Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 12, 2011 |
enacting clause stricken |
Jan 05, 2011 |
referred to consumer affairs and protection |
Assembly Bill A893
2011-2012 Legislative Session
Sponsored By
PHEFFER
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-A893 (ACTIVE) - Details
- Law Section:
- General Business Law
- Laws Affected:
- Amd §198-b, Gen Bus L
- Versions Introduced in 2009-2010 Legislative Session:
-
A4911
2011-A893 (ACTIVE) - Summary
Establishes when a used car dealer has to refund a consumer his or her money for failing to correct a malfunction or defect as required by the warranty, that such refund may be less an amount equal to twenty-five cents per mile for each mile in excess of the mileage applicable to the vehicle that the vehicle has been driven since the consumer purchased or leased the vehicle from the dealer.
2011-A893 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 893 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. PHEFFER -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to the refund to a consumer of money from a used car dealership for failing to correct a malfunction or defect THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision c of section 198-b of the gener- al business law, as amended by chapter 444 of the laws of 1989, is amended to read as follows: 1. If the dealer or his agent fails to correct a malfunction or defect as required by the warranty specified in this section which substantial- ly impairs the value of the used motor vehicle to the consumer after a reasonable period of time, the dealer shall accept return of the used motor vehicle from the consumer and refund to the consumer the full purchase price, or in the case of a lease contract all payments made under the contract, including sales or compensating use tax, less AN AMOUNT EQUAL TO TWENTY-FIVE CENTS PER MILE FOR EACH MILE IN EXCESS OF THE MILEAGE APPLICABLE TO THE VEHICLE CONTAINED IN SUBDIVISION B OF THIS SECTION THAT THE VEHICLE HAS BEEN DRIVEN SINCE THE CONSUMER PURCHASED OR LEASED THE VEHICLE FROM THE DEALER, AND LESS a reasonable allowance for any damage not attributable to normal wear or usage, and adjustment for any modifications which either increase or decrease the market value of the vehicle or of the lease contract, and in the case of a lease contract, shall cancel all further payments due from the consumer under the lease contract. In determining the purchase price to be refunded or in determining all payments made under a lease contract to be refunded, the purchase price, or all payments made under a lease contract, shall be deemed equal to the sum of the actual cash difference paid for the used motor vehicle, or for the lease contract, plus, if the dealer EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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