senate Bill S898

2011-2012 Legislative Session

Requires the terms of a motor vehicle sales contract entered into in NYC to be written in the language in which such contracts were negotiated

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to cities
Jan 05, 2011 referred to cities

S898 - Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add ยง20-700.1, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S1546

S898 - Summary

Requires the terms of a motor vehicle sales contract entered into in the city of New York to be written in the language in which such contract was negotiated; requires retail motor vehicle dealers who negotiate primarily in any language other than English to deliver to the consumer a translation of such contract in the language in which such contract was negotiated; provides remedies to aggrieved consumers.

S898 - Sponsor Memo

S898 - Bill Text download pdf

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

                                   898

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  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. The administrative code of the city of New York is amended
by adding a new section 20-700.1 to read as follows:
  S 20-700.1 CONTRACTS IN CERTAIN LANGUAGES FOR THE SALE OR LEASE OF NEW
OR USED MOTOR VEHICLES. ANY RETAIL MOTOR VEHICLE DEALER  WHO  NEGOTIATES
PRIMARILY IN A LANGUAGE OTHER THAN ENGLISH, ORALLY OR IN WRITING, IN THE
COURSE  OF  ENTERING  INTO  A CONTRACT FOR THE SALE OR LEASE OF A NEW OR
USED MOTOR VEHICLE, SHALL DELIVER TO THE CONSUMER WHO IS THE OTHER PARTY
TO SUCH CONTRACT AND  PRIOR  TO  THE  EXECUTION  OF  SUCH  CONTRACT,  AN
UNSIGNED  TRANSLATION  OF  SUCH  CONTRACT, IN THE LANGUAGE IN WHICH SUCH
CONTRACT WAS NEGOTIATED.
  A. IN ADDITION TO THE PENALTIES IMPOSED UNDER THIS SUBCHAPTER, FAILURE
TO COMPLY  WITH  THE  PROVISIONS  OF  THIS  SECTION  SHALL  ENTITLE  THE
AGGRIEVED  CONSUMER  TO  CANCEL  SUCH CONTRACT. UPON A FAILURE TO COMPLY
WITH THE PROVISIONS OF THIS SECTION, THE AGGRIEVED CONSUMER  MAY  CANCEL
THE CONTRACT. FOR PURPOSES OF THIS SECTION, CANCELLATION SHALL BE DEEMED
TO  HAVE  OCCURRED  WHEN  WRITTEN NOTICE OF CANCELLATION IS GIVEN TO THE
RETAIL DEALER. NOTICE OF CANCELLATION, IF MAILED, SHALL BE DEEMED DELIV-
ERED ON THE DATE OF THE POSTMARK. NOTICE OF CANCELLATION SHALL BE SUFFI-
CIENT IF SUCH NOTICE INDICATES THE INTENTION OF THE CONSUMER NOT  TO  BE
BOUND  BY  SUCH  CONTRACT.  IF A CONSUMER CANCELS A CONTRACT PURSUANT TO
THIS SUBDIVISION, THE RETAIL DEALER SHALL  NOT  IMPOSE  ANY  PENALTY  OR
OBLIGATION  UPON SUCH CONSUMER. WHEN A CONTRACT, WHICH HAS BEEN SOLD AND
ASSIGNED TO  A  FINANCIAL  INSTITUTION  IS  CANCELED  PURSUANT  TO  THIS

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

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