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

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

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 fire vehicle or ambulance, previously returned to a

manufacturer or dealer for nonconformity to its warranty or after final

determination, adjudication or settlement pursuant to section one

hundred nine-d of the general municipal 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 printed in conspicuous 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.

2. Violation. The failure of a manufacturer or 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.

3. 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.

4. Action by the attorney general. a. 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 award

a sum not exceeding two thousand dollars against each defendant, whether

or not costs have been awarded, 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.