Legislation
SECTION 396-QQ
New and used motor vehicles; sales and leases
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 396-qq. New and used motor vehicles; sales and leases. 1.
Definitions. The following terms when used in this section, shall be
deemed to mean and include:
a. "Dealer" as defined in section four hundred fifteen of the vehicle
and traffic law.
b. "Motor vehicle" as defined in section one hundred twenty-five of
the vehicle and traffic law and excluding class A, B and C limited use
motorcycles as defined in section one hundred twenty-one-b of the
vehicle and traffic law.
2. Whenever a dealer provides to a purchaser or lessee of a motor
vehicle the service of securing a registration and/or certificate of
title for such vehicle from the commissioner of motor vehicles or his
issuing agent, the dealer shall either calculate the actual registration
and/or certificate of title charges due, or make a good faith estimate
in each transaction of the amount of such charges on the sales contract
or lease agreement. If such charges are estimated, the dealer shall set
forth on such sales contract or lease agreement or on a separate
document to be initialled by the purchaser or lessee in conspicuous
boldface type, the following disclosure: "THE AMOUNT INDICATED ON THIS
SALES CONTRACT OR LEASE AGREEMENT FOR REGISTRATION AND TITLE FEES IS AN
ESTIMATE. IN SOME INSTANCES, IT MAY EXCEED THE ACTUAL FEES DUE THE
COMMISSIONER OF MOTOR VEHICLES. THE DEALER WILL AUTOMATICALLY, AND
WITHIN SIXTY DAYS OF SECURING SUCH REGISTRATION AND TITLE, REFUND ANY
AMOUNT OVERPAID FOR SUCH FEES." If such charges are estimated, the
dealer shall, within sixty days of securing such registration and title,
refund to the purchaser or lessee the difference between the estimated
amount collected from such purchaser or lessee by the dealer and the
actual fees paid to the commissioner of motor vehicles by the dealer.
3. Where a violation of this section is alleged to have occurred, the
attorney general may apply in the name of the people of the state of New
York to the supreme court of the state of New York within the judicial
district in which such violation is alleged to have occurred, on notice
of five days, for an order enjoining or restraining the continuance of
such violation. In any such proceeding the court may impose a civil
penalty in an amount not to exceed five hundred dollars and order
restitution to aggrieved consumers.
Definitions. The following terms when used in this section, shall be
deemed to mean and include:
a. "Dealer" as defined in section four hundred fifteen of the vehicle
and traffic law.
b. "Motor vehicle" as defined in section one hundred twenty-five of
the vehicle and traffic law and excluding class A, B and C limited use
motorcycles as defined in section one hundred twenty-one-b of the
vehicle and traffic law.
2. Whenever a dealer provides to a purchaser or lessee of a motor
vehicle the service of securing a registration and/or certificate of
title for such vehicle from the commissioner of motor vehicles or his
issuing agent, the dealer shall either calculate the actual registration
and/or certificate of title charges due, or make a good faith estimate
in each transaction of the amount of such charges on the sales contract
or lease agreement. If such charges are estimated, the dealer shall set
forth on such sales contract or lease agreement or on a separate
document to be initialled by the purchaser or lessee in conspicuous
boldface type, the following disclosure: "THE AMOUNT INDICATED ON THIS
SALES CONTRACT OR LEASE AGREEMENT FOR REGISTRATION AND TITLE FEES IS AN
ESTIMATE. IN SOME INSTANCES, IT MAY EXCEED THE ACTUAL FEES DUE THE
COMMISSIONER OF MOTOR VEHICLES. THE DEALER WILL AUTOMATICALLY, AND
WITHIN SIXTY DAYS OF SECURING SUCH REGISTRATION AND TITLE, REFUND ANY
AMOUNT OVERPAID FOR SUCH FEES." If such charges are estimated, the
dealer shall, within sixty days of securing such registration and title,
refund to the purchaser or lessee the difference between the estimated
amount collected from such purchaser or lessee by the dealer and the
actual fees paid to the commissioner of motor vehicles by the dealer.
3. Where a violation of this section is alleged to have occurred, the
attorney general may apply in the name of the people of the state of New
York to the supreme court of the state of New York within the judicial
district in which such violation is alleged to have occurred, on notice
of five days, for an order enjoining or restraining the continuance of
such violation. In any such proceeding the court may impose a civil
penalty in an amount not to exceed five hundred dollars and order
restitution to aggrieved consumers.