FAILURE TO DISCLOSE VEHICLE WAS A LEMON IN NEW YORK

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.

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.

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.”
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