- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Mar 10, 2017 | referred to consumer affairs and protection |
co-Sponsors
Carmen E. Arroyo
Earlene Hooper
Felix Ortiz
Michael G. Miller
View additional co-sponsorsVivian Cook
Michael Blake
Andrew Raia
Michaelle C. Solages
Pamela Harris
multi-Sponsors
Alicia Hyndman
Phil Steck
2017-A6619 (ACTIVE) - Details
See Senate Version of this Bill: S5275 Current Committee: Assembly Consumer Affairs And Protection Law Section: Personal Property Law Laws Affected: Ren Art 12 §§550 & 551 to be Art 13 §§600 & 601, add Art 12 §§550 - 552, Pers Prop L Versions Introduced in 2015-2016 Legislative Session: A7935, S5484
2017-A6619 (ACTIVE) - Summary
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.
2017-A6619 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6619 2017-2018 Regular Sessions I N A S S E M B L Y 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: Section 1. Article 12 and sections 550 and 551 of the personal proper- ty law, as renumbered by chapter 792 of the laws of 1986, are renumbered article 13 and sections 600 and 601, respectively, and a new article 12 is added to read as follows: ARTICLE 12 AUTOMOBILE SALES PROTECTION ACT SECTION 550. COOLING-OFF PERIOD FOR ALL USED CAR SALES MADE AT DEALER- SHIPS. 551. COOLING-OFF PERIOD DISCLOSURE. 552. ATTORNEY'S FEES. § 550. COOLING-OFF PERIOD FOR ALL USED CAR SALES MADE AT DEALERSHIPS. 1. PURCHASERS OF USED VEHICLES AT CAR DEALERS SHALL HAVE A THREE DAY COOLING-OFF PERIOD TO BEGIN AT THE CLOSE OF THE SALE, WHEN THE PURCHASER TAKES THE VEHICLE OFF THE LOT. THIS COOLING-OFF PERIOD SHALL NOT APPLY TO PURCHASES OF NEW VEHICLES. DURING THIS PERIOD, THE CONSUMER MAY RETURN THE USED VEHICLE TO THE DEALER AT ANY TIME, FOR ANY REASON, FOR A FULL REFUND OF THE PURCHASE PRICE, CANCELLATION OF ANY FINANCING, AND A RETURN OF THEIR TRADE-IN, OR ALTERNATIVELY, THE TRADE-IN'S FAIR MARKET PRIVATE SALE VALUE. THE DEALER MUST RETURN THE TRADE-IN IF IT IS STILL AVAILABLE. 2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO: (A) ANY USED VEHICLE THAT IS DAMAGED IN ANY WAY DURING THE COOLING-OFF PERIOD, AT WHICH TIME THE SALE SHALL BE DEEMED FINAL; (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 (C) ANY USED VEHICLE THAT IS OPERATED MORE THAN TWO HUNDRED FIFTY MILES DURING THE COOLING-OFF PERIOD. § 551. COOLING-OFF PERIOD DISCLOSURE. 1. THE COMMISSIONER OF MOTOR VEHICLES SHALL ESTABLISH AND DISTRIBUTE A DISCLOSURE STATEMENT INFORMING PURCHASERS OF USED MOTOR VEHICLES OF THEIR RIGHTS PURSUANT TO THIS ARTI- CLE. 2. PRIOR TO THE DELIVERY OF ANY USED MOTOR VEHICLE PURCHASED FROM A DEALER, SUCH DEALER SHALL PROVIDE THE PURCHASER WITH THE DISCLOSURE STATEMENT ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND BOTH THE DEALER AND THE PURCHASER SHALL SIGN SUCH STATEMENT. § 552. ATTORNEY'S FEES. ANY PREVAILING PLAINTIFF UNDER THIS ARTICLE SHALL BE ENTITLED TO REASONABLE ATTORNEY'S FEES TO BE PAID BY THE DEFENDANT. § 2. This act shall take effect on the sixtieth day after it shall have become a law; provided that, effective immediately, the commission- er of motor vehicles is authorized to take any actions necessary to implement the provisions of this act on its effective date on or before such date.
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