Bill Text: NY A06619 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Establishes the automobile sales protection act; provides for a 3 day cooling off period after the purchase of a used car bought at a dealership.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2017-03-10 - referred to consumer affairs and protection [A06619 Detail]

Download: New_York-2017-A06619-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          6619
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 10, 2017
                                       ___________
        Introduced  by M. of A. GJONAJ, ARROYO, HOOPER -- read once and referred
          to the Committee on Consumer Affairs and Protection
        AN ACT to amend the personal property law, in relation  to  establishing
          the automobile sales protection act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Article 12 and sections 550 and 551 of the personal proper-
     2  ty law, as renumbered by chapter 792 of the laws of 1986, are renumbered
     3  article 13 and sections 600 and 601, respectively, and a new article  12
     4  is added to read as follows:
     5                                 ARTICLE 12
     6                       AUTOMOBILE SALES PROTECTION ACT
     7  Section 550. Cooling-off  period  for all used car sales made at dealer-
     8                 ships.
     9          551. Cooling-off period disclosure.
    10          552. Attorney's fees.
    11    § 550. Cooling-off period for all used car sales made at  dealerships.
    12  1.  Purchasers  of  used  vehicles at car dealers shall have a three day
    13  cooling-off period to begin at the close of the sale, when the purchaser
    14  takes the vehicle off the lot. This cooling-off period shall  not  apply
    15  to  purchases  of  new  vehicles.  During  this period, the consumer may
    16  return the used vehicle to the dealer at any time, for any reason, for a
    17  full refund of the purchase price, cancellation of any financing, and  a
    18  return  of  their trade-in, or alternatively, the trade-in's fair market
    19  private sale value. The dealer must return the trade-in if it  is  still
    20  available.
    21    2.  The  provisions of subdivision one of this section shall not apply
    22  to:
    23    (a) any used vehicle that is damaged in any way during the cooling-off
    24  period, at which time the sale shall be deemed final;
    25    (b) any used vehicle that is materially altered or modified; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10494-01-7
        A. 6619                             2
     1    (c) any used vehicle that is operated  more  than  two  hundred  fifty
     2  miles during the cooling-off period.
     3    §  551.  Cooling-off  period  disclosure. 1. The commissioner of motor
     4  vehicles shall establish and distribute a disclosure statement informing
     5  purchasers of used motor vehicles of their rights pursuant to this arti-
     6  cle.
     7    2. Prior to the delivery of any used motor vehicle  purchased  from  a
     8  dealer,  such  dealer  shall  provide  the purchaser with the disclosure
     9  statement established pursuant to subdivision one of this  section,  and
    10  both the dealer and the purchaser shall sign such statement.
    11    §  552.  Attorney's  fees. Any prevailing plaintiff under this article
    12  shall be entitled to reasonable  attorney's  fees  to  be  paid  by  the
    13  defendant.
    14    §  2.  This  act  shall take effect on the sixtieth day after it shall
    15  have become a law; provided that, effective immediately, the commission-
    16  er of motor vehicles is authorized to  take  any  actions  necessary  to
    17  implement  the provisions of this act on its effective date on or before
    18  such date.