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This entry was published on 2019-01-18
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SECTION 417-C
Mandatory disclosures by sellers prior to resale
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 4, ARTICLE 16
§ 417-c. Mandatory disclosures by sellers prior to resale. 1.
Certificate of prior nonconformity by manufacturer or dealer. Upon the
sale or transfer of title by a manufacturer, its agent or any dealer of
any second-hand fire vehicle or ambulance, previously returned to a
manufacturer or dealer for nonconformity to its warranty or after final
determination, adjudication or settlement pursuant to section one
hundred nine-d of the general municipal law, the manufacturer or dealer
shall execute and deliver to the buyer an instrument in writing in a
form prescribed by the commissioner setting forth the following
information printed in conspicuous in ten point, all capital type:
"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER
BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION
WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK LAW."
Such notice that a vehicle was returned to the manufacturer or dealer
because it did not conform to its warranty shall also be conspicuously
printed on the motor vehicle's certificate of title.

2. Violation. The failure of a manufacturer or dealer to deliver to
the buyer the instrument required by this section or the delivery of an
instrument containing false or misleading information shall constitute a
violation of this section.

3. Private remedy. A consumer injured by a violation of this section
may bring an action to recover damages. Judgment may be entered for
three times the actual damages suffered by a consumer or one hundred
dollars, whichever is greater. A court also may award reasonable
attorneys' fees to a prevailing plaintiff buyer.

4. Action by the attorney general. a. Upon any violation of this
section, an application may be made by the attorney general in the name
of the people of the state of New York to a court or justice having
jurisdiction to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of the
violation. If it shall appear to the satisfaction of the court or
justice that the defendant has violated this section, an injunction may
be issued by the court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding, the court may award
a sum not exceeding two thousand dollars against each defendant, whether
or not costs have been awarded, and direct restitution.

b. Whenever the court shall determine that a violation of this section
has occurred, it may impose a civil penalty of not more than one
thousand dollars for each violation. In connection with an application
made under this subdivision, the attorney general is authorized to take
proof and to make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.