Bill Text: NY S05275 | 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: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S05275 Detail]
Download: New_York-2017-S05275-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5275 2017-2018 Regular Sessions IN SENATE March 20, 2017 ___________ Introduced by Sens. SAVINO, KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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. LBD10494-01-7S. 5275 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.
