WAS ENTERED INTO BECAUSE OF A SUBSTANTIAL DIFFERENCE IN
53 THE MATERIAL TERMS AND CONDITIONS OF THE CONTRACT AND THE TRANSLATION.
54 C. THE PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO ANY OTHER
55 RIGHTS TO REVOKE AN OFFER.
A. 3653 3
1 D. ANY RETAIL DEALER OR EMPLOYEE OF A DEALER WHO VIOLATES ANY OF THE
2 PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO
3 EXCEED FIFTY DOLLARS FOR THE FIRST OFFENSE AND TWO HUNDRED FIFTY DOLLARS
4 FOR THE SECOND AND EACH SUBSEQUENT OFFENSE.
5 S 3. Section 337 of the personal property law is amended by adding a
6 new subdivision 5-a to read as follows:
7 5-A. ANY RETAIL DEALER WHO NEGOTIATES PRIMARILY IN A LANGUAGE OTHER
8 THAN ENGLISH, ORALLY OR IN WRITING, IN THE COURSE OF ENTERING INTO A
9 RETAIL LEASE AGREEMENT PROVIDED FOR IN THIS SECTION, SHALL DELIVER TO
10 THE CONSUMER WHO IS THE OTHER PARTY TO SUCH AGREEMENT AND PRIOR TO THE
11 EXECUTION OF SUCH AGREEMENT, AN UNSIGNED TRANSLATION OF SUCH AGREEMENT,
12 IN THE LANGUAGE IN WHICH SUCH AGREEMENT WAS NEGOTIATED.
13 (A) IN ADDITION TO THE PENALTIES IMPOSED UNDER SECTION THREE HUNDRED
14 FORTY-SIX OF THIS ARTICLE, FAILURE TO COMPLY WITH THE PROVISIONS OF THIS
15 SUBDIVISION SHALL ENTITLE THE AGGRIEVED CONSUMER TO CANCEL SUCH AGREE-
16 MENT. UPON A FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION,
17 THE AGGRIEVED CONSUMER MAY CANCEL THE AGREEMENT. FOR PURPOSES OF THIS
18 SUBDIVISION, CANCELLATION SHALL BE DEEMED TO HAVE OCCURRED WHEN WRITTEN
19 NOTICE OF CANCELLATION IS GIVEN TO THE RETAIL DEALER. NOTICE OF CANCEL-
20 LATION, IF MAILED, SHALL BE DEEMED DELIVERED ON THE DATE OF THE POST-
21 MARK. NOTICE OF CANCELLATION SHALL BE SUFFICIENT IF SUCH NOTICE INDI-
22 CATES THE INTENTION OF THE CONSUMER NOT TO BE BOUND BY SUCH AGREEMENT.
23 IF A CONSUMER CANCELS AN AGREEMENT PURSUANT TO THIS PARAGRAPH, THE
24 RETAIL DEALER SHALL NOT IMPOSE ANY PENALTY OR OBLIGATION UPON SUCH
25 CONSUMER. WHEN AN AGREEMENT, WHICH HAS BEEN SOLD AND ASSIGNED TO A
26 FINANCIAL INSTITUTION IS CANCELED PURSUANT TO THIS SUBDIVISION, SUCH
27 CONSUMER SHALL MAKE RESTITUTION TO AND HAVE RESTITUTION MADE BY THE
28 RETAIL DEALER WITH WHOM HE OR SHE MADE THE AGREEMENT, AND SHALL GIVE
29 NOTICE OF CANCELLATION TO THE ASSIGNEE. NOTWITHSTANDING THAT THE AGREE-
30 MENT WAS ASSIGNED WITHOUT RECOURSE, THE ASSIGNMENT SHALL BE DEEMED
31 CANCELED AND THE ASSIGNOR SHALL PROMPTLY REPURCHASE THE AGREEMENT FROM
32 THE ASSIGNEE.
33 (B) THE TERMS OF THE AGREEMENT WHICH IS EXECUTED IN THE ENGLISH
34 LANGUAGE SHALL DETERMINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES.
35 HOWEVER, THE TRANSLATION OF THE AGREEMENT IN ANY LANGUAGE OTHER THAN
36 ENGLISH IN WHICH THE AGREEMENT WAS NEGOTIATED SHALL BE ADMISSIBLE IN
37 EVIDENCE ONLY TO SHOW THAT NO CONTRACT WAS ENTERED INTO BECAUSE OF A
38 SUBSTANTIAL DIFFERENCE IN THE MATERIAL TERMS AND CONDITIONS OF THE
39 AGREEMENT AND THE TRANSLATION.
40 (C) THE PROVISIONS OF THIS SUBDIVISION SHALL BE IN ADDITION TO ANY
41 OTHER RIGHTS TO REVOKE AN OFFER.
42 S 4. This act shall take effect on the one hundred twentieth day after
43 it shall have become a law and shall apply to contracts entered into on
44 or after such effective date.
