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Assembly Bill A4125

2015-2016 Legislative Session

Requires motor vehicle dealers to search for recalls prior to selling a used motor vehicle

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Archive: Last Bill Status - On Floor Calendar

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2015-A4125 (ACTIVE) - Details

See Senate Version of this Bill:
S5209
Law Section:
General Business Law
Laws Affected:
Add §198-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6522, S5616
2017-2018: A2665
2019-2020: A5194
2021-2022: A6041
2023-2024: A6549
2025-2026: A2176

2015-A4125 (ACTIVE) - Summary

Requires motor vehicle dealers to search for recalls prior to selling a used motor vehicle and requires the dealer to either make the required repairs or to notify the purchaser, in writing, of the recall.

2015-A4125 (ACTIVE) - Bill Text download pdf 

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

                                  4125

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M. of A. DenDEKKER, BENEDETTO, DINOWITZ, COOK, BUCHWALD,
  MONTESANO, ROBINSON, HOOPER, GALEF, GRAF, WEPRIN -- Multi-Sponsored by
  -- M. of A. GOTTFRIED, SEPULVEDA -- read  once  and  referred  to  the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to requiring motor
  vehicle  dealers  to  search for recalls prior to selling a used motor
  vehicle

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

  Section 1. The general business law is amended by adding a new section
198-d to read as follows:
  S  198-D.  USED  MOTOR VEHICLES; RECALLS. 1.   FOR THE PURPOSE OF THIS
SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
AND TRAFFIC LAW.
  (B) "USED MOTOR VEHICLE" MEANS ANY VEHICLE WHICH IS NOT DEEMED A  "NEW
MOTOR  VEHICLE"  PURSUANT  TO  PARAGRAPH H OF SUBDIVISION ONE OF SECTION
FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW.
  2. PRIOR TO OFFERING A CONTRACT FOR SALE OF A USED  MOTOR  VEHICLE  AT
RETAIL,  THE DEALER, OR HIS OR HER AGENT, SHALL MAKE A GOOD FAITH EFFORT
TO DETERMINE WHETHER A MANUFACTURER HAS ISSUED ANY RECALL APPLICABLE  TO
SUCH USED MOTOR VEHICLE. UPON DETERMINING THAT A MANUFACTURER HAS ISSUED
ANY  RECALL  APPLICABLE  TO SUCH USED MOTOR VEHICLE, A DEALER, OR HIS OR
HER AGENT, MUST:
  (A) MAKE OR CAUSE REPAIRS TO BE MADE PURSUANT  TO  THE  MANUFACTURER'S
RECALL SUCH THAT THE RECALL IS SATISFIED; OR
  (B)  PROVIDE  THE  PROSPECTIVE  BUYER, IN A SEPARATE WRITTEN NOTICE, A
LISTING OF ANY AND ALL MANUFACTURER'S RECALLS APPLICABLE  TO  SUCH  USED
MOTOR VEHICLE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07998-01-5

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