S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5275
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2017
                                ___________
 
 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 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
 S. 5275                             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.