STATE OF NEW YORK
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6619
2017-2018 Regular Sessions
IN ASSEMBLY
March 10, 2017
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Introduced by M. of A. GJONAJ, ARROYO, HOOPER -- read once and referred
to the Committee on Consumer Affairs and Protection
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:
1 Section 1. Article 12 and sections 550 and 551 of the personal proper-
2 ty law, as renumbered by chapter 792 of the laws of 1986, are renumbered
3 article 13 and sections 600 and 601, respectively, and a new article 12
4 is added to read as follows:
5 ARTICLE 12
6 AUTOMOBILE SALES PROTECTION ACT
7 Section 550. Cooling-off period for all used car sales made at dealer-
8 ships.
9 551. Cooling-off period disclosure.
10 552. Attorney's fees.
11 § 550. Cooling-off period for all used car sales made at dealerships.
12 1. Purchasers of used vehicles at car dealers shall have a three day
13 cooling-off period to begin at the close of the sale, when the purchaser
14 takes the vehicle off the lot. This cooling-off period shall not apply
15 to purchases of new vehicles. During this period, the consumer may
16 return the used vehicle to the dealer at any time, for any reason, for a
17 full refund of the purchase price, cancellation of any financing, and a
18 return of their trade-in, or alternatively, the trade-in's fair market
19 private sale value. The dealer must return the trade-in if it is still
20 available.
21 2. The provisions of subdivision one of this section shall not apply
22 to:
23 (a) any used vehicle that is damaged in any way during the cooling-off
24 period, at which time the sale shall be deemed final;
25 (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
A. 6619 2
1 (c) any used vehicle that is operated more than two hundred fifty
2 miles during the cooling-off period.
3 § 551. Cooling-off period disclosure. 1. The commissioner of motor
4 vehicles shall establish and distribute a disclosure statement informing
5 purchasers of used motor vehicles of their rights pursuant to this arti-
6 cle.
7 2. Prior to the delivery of any used motor vehicle purchased from a
8 dealer, such dealer shall provide the purchaser with the disclosure
9 statement established pursuant to subdivision one of this section, and
10 both the dealer and the purchaser shall sign such statement.
11 § 552. Attorney's fees. Any prevailing plaintiff under this article
12 shall be entitled to reasonable attorney's fees to be paid by the
13 defendant.
14 § 2. This act shall take effect on the sixtieth day after it shall
15 have become a law; provided that, effective immediately, the commission-
16 er of motor vehicles is authorized to take any actions necessary to
17 implement the provisions of this act on its effective date on or before
18 such date.