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This entry was published on 2014-09-22
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SECTION 336
Business purpose statement
Personal Property (PEP) CHAPTER 41, ARTICLE 9-A
§ 336. Business purpose statement. 1. A preprinted or typewritten
affirmation or other provision indicating that a vehicle is being leased
primarily for agricultural, business or commercial use shall be
inadmissible in evidence in any trial, hearing, action or proceeding on
behalf of a lessor or holder unless the affirmation or other provision
is printed or typewritten in a separate document signed by the lessee
that contains: (a) a space which the lessee must complete in order to
identify the nature of his or her business; and (b) directly above the
space reserved for the signature of the lessee, a conspicuous statement
informing the lessee that important consumer protections will not apply
if the vehicle is being leased primarily for agricultural, business or
commercial use.

2. This section shall not apply if the retail lease agreement
contains: (a) a provision permitting the lessee to specify whether the
vehicle is being leased primarily for personal, family or household use
or primarily for agricultural, business or commercial use; and (b)
either in close proximity to the provisions permitted by paragraph (a)
of this subdivision or directly above the notice required by paragraph
(c) of subdivision two of section three hundred thirty-seven of this
article, a notice printed or written in a size equal to at least
eight-point bold type that is substantially similar to the following
notice: "WARNING: Important consumer protections may not apply if this
agreement indicates that you are leasing the vehicle primarily for
agricultural, business or commercial use."

3. The statement by the lessee of the purpose for which the vehicle is
being leased shall not be dispositive of the issue of whether the
vehicle is being leased primarily for personal, family or household use.
In determining whether the vehicle is being leased primarily for
personal, family or household use, the court shall consider any other
factors relevant to that determination.