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New York Statutes Applicable to Common Topics Concerning Motor Vehicles (Other Then the Lemon Laws Discussed Elsewhere)

The following is a partial list of the New York Statutes applicable to common topics concerning motor vehicles other then the Lemon Laws discussed elsewhere.  This list is for reference and convenience only and is not intended as an exhaustive list of New York Statutes involving such wide topics ranging from odometer fraud to required disclosure of prior damage to vehicles or the like.

  • Automobile Auctions: General Business Law § 23(c) and §25
    Recordkeeping and disclosure requirements for vehicle auctions
  • Bonding Statute: Vehicle and Traffic Law § 415(6-b)
    Requirement of dealers to provide bonds for protection of consumers who obtain judgments against dealers who fail to satisfy same.
  • Dealer Licensing Statutes: Vehicle and Traffic Law §§ 415 and 417-a
    A dealer’s license may be suspended or revoked for: being found guilty of fraud or fraudulent practices, dishonest or misleading advertising, being convicted of any crime involving dishonesty or deceit.  Dealers are required to give consumers written notification of a used motor vehicle’s principal prior commercial uses.
  • Lemon Laundering Statute: Vehicle and Traffic Law § 417-a(2)
    Requirements of manufacturer or dealer to disclose upon resale of motor vehicle that same was previously returned for none conformity of warranty or after final determination, adjudication or settlement of a lemon law claim or used as taxi, rental or police vehicle.
  • New Car Damage Disclosure: General Business Law § 396-p(5)(a)
    Dealers are required to disclose prior damage when the cost of repairs exceeds 5% of the suggested retail price.
  • Odometer Statutes: General Business Law § 392-e and Vehicle and Traffic Laws §§ 375 (46) and 417-b
    Prohibited false odometer disclosure statements or misrepresentation of the true mileage of vehicles including fines and criminal penalties as well as disclosure of vehicles that do not have tamper-resistant odometers.
  • Rental Vehicles: General Business Law § 396-Z
    Limits on liability for damages or loss, which reduces need for extra insurance.
  • RICO Statute: Penal Law § § 460.00 to 460.80
    Criminal penalties and attorneys fees applicable to define criminal acts within the statute.
  • Salvage Vehicle and Natural Disaster Statutes: Vehicle and Traffic Law §§ 429, 430; Insurance Law § 3412; and General Business Law § 396-k
    Requirement of disclosure of salvaged vehicles, those that were acquired by an insurance company in settlement of a damage claim, and requirement that same be inspected before a new certificate of title may be issued; and required notice in writing by any seller of vehicles damaged by disaster or fire.
  • Used Vehicle Damage Disclosure: 15 NYCRR Part 78.13; 11 NYCRR §216.7; Insurance Law § 3412.
    Regulation of the Commissioner of Motor Vehicles requires damages exceeding 75% of the retail value at the time of loss be disclosed in writing to both wholesale and retail purchasers before the sale.Further pursuant to New York Insurance Law Regulations, an insurance company must “total” the insured’s vehicle and buy back same from the insured and have title branded “Rebuilt Salvage” if the cost of anticipated repairs exceeds 75% or more of the fair market value of the value.
  • Transfer of Title: Vehicle and Traffic Law §§ 2101-2135
    At delivery is when the dealer is required to give the title.  Limitation of time periods for delivery of title by dealer and for buyer to register vehicle with the appropriate agency within thirty (30) days of transfer.
  • UDAP Statute(s): Executive Law § 63(12)
    Unfair and Deceptive Acts or Practices in financing is prohibited by State and federal statutes.  The FTC, Attorney General or consumers may prosecute violations and seek damages and fines.
  • Common Law Fraud:
    There are civil and criminal penalties as well as punitive damages to remedy instances of fraud under the common law (case law) as well as various other statutes.