Bill Text: NY A03537 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires the terms of a motor vehicle sales contract entered into in the city of New York to be written in the language in which such contract was negotiated; requires retail motor vehicle dealers who negotiate primarily in any language other than English to deliver to the consumer a translation of such contract in the language in which such contract was negotiated; provides remedies to aggrieved consumers.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2014-01-22 - enacting clause stricken [A03537 Detail]

Download: New_York-2013-A03537-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3537
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2013
                                      ___________
       Introduced  by M. of A. WEINSTEIN, MILLMAN, COLTON -- Multi-Sponsored by
         -- M. of A. CLARK, GOTTFRIED, HEASTIE, HOOPER, JACOBS,  ORTIZ,  WRIGHT
         --  read  once  and  referred to the Committee on Consumer Affairs and
         Protection
       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to requiring certain contracts to be written in the language
         in which such contracts were negotiated
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The administrative code of the city of New York is amended
    2  by adding a new section 20-700.1 to read as follows:
    3    S 20-700.1 CONTRACTS IN CERTAIN LANGUAGES FOR THE SALE OR LEASE OF NEW
    4  OR USED MOTOR VEHICLES. ANY RETAIL MOTOR VEHICLE DEALER  WHO  NEGOTIATES
    5  PRIMARILY IN A LANGUAGE OTHER THAN ENGLISH, ORALLY OR IN WRITING, IN THE
    6  COURSE  OF  ENTERING  INTO  A CONTRACT FOR THE SALE OR LEASE OF A NEW OR
    7  USED MOTOR VEHICLE, SHALL DELIVER TO THE CONSUMER WHO IS THE OTHER PARTY
    8  TO SUCH CONTRACT AND  PRIOR  TO  THE  EXECUTION  OF  SUCH  CONTRACT,  AN
    9  UNSIGNED  TRANSLATION  OF  SUCH  CONTRACT, IN THE LANGUAGE IN WHICH SUCH
   10  CONTRACT WAS NEGOTIATED.
   11    A. IN ADDITION TO THE PENALTIES IMPOSED UNDER THIS SUBCHAPTER, FAILURE
   12  TO COMPLY  WITH  THE  PROVISIONS  OF  THIS  SECTION  SHALL  ENTITLE  THE
   13  AGGRIEVED  CONSUMER  TO  CANCEL  SUCH CONTRACT. UPON A FAILURE TO COMPLY
   14  WITH THE PROVISIONS OF THIS SECTION, THE AGGRIEVED CONSUMER  MAY  CANCEL
   15  THE CONTRACT. FOR PURPOSES OF THIS SECTION, CANCELLATION SHALL BE DEEMED
   16  TO  HAVE  OCCURRED  WHEN  WRITTEN NOTICE OF CANCELLATION IS GIVEN TO THE
   17  RETAIL DEALER. NOTICE OF CANCELLATION, IF MAILED, SHALL BE DEEMED DELIV-
   18  ERED ON THE DATE OF THE POSTMARK. NOTICE OF CANCELLATION SHALL BE SUFFI-
   19  CIENT IF SUCH NOTICE INDICATES THE INTENTION OF THE CONSUMER NOT  TO  BE
   20  BOUND  BY  SUCH  CONTRACT.  IF A CONSUMER CANCELS A CONTRACT PURSUANT TO
   21  THIS SUBDIVISION, THE RETAIL DEALER SHALL  NOT  IMPOSE  ANY  PENALTY  OR
   22  OBLIGATION  UPON SUCH CONSUMER. WHEN A CONTRACT, WHICH HAS BEEN SOLD AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03548-01-3
       A. 3537                             2
    1  ASSIGNED TO  A  FINANCIAL  INSTITUTION  IS  CANCELED  PURSUANT  TO  THIS
    2  SECTION,  SUCH  CONSUMER  SHALL MAKE RESTITUTION TO AND HAVE RESTITUTION
    3  MADE BY THE RETAIL DEALER WITH WHOM HE OR SHE  MADE  THE  CONTRACT,  AND
    4  SHALL  GIVE NOTICE OF CANCELLATION TO THE ASSIGNEE. NOTWITHSTANDING THAT
    5  THE CONTRACT WAS ASSIGNED WITHOUT  RECOURSE,  THE  ASSIGNMENT  SHALL  BE
    6  DEEMED  CANCELED AND THE ASSIGNOR SHALL PROMPTLY REPURCHASE THE CONTRACT
    7  FROM THE ASSIGNEE.
    8    B. THE TERMS OF THE CONTRACT WHICH IS EXECUTED IN THE ENGLISH LANGUAGE
    9  SHALL DETERMINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES. HOWEVER,  THE
   10  TRANSLATION  OF THE CONTRACT IN ANY LANGUAGE OTHER THAN ENGLISH IN WHICH
   11  THE CONTRACT WAS NEGOTIATED SHALL BE ADMISSIBLE IN EVIDENCE ONLY TO SHOW
   12  THAT NO CONTRACT WAS ENTERED INTO BECAUSE OF A SUBSTANTIAL DIFFERENCE IN
   13  THE MATERIAL TERMS AND CONDITIONS OF THE CONTRACT AND THE TRANSLATION.
   14    C. THE PROVISIONS OF THIS SECTION SHALL BE IN ADDITION  TO  ANY  OTHER
   15  RIGHTS TO REVOKE AN OFFER.
   16    S 2. This act shall take effect on the one hundred twentieth day after
   17  it  shall have become a law and shall apply to contracts entered into on
   18  or after such date.