Section 396-QQ. New and used motor vehicles; sales and leases  


Latest version.
  • 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.