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

 
    §   396-qq.  New  and  used  motor  vehicles;  sales  and  leases.  1.
  Definitions. The following terms when used in  this  section,  shall  be
  deemed to mean and include:
    a.  "Dealer" as defined in section four hundred fifteen of the vehicle
  and traffic law.
    b. "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.
    2.  Whenever  a  dealer  provides  to a purchaser or lessee of a motor
  vehicle the service of securing a  registration  and/or  certificate  of
  title  for  such  vehicle from the commissioner of motor vehicles or his
  issuing agent, the dealer shall either calculate the actual registration
  and/or certificate of title charges due, or make a good  faith  estimate
  in  each transaction of the amount of such charges on the sales contract
  or lease agreement.  If such charges are estimated, the dealer shall set
  forth on such sales  contract  or  lease  agreement  or  on  a  separate
  document  to  be  initialled  by  the purchaser or lessee in conspicuous
  boldface type, the following disclosure: "THE AMOUNT INDICATED  ON  THIS
  SALES  CONTRACT OR LEASE AGREEMENT FOR REGISTRATION AND TITLE FEES IS AN
  ESTIMATE. IN SOME INSTANCES, IT MAY  EXCEED  THE  ACTUAL  FEES  DUE  THE
  COMMISSIONER  OF  MOTOR  VEHICLES.  THE  DEALER  WILL AUTOMATICALLY, AND
  WITHIN SIXTY DAYS OF SECURING SUCH REGISTRATION AND  TITLE,  REFUND  ANY
  AMOUNT  OVERPAID  FOR  SUCH  FEES."   If such charges are estimated, the
  dealer shall, within sixty days of securing such registration and title,
  refund to the purchaser or lessee the difference between  the  estimated
  amount  collected  from  such  purchaser or lessee by the dealer and the
  actual fees paid to the commissioner of motor vehicles by the dealer.
    3. Where a violation of this section is alleged to have occurred,  the
  attorney general may apply in the name of the people of the state of New
  York  to  the supreme court of the state of New York within the judicial
  district in which such violation is alleged to have occurred, on  notice
  of  five  days, for an order enjoining or restraining the continuance of
  such violation. In any such proceeding the  court  may  impose  a  civil
  penalty  in  an  amount  not  to  exceed  five hundred dollars and order
  restitution to aggrieved consumers.