Senate Bill S5484B

2015-2016 Legislative Session

Establishes the automobile sales protection act

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • 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

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Bill Amendments

co-Sponsors

2015-S5484 - Details

See Assembly Version of this Bill:
A7935
Current Committee:
Senate Judiciary
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:
S5275, A6619

2015-S5484 - 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-S5484 - Sponsor Memo

2015-S5484 - Bill Text download pdf

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

                                  5484

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced by Sens. SAVINO, KLEIN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

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 EXEMPTION.
        552. ATTORNEY'S FEES.
        553. DESIGN AND PROMULGATION OF EXEMPTION FORM.
  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11019-02-5
              

co-Sponsors

2015-S5484A - Details

See Assembly Version of this Bill:
A7935
Current Committee:
Senate Judiciary
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:
S5275, A6619

2015-S5484A - 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-S5484A - Sponsor Memo

2015-S5484A - Bill Text download pdf

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

                                 5484--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced by Sens. SAVINO, KLEIN -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Judiciary -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11019-03-5

              

co-Sponsors

2015-S5484B (ACTIVE) - Details

See Assembly Version of this Bill:
A7935
Current Committee:
Senate Judiciary
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:
S5275, A6619

2015-S5484B (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-S5484B (ACTIVE) - Sponsor Memo

2015-S5484B (ACTIVE) - Bill Text download pdf

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

                                 5484--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced by Sens. SAVINO, KLEIN -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Judiciary -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11019-07-5
              

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