senate Bill S900

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to consumer protection
Jan 05, 2011 referred to consumer protection

S900 - Details

Law Section:
General Business Law
Laws Affected:
Amd §396-p, add §198-d, Gen Bus L; amd §337, Pers Prop L
Versions Introduced in 2009-2010 Legislative Session:
S1545

S900 - 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.

S900 - Sponsor Memo

S900 - Bill Text download pdf

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

                                   900

                       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 Consumer 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
CONSUMER NOT TO BE BOUND BY SUCH  CONTRACT.  IF  A  CONSUMER  CANCELS  A
CONTRACT  PURSUANT TO THIS PARAGRAPH, 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

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

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