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Assembly Bill A7935

2015-2016 Legislative Session

Establishes the automobile sales protection act

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Archive: Last Bill Status - In Assembly Committee

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2015-A7935 (ACTIVE) - Details

See Senate Version of this Bill:
S5484
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
Personal Property Law
Laws Affected:
Ren Art 12 §§550 & 551 to be Art 13 §§600 & 601, add Art 12 §§550 - 552, Pers Prop L
Versions Introduced in 2017-2018 Legislative Session:
A6619, S5275

2015-A7935 (ACTIVE) - Summary

Establishes the automobile sales protection act; provides for a 3 day cooling off period after the purchase of a used car bought at a dealership.

2015-A7935 (ACTIVE) - Bill Text download pdf 

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

                                  7935

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2015
                               ___________

Introduced by M. of A. GJONAJ -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT  to amend the personal property law, in relation to establishing
  the automobile sales protection act

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

  Section 1. Article 12 and sections 550 and 551 of the personal proper-
ty law, as renumbered by chapter 792 of the laws of 1986, are renumbered
article  13 and sections 600 and 601, respectively, and a new article 12
is added to read as follows:
                               ARTICLE 12
                     AUTOMOBILE SALES PROTECTION ACT
SECTION 550. COOLING-OFF PERIOD FOR ALL USED CAR SALES MADE  AT  DEALER-
               SHIPS.
        551. COOLING-OFF PERIOD DISCLOSURE.
        552. ATTORNEY'S FEES.
  S  550. COOLING-OFF PERIOD FOR ALL USED CAR SALES MADE AT DEALERSHIPS.
1. PURCHASERS OF USED VEHICLES AT CAR DEALERS SHALL  HAVE  A  THREE  DAY
COOLING-OFF PERIOD TO BEGIN AT THE CLOSE OF THE SALE, WHEN THE PURCHASER
TAKES  THE  VEHICLE OFF THE LOT. THIS COOLING-OFF PERIOD SHALL NOT APPLY
TO PURCHASES OF NEW VEHICLES.  DURING  THIS  PERIOD,  THE  CONSUMER  MAY
RETURN THE USED VEHICLE TO THE DEALER AT ANY TIME, FOR ANY REASON, FOR A
FULL  REFUND OF THE PURCHASE PRICE, CANCELLATION OF ANY FINANCING, AND A
RETURN OF THEIR TRADE-IN, OR ALTERNATIVELY, THE TRADE-IN'S  FAIR  MARKET
PRIVATE  SALE  VALUE. THE DEALER MUST RETURN THE TRADE-IN IF IT IS STILL
AVAILABLE.
  2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
TO:
  (A) ANY USED VEHICLE THAT IS DAMAGED IN ANY WAY DURING THE COOLING-OFF
PERIOD, AT WHICH TIME THE SALE SHALL BE DEEMED FINAL;
  (B) ANY USED VEHICLE THAT IS MATERIALLY ALTERED OR MODIFIED; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11019-06-5

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