Section 336. Business purpose statement  


Latest version.
  • 1. A preprinted or typewritten
      affirmation or other provision indicating that a vehicle is being leased
      primarily  for  agricultural,  business  or  commercial  use  shall   be
      inadmissible  in evidence in any trial, hearing, action or proceeding on
      behalf of a lessor or holder unless the affirmation or  other  provision
      is  printed  or  typewritten in a separate document signed by the lessee
      that contains: (a) a space which the lessee must complete  in  order  to
      identify  the  nature of his or her business; and (b) directly above the
      space reserved for the signature of the lessee, a conspicuous  statement
      informing  the lessee that important consumer protections will not apply
      if the vehicle is being leased primarily for agricultural,  business  or
      commercial use.
        2.  This  section  shall  not  apply  if  the  retail  lease agreement
      contains: (a) a provision permitting the lessee to specify  whether  the
      vehicle  is being leased primarily for personal, family or household use
      or primarily for agricultural,  business  or  commercial  use;  and  (b)
      either  in  close proximity to the provisions permitted by paragraph (a)
      of this subdivision or directly above the notice required  by  paragraph
      (c)  of  subdivision  two  of section three hundred thirty-seven of this
      article, a notice printed or  written  in  a  size  equal  to  at  least
      eight-point  bold  type  that  is substantially similar to the following
      notice:  "WARNING: Important consumer protections may not apply if  this
      agreement  indicates  that  you  are  leasing  the vehicle primarily for
      agricultural, business or commercial use."
        3. The statement by the lessee of the purpose for which the vehicle is
      being leased shall not be  dispositive  of  the  issue  of  whether  the
      vehicle is being leased primarily for personal, family or household use.
      In  determining  whether  the  vehicle  is  being  leased  primarily for
      personal, family or household use, the court shall  consider  any  other
      factors relevant to that determination.