Bill Text: NY A07935 | 2015-2016 | General Assembly | Introduced

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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: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-06 - referred to consumer affairs and protection [A07935 Detail]

Download: New_York-2015-A07935-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7935
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 1, 2015
                                      ___________
       Introduced by M. of A. GJONAJ -- 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    S  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.
                                                                  LBD11019-06-5
       A. 7935                             2
    1    (C)  ANY  USED  VEHICLE  THAT  IS OPERATED MORE THAN TWO HUNDRED FIFTY
    2  MILES DURING THE COOLING-OFF PERIOD.
    3    S  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    S  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    S  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.