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Assembly Bill A5017

2009-2010 Legislative Session

Requires motor vehicle sales contracts to be written in the language in which such contracts were negotiated

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Archive: Last Bill Status - In Assembly Committee

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2009-A5017 (ACTIVE) - Details

See Senate Version of this Bill:
S1545
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §396-p, add §198-c, Gen Bus L; amd §337, Pers Prop L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3653, S900
2013-2014: A2366, S648

2009-A5017 (ACTIVE) - Summary

Requires motor vehicle sales and lease contract terms be written in the language in which such contracts were negotiated; requires retail motor vehicle dealers who negotiate primarily in languages other than English deliver to consumers a translation of such contracts in the language in which such contracts were negotiated; provides remedies to aggrieved consumers.

2009-A5017 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5017

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of A. P. RIVERA, MILLMAN, ESPAILLAT, COLTON, POWELL,
  GREENE, J. RIVERA -- Multi-Sponsored by -- M. of  A.  ALFANO,  ARROYO,
  BARRA,  BENJAMIN,  BOYLAND,  CAHILL,  CLARK, DIAZ, GOTTFRIED, HEASTIE,
  HIKIND, HOOPER, JACOBS, V. LOPEZ, MAYERSOHN, McDONOUGH, ORTIZ,  PERAL-
  TA,  RAMOS,  N. RIVERA, ROBINSON, TITUS, TOWNS, WEINSTEIN, WEISENBERG,
  WRIGHT -- read once and referred to the Committee on Consumer  Affairs
  and Protection

AN  ACT to amend the general business law and the personal property law,
  in relation to requiring  certain  contracts  to  be  written  in  the
  language in which such contracts were negotiated

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 396-p of the general  business  law,  as  added  by
chapter  736 of the laws of 1978, is amended by adding a new subdivision
2-a to read as follows:
  2-A. ANY RETAIL DEALER WHO NEGOTIATES PRIMARILY IN  A  LANGUAGE  OTHER
THAN  ENGLISH,  ORALLY  OR  IN WRITING, IN THE COURSE OF ENTERING INTO A
CONTRACT PROVIDED FOR IN  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  SHALL  DELIVER  TO THE CONSUMER WHO IS THE OTHER PARTY TO SUCH
CONTRACT AND PRIOR TO THE EXECUTION OF SUCH CONTRACT, AN UNSIGNED TRANS-
LATION OF SUCH CONTRACT, IN THE LANGUAGE  IN  WHICH  SUCH  CONTRACT  WAS
NEGOTIATED.
  (A) IN ADDITION TO THE PENALTIES IMPOSED UNDER SUBDIVISION SIX OF THIS
SECTION, FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL
ENTITLE  THE  AGGRIEVED CONSUMER TO CANCEL SUCH CONTRACT. UPON A FAILURE
TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, THE AGGRIEVED CONSUM-
ER MAY CANCEL THE CONTRACT. FOR PURPOSES OF THIS SUBDIVISION,  CANCELLA-
TION  SHALL  BE DEEMED TO HAVE OCCURRED WHEN WRITTEN NOTICE OF CANCELLA-
TION IS GIVEN TO THE RETAIL DEALER. NOTICE OF CANCELLATION,  IF  MAILED,
SHALL BE DEEMED DELIVERED ON THE DATE OF THE POSTMARK. NOTICE OF CANCEL-
LATION SHALL BE SUFFICIENT IF SUCH NOTICE INDICATES THE INTENTION OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04959-01-9

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