NEW YORK LEMON LAW (failure to disclose vehicle was a lemon).
417-a. Mandatory disclosures
by sellers prior to resale. (New York State
Consolidated Laws : Vehicle & Traffic)
"Certificate of prior nonconformity by manufacturer or dealer. Upon the
sale or transfer of title by a manufacturer, its
agent or any dealer
of any second-hand motor vehicle, previously returned to a manufacturer or
dealer for
nonconformity to its warranty or after final
determination, adjudication or settlement pursuant to section
one hundred
ninety-eight-a or one hundred ninety-eight-b of the general
business law, the manufacturer or
dealer shall execute and deliver to
the buyer an instrument in writing in a form prescribed
by
the commissioner setting forth the following information in ten point, all
capital type:
"IMPORTANT: THIS VEHICLE WAS
RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM
TO ITS WARRANTY
AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS
PROVIDED
BYNEW YORK LAW." Such notice that a vehicle was returned to the manufacturer or
dealer because it did not conform to its
warranty shall also be conspicuously printed on the motor vehicle`s
certificate of title.
3. Violation. The failure of a dealer to
deliver to the buyer the instrument required by this section or the
delivery of an instrument
containing false or misleading information shall constitute a violation of
this section.
4. Private Remedy. A consumer injured by a violation of this
section may bring an action to recover damages.
Judgment
may be entered for three times the actual damages suffered by a consumer
or one hundred dollars, whichever is greater.
A court also may award reasonable attorneys` fees to a prevailing plaintiff
buyer."
http://caselaw.lp.findlaw.com/scripts/getcode.pl?frame=right2&code=NY&ls=claws&law=127&art=28
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QUALIFICATIONS AND EXPERIENCE OF
THIS LAW OFFICE
Howard A. Gutman has successfully handled over 200 lemon law and automobile breach of warranty cases. He is the author of the leading article on the lemon law published in the New Jersey Law Journal. Prior to establishing his practice, Mr. Gutman was employed by one of the leading law firms in New Jersey and a prominent international law firm located in the Wall Street area. He has appeared on Good Day New Jersey been interviewed by NBC Nightly News and Newsday, and his cases have been profiled in the Star Ledger, Bureau of National Affairs Magazine, and New York Times.
HOW DO I CONTACT YOU
Law Offices of Howard A. Gutman,
230 Route 206, Flanders, New Jersey 07836
(973) 598-1980, E-mail Howian@aol.com
Fax (973) 598-19828
New York Office
305 Madison Avenue, Suite 449
New York, New York 10165
FREE INITIAL CONSULTATION
We offer a free initial telephone consultation to discuss your lemon law case. Please feel free to call or e-mail our office.
Keywords, failure to disclose, used car fraud, New York lemon law, failure to disclose prior lemon, deceptive practice.
Links
New York lemon law statute
Lemon law questions
Lemon law home page
2003
New York state report on the lemon law
New York used car lemon law arbitration and court.htm