2014 New York Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
396-Q - New motor vehicles; sales and leases.

NY Gen Bus L § 396-Q (2014) What's This?

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.


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