N.Y. General Business Law Section 396-QQ
New and used motor vehicles

  • sales and leases

1.

Definitions. The following terms when used in this section, shall be deemed to mean and include:

a.

“Dealer” as defined in Vehicle & Traffic Law § 415 (Registration of manufacturers, dealers, repairmen and others)section four hundred fifteen of the vehicle and traffic law.

b.

“Motor vehicle” as defined in Vehicle & Traffic Law § 125 (Motor vehicles)section one hundred twenty-five of the vehicle and traffic law and excluding class A, B and C limited use motorcycles as defined in Vehicle & Traffic Law § 121-B (Limited use motorcycle)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.

Source: Section 396-QQ — New and used motor vehicles; sales and leases, https://www.­nysenate.­gov/legislation/laws/GBS/396-QQ (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
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 396-QQ’s source at nysenate​.gov

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