N.Y. General Business Law Section 395
Required disclosure of prior use


1.

Whenever any person, firm, corporation or association engaged in the business of retailing merchandise to the public, or agent, employee or sales representative thereof shall offer used, rebuilt, reconditioned or repossessed television or radio receiving sets, phonographs, or major household appliances, for sale to the public, the seller shall affix to such merchandise offered for sale a tag or sticker which shall state as appropriate that such merchandise has been used, rebuilt, reconditioned, repossessed, or rebranded and used. If such merchandise is offered for sale to the public by any means of advertisement, announcement, card, sign, label, tag or other means of communication, the said advertisement, announcement, card, sign, laber, tag or other means of communication must also contain in the description of such merchandise the appropriate word or words of the following: used, rebuilt, reconditioned, repossessed, or rebranded and used. Nothing in this section shall be construed to apply to merchandise sold as antique goods and so advertised or described, jewelry, imported oriental rugs, floor samples, nor to any merchandise returned by a retail customer the cash sales price for which is canceled or refunded or fully credited.

2.

A violation of this section with the intent to deceive a prospective or potential purchaser of such merchandise shall constitute a misdemeanor.

3.

Proof that any person, firm, corporation or association engaged in the business of retailing merchandise to the public, or agent, employee or sales representative thereof who has offered such merchandise for sale to the public has failed to comply with subdivision one of this section shall be presumptive evidence of the intent to deceive mentioned in subdivision two of this section.

4.

Upon a showing by the attorney general in an application for an injunction that any person, firm, corporation or association engaged in the business of retailing merchandise to the public, or agent, employee or sales representative thereof who has offered such merchandise for sale to the public has failed to comply with subdivision one of this section, the supreme court after a hearing may issue a permanent injunction enjoining and restraining such action or violation, without requiring proof that any person has, in fact, been misled or deceived or otherwise damaged thereby.

Source: Section 395 — Required disclosure of prior use, https://www.­nysenate.­gov/legislation/laws/GBS/395 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

390
Substitution of spurious oils for internal combustion engines
390‑A
Optical discs
390‑B
Anti-phishing act of 2006
390‑BB
Cramming prohibited
390‑C
Prohibit persons under eighteen years of age in certain facilities
390‑C*2
Posting of warnings by commercial entities offering internet access to the public
390‑D
Information concerning services for human trafficking victims in facilities at truck stops
390‑E
Unauthorized installation of certain security devices prohibited
390‑E*2
Skimming awareness notice
391
Marking retreaded, recapped or recut tires
391‑A
Unlawful acts relating to liquid fuels, lubricating oils and similar products
391‑B
Prohibit any sale of dangerous clothing articles
391‑C
Sale of bicycles
391‑CC
Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io...
391‑CC*2
Sale of bicycles with electric assist and micromobility devices
391‑D
Sale of matchbooks
391‑E
Promotion of camps by certain organizations
391‑F
Promotion of private schools by certain organizations
391‑G
Rental of motor vehicles
391‑H
Lubricating oils
391‑I
Sale of urea-formaldehyde foam insulation
391‑J
Sale of fire extinguishers
391‑JJ
Sale of electric space heaters
391‑K
Automatic garage door opening systems
391‑L
Personal emergency response service agreements
391‑L*2
Rental of motor vehicles
391‑M
Manufacture and sale of in-line skates
391‑N
Sale of reptiles
391‑OO
Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building
391‑P
Prohibit the rental of clothing articles previously worn
391‑Q
Rebates
391‑S
Sale and distribution of novelty lighters prohibited
391‑T
Sale of small animals
391‑U
Pricing goods and services on the basis of gender prohibited
391‑U*2
Restrictions on the sale and use of firefighting equipment containing PFAS chemicals
391‑V
Third-party food delivery agreements
392
Second-hand watches
392‑A
Sale of new computers
392‑B
False labels and misrepresentations
392‑C
Obliteration of marks of origin
392‑D
Using false marks as to manufacture
392‑E
Using false statements or altering mileage registering devices
392‑F
Taximeters
392‑G
Sale of ultraviolet radiation devices
392‑H
Trash receptacles
392‑I
Prices reduced to reflect change in sales tax computation
392‑J
Sales of sparkling devices
393
Lime
393‑A
Non fire rated wood paneling
393‑B
Written solicitation
393‑C
Sale of required labor postings
393‑D
Sale of certified copies of property deeds
393‑E
Sale of abandoned property location services
393‑F
Voluntary third-party notification
394
Lost or destroyed certificate of stock
394‑A
Proof of lost negotiable paper
394‑B
Limitations on certain contracts for instruction or use of physical or social training facilities
394‑C
Limitations on certain contracts involving social referral services
394‑CC
Internet dating safety
394‑CCC
Social media networks
394‑D
Privity of contract between franchise seller and customer or patron of dealer
394‑E
Report on request for abortional services
394‑F
Warrants for reproductive health related electronic data
395
Required disclosure of prior use
395‑A
Maintenance agreements

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 395’s source at nysenate​.gov

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