2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
396-Q - New motor vehicles; sales and leases.

 
    §  396-q. New motor vehicles; sales and leases. 1. Whenever a consumer
  agrees to purchase or lease a new motor vehicle, as defined  in  section
  one  hundred  twenty-five  of  the vehicle and traffic law and excluding
  class A, B and C limited use  motorcycles  as  defined  in  section  one
  hundred  twenty-one-b  of the vehicle and traffic law, from a dealer and
  signs a contract supplied by such dealer, the dealer or an  employee  of
  the  dealer  shall  also  sign  the contract.   For purposes of contract
  formation,  such  signature  shall  be  presumed  to  be  an  authorized
  signature.
    2.  If  a  trade-in  allowance is agreed upon between a consumer and a
  dealer, such allowance must be contained in writing within the contract.
  If a consumer signs a contract supplied by a dealer for the purchase  or
  lease of a motor vehicle and the contract contains a trade-in allowance,
  such  allowance  shall  not  be  reduced  upon  delivery of the trade-in
  vehicle; provided  that  the  value  of  the  trade-in  vehicle  is  not
  materially  diminished  as  a  result  of physical damage, alteration or
  deterioration in mechanical condition other than normal wear and tear.
    3. If an interest rate on the financing  of  the  sale  of  a  car  is
  offered  to the consumer by the dealer, at the time a deposit is made or
  a bona fide customer order is executed,  that  interest  rate  shall  be
  guaranteed  by the dealer as of the date of the deposit or order, if the
  financing of the sale is to be provided by the dealer.  If  an  interest
  rate on the financing of the sale of a car is offered to the consumer by
  a  manufacturer,  through  a  dealer, at the time a deposit is made or a
  bona fide customer order  is  executed,  that  interest  rate  shall  be
  guaranteed  by  the manufacturer as of the date of the deposit or order,
  if the financing of the sale is to be provided by the  manufacturer.  If
  an interest rate on the financing of the sale of a car is offered to the
  consumer by a financing agency as defined by subdivision nine of section
  three hundred one of the personal property law, through a dealer, at the
  time  a  deposit is made or a bona fide customer order is executed, that
  interest rate shall be guaranteed by such financing  agency  as  of  the
  date  of  the  deposit  or  order, if the financing of the sale is to be
  provided by such financing agency.
    4. If at the time a new motor vehicle is delivered by a dealer to  the
  consumer,  such  motor vehicle is not equipped with the specific options
  or equipment ordered by the  consumer  as  stipulated  in  the  purchase
  contract,  the  dealer  shall  offer  to  reduce the price stated in the
  contract by the dollar  amount  of  the  equipment  that  has  not  been
  provided.  No dealer shall be entitled to receive or collect payment for
  any  ordered merchandise, accessories or equipment which in fact was not
  provided at the time of delivery of  the  vehicle  unless  the  consumer
  indicates  a  willingness in writing to wait for a stated period of time
  for the option or equipment to become available or be installed. Nothing
  in this subdivision shall in any way limit the rights or remedies  which
  are  otherwise available to a consumer under any other provision of law,
  including, but not limited to, the right to refuse to accept delivery of
  a vehicle not equipped as stipulated in the purchase contract.
    5. Any dealer or  employee  of  a  dealer  who  violates  any  of  the
  provisions  of this section shall be guilty of an offense and subject to
  a fine not to exceed fifty dollars.
    In addition, any individual  injured  by  reason  of  a  violation  of
  subdivision three of this section, may bring an action to recover actual
  damages and reasonable attorney's fees and costs.