2006 New York Code - Mandatory Disclosures By Sellers Prior To Resale.

 
    § 417-a. Mandatory   disclosures   by  sellers  prior  to  resale.  1.
  Certificate of prior use by dealer. (a) Upon the  sale  or  transfer  of
  title by a dealer of any second-hand passenger motor vehicle, the dealer
  shall  execute  and  deliver  to the buyer an instrument in writing in a
  form prescribed by the commissioner which shall set forth the nature  of
  the  principal  prior  use  of such vehicle when the dealer knows or has
  reason to know that such use was as a taxicab,  rental  vehicle,  police
  vehicle,  or  vehicle  which  has  been  repurchased  pursuant to either
  section one hundred ninety-eight-a or one hundred ninety-eight-b of  the
  general  business  law,  a  similar  statute  of  another  state,  or an
  arbitration or alternative dispute procedure.
    (b) Upon the sale or transfer of title by a dealer  of  any  passenger
  motor vehicle that the dealer knows or has reason to know was previously
  used as a driver education vehicle, the dealer shall execute and deliver
  to  the  buyer  an  instrument  in  writing  in a form prescribed by the
  commissioner acknowledging such prior use.
    2. 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 motor vehicle, previously returned to a manufacturer
  or  dealer  for  nonconformity  to   its   warranty   or   after   final
  determination,  adjudication  or  settlement  pursuant  to  section  one
  hundred ninety-eight-a or one  hundred  ninety-eight-b  of  the  general
  business  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 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.
    3. Violation. The failure of a 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.
    4.  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.
    5.  a.  Action  by  the  attorney  general. 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  make
  allowances  to  the  attorney  general  as  provided in paragraph six of
  subdivision (a) of section  eighty-three  hundred  three  of  the  civil
  practice law and rules, 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.