N.Y. Vehicle & Traffic Law § 417-a: Mandatory disclosures by sellers prior to resale

§ 417-a. Mandatory disclosures by sellers prior to resale. 1.

Certificate of prior use by dealer. (a) Upon the sale or transfer of

title by a dealer of any second-hand passenger motor vehicle, the dealer

shall execute and deliver to the buyer an instrument in writing in a

form prescribed by the commissioner which shall set forth the nature of

the principal prior use of such vehicle when the dealer knows or has

reason to know that such use was as a taxicab, rental vehicle, police

vehicle, or vehicle which has been repurchased pursuant to either

section one hundred ninety-eight-a or one hundred ninety-eight-b of the

general business law, a similar statute of another state, or an

arbitration or alternative dispute procedure.

(b) Upon the sale or transfer of title by a dealer of any passenger

motor vehicle that the dealer knows or has reason to know was previously

used as a driver education vehicle, the dealer shall execute and deliver

to the buyer an instrument in writing in a form prescribed by the

commissioner acknowledging such prior use.

2. Certificate of prior nonconformity by manufacturer or dealer. Upon

the sale or transfer of title by a manufacturer, its agent or any dealer

of any second-hand motor vehicle, previously returned to a manufacturer

or dealer for nonconformity to its warranty or after final

determination, adjudication or settlement pursuant to section one

hundred ninety-eight-a or one hundred ninety-eight-b of the general

business law, the manufacturer or dealer shall execute and deliver to

the buyer an instrument in writing in a form prescribed by the

commissioner setting forth the following information in ten point, all

capital type: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER

OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR

CONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK

LAW." Such notice that a vehicle was returned to the manufacturer or

dealer because it did not conform to its warranty shall also be

conspicuously printed on the motor vehicle's certificate of title.

3. Violation. The failure of a dealer to deliver to the buyer the

instrument required by this section or the delivery of an instrument

containing false or misleading information shall constitute a violation

of this section.

4. Private Remedy. A consumer injured by a violation of this section

may bring an action to recover damages. Judgment may be entered for

three times the actual damages suffered by a consumer or one hundred

dollars, whichever is greater. A court also may award reasonable

attorneys' fees to a prevailing plaintiff buyer.

5. a. Action by the attorney general. Upon any violation of this

section, an application may be made by the attorney general in the name

of the people of the state of New York to a court or justice having

jurisdiction to issue an injunction, and upon notice to the defendant of

not less than five days, to enjoin and restrain the continuance of the

violation. If it shall appear to the satisfaction of the court or

justice that the defendant has violated this section, an injunction may

be issued by the court or justice, enjoining and restraining any further

violation, without requiring proof that any person has, in fact, been

injured or damaged thereby. In any such proceeding, the court may make

allowances to the attorney general as provided in paragraph six of

subdivision (a) of section eighty-three hundred three of the civil

practice law and rules, and direct restitution.

b. Whenever the court shall determine that a violation of this section

has occurred, it may impose a civil penalty of not more than one

thousand dollars for each violation. In connection with an application

made under this subdivision, the attorney general is authorized to take

proof and to make a determination of the relevant facts and to issue

subpoenas in accordance with the civil practice law and rules.