2006 New York Code - Mandatory Disclosures By Second-hand Dealers Prior To Resale.

 
    § 417-b. Mandatory disclosures by second-hand dealers prior to resale.
  1.  Upon  the sale or transfer of title by any dealer of any second-hand
  motor vehicle which was manufactured  or  assembled  on  or  after  July
  first,  nineteen  hundred  ninety-one and designed as a nineteen hundred
  ninety-two or later model and which the dealer knows or  has  reason  to
  know  that such vehicle is not equipped with a tamper-resistant odometer
  as  provided  in  subdivision  forty-six  of   section   three   hundred
  seventy-five  of  this  chapter, the 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  IS  NOT  EQUIPPED   WITH   A
  TAMPER-RESISTANT  ODOMETER."  Such notice that a vehicle is not equipped
  with a tamper-resistant odometer shall also be conspicuously printed  on
  the motor vehicle's certificate of title.
    2.  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.
    3. 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. 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 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.