Requires the terms of a motor vehicle sales contract entered into in the city of New York to be written in the language in which such contract was negotiated; requires retail motor vehicle dealers who negotiate primarily in any language other than English to deliver to the consumer a translation of such contract in the language in which such contract was negotiated; provides remedies to aggrieved consumers.
STATE OF NEW YORK
________________________________________________________________________
2332
2011-2012 Regular Sessions
IN ASSEMBLY
January 18, 2011
___________
Introduced by M. of A. P. RIVERA, MILLMAN, COLTON, J. RIVERA -- Multi-
Sponsored by -- M. of A. ARROYO, CAHILL, CLARK, GOTTFRIED, HEASTIE,
HIKIND, HOOPER, JACOBS, V. LOPEZ, MAYERSOHN, McDONOUGH, ORTIZ, RAMOS,
N. RIVERA, ROBINSON, TITUS, TOWNS, WEINSTEIN, WEISENBERG, WRIGHT --
read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the administrative code of the city of New York, in
relation to requiring certain contracts to be written in the language
in which such contracts were negotiated
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 20-700.1 to read as follows:
3 § 20-700.1 Contracts in certain languages for the sale or lease of new
4 or used motor vehicles. Any retail motor vehicle dealer who negotiates
5 primarily in a language other than English, orally or in writing, in the
6 course of entering into a contract for the sale or lease of a new or
7 used motor vehicle, shall deliver to the consumer who is the other party
8 to such contract and prior to the execution of such contract, an
9 unsigned translation of such contract, in the language in which such
10 contract was negotiated.
11 a. In addition to the penalties imposed under this subchapter, failure
12 to comply with the provisions of this section shall entitle the
13 aggrieved consumer to cancel such contract. Upon a failure to comply
14 with the provisions of this section, the aggrieved consumer may cancel
15 the contract. For purposes of this section, cancellation shall be deemed
16 to have occurred when written notice of cancellation is given to the
17 retail dealer. Notice of cancellation, if mailed, shall be deemed deliv-
18 ered on the date of the postmark. Notice of cancellation shall be suffi-
19 cient if such notice indicates the intention of the consumer not to be
20 bound by such contract. If a consumer cancels a contract pursuant to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00037-01-1
A. 2332 2
1 this subdivision, the retail dealer shall not impose any penalty or
2 obligation upon such consumer. When a contract, which has been sold and
3 assigned to a financial institution is canceled pursuant to this
4 section, such consumer shall make restitution to and have restitution
5 made by the retail dealer with whom he or she made the contract, and
6 shall give notice of cancellation to the assignee. Notwithstanding that
7 the contract was assigned without recourse, the assignment shall be
8 deemed canceled and the assignor shall promptly repurchase the contract
9 from the assignee.
10 b. The terms of the contract which is executed in the English language
11 shall determine the rights and obligations of the parties. However, the
12 translation of the contract in any language other than English in which
13 the contract was negotiated shall be admissible in evidence only to show
14 that no contract was entered into because of a substantial difference in
15 the material terms and conditions of the contract and the translation.
16 c. The provisions of this section shall be in addition to any other
17 rights to revoke an offer.
18 § 2. This act shall take effect on the one hundred twentieth day after
19 it shall have become a law and shall apply to contracts entered into on
20 or after such date.
