Assembly Bill A6619

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6619
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2017
                                ___________
 
 Introduced  by M. of A. GJONAJ, ARROYO, HOOPER -- 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.
   § 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.
              

                                                            LBD10494-01-7

 A. 6619                             2
 
   (C) ANY USED VEHICLE THAT IS OPERATED  MORE  THAN  TWO  HUNDRED  FIFTY
 MILES DURING THE COOLING-OFF PERIOD.
   §  551.  COOLING-OFF  PERIOD  DISCLOSURE. 1. THE COMMISSIONER OF MOTOR
 VEHICLES SHALL ESTABLISH AND DISTRIBUTE A DISCLOSURE STATEMENT INFORMING
 PURCHASERS OF USED MOTOR VEHICLES OF THEIR RIGHTS PURSUANT TO THIS ARTI-
 CLE.
   2. PRIOR TO THE DELIVERY OF ANY USED MOTOR VEHICLE  PURCHASED  FROM  A
 DEALER,  SUCH  DEALER  SHALL  PROVIDE  THE PURCHASER WITH THE DISCLOSURE
 STATEMENT ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS  SECTION,  AND
 BOTH THE DEALER AND THE PURCHASER SHALL SIGN SUCH STATEMENT.
   §  552.  ATTORNEY'S  FEES. ANY PREVAILING PLAINTIFF UNDER THIS ARTICLE
 SHALL BE ENTITLED TO REASONABLE  ATTORNEY'S  FEES  TO  BE  PAID  BY  THE
 DEFENDANT.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided that, effective immediately, the commission-
 er of motor vehicles is authorized to  take  any  actions  necessary  to
 implement  the provisions of this act on its effective date on or before
 such date.