Bill Text: NY S05274 | 2017-2018 | General Assembly | Introduced

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Bill Title: Authorizes the superintendent of financial services to oversee and regulate car dealer transactions with consumers; requires motor vehicle retail installment contracts to include an itemized listing of all costs related to the purchase of a motor vehicle and disclosure of the prohibition of conditional delivery; requires motor vehicle dealers to provide credit applicants with copies of all credit application documents; prohibits the conditional delivery of a motor vehicle.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO BANKS [S05274 Detail]

Download: New_York-2017-S05274-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5274
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 20, 2017
                                       ___________
        Introduced  by  Sens.  SAVINO, KLEIN, HAMILTON -- read twice and ordered
          printed, and when printed to be committed to the Committee on Banks
        AN ACT to amend the financial services law, in relation  to  authorizing
          the superintendent of financial services to oversee and regulate sales
          of motor vehicles to consumers; to amend the personal property law, in
          relation   to   the  contents  of  motor  vehicle  retail  installment
          contracts; and to amend the vehicle and traffic law,  in  relation  to
          requiring  motor  vehicle  dealers to provide credit applicants with a
          copy of all loan application documents,  and  prohibiting  conditional
          deliveries of motor vehicles
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Section 301 of the financial services law  is  amended  by
     2  adding a new subsection (d) to read as follows:
     3    (d)  The  superintendent  shall have the power to oversee and regulate
     4  the financing of both new and used  motor  vehicles  purchased  in  this
     5  state,  including  the  implementation  of  article nine of the personal
     6  property law, and motor  vehicle  dealer  transactions  with  consumers,
     7  including  those  subject  to  the  provisions of article sixteen of the
     8  vehicle and traffic law.
     9    § 2. Section 302 of the personal property law is amended by adding two
    10  new subdivisions 5-a and 5-b to read as follows:
    11    5-a. Every retail installment contract  shall  include  the  following
    12  statement in twelve point type:
    13    "Conditional  Deliveries  Prohibited: In accordance with Section 417-d
    14  of the New York State Vehicle and Traffic Law,  when  this  contract  is
    15  signed  by the dealer and the buyer, and the buyer takes the vehicle off
    16  the dealer lot, the buyer is the owner of the vehicle and has the  right
    17  to  keep the vehicle except for reasons of non-payment of this contract.
    18  The dealer may not demand that the vehicle be returned for  any  reason,
    19  including  alleged denial of any financing. Dealers and lenders may only
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00441-01-7
        S. 5274                             2
     1  demand the vehicle be returned for reasons of non-payment by the  buyer.
     2  Dealers cannot make an exception to this provision with another contract
     3  or document."
     4    5-b.  Every  retail installment contract shall separately itemize each
     5  of the following:
     6    (a) the price paid for the motor vehicle;
     7    (b) the price of each option, add-on and additional charge relating to
     8  the sale of the motor vehicle;
     9    (c) all fees imposed by a lender upon the dealer or buyer  related  to
    10  financing the purchase of the motor vehicle;
    11    (d) the total price of the motor vehicle including all charges imposed
    12  pursuant to paragraphs (a), (b) and (c) of this subdivision.
    13    § 3. The vehicle and traffic law is amended by adding two new sections
    14  417-c and 417-d to read as follows:
    15    §  417-c. Credit applications for purchase of motor vehicles. 1. Every
    16  dealer which applies for or grants  eligibility  for  the  provision  of
    17  credit for the purchase of a motor vehicle shall review and confirm with
    18  the  applicant  for such credit all information included in the applica-
    19  tion therefor. Such  review  and  confirmation  shall  include  specific
    20  consideration of each item of information as to its accuracy to the best
    21  of  the  knowledge  of  the parties. No such application shall be deemed
    22  complete nor shall it be submitted unless  the  dealer  and  the  credit
    23  applicant shall have signed their signatures attesting that all informa-
    24  tion  in the application is accurate and true to the best of their know-
    25  ledge.
    26    2. The failure of any dealer to comply with  the  provisions  of  this
    27  section, shall grant any credit applicant, who takes delivery of a motor
    28  vehicle purchased on the basis of credit acquired for him or her by such
    29  dealer,  the option to void the sale of such motor vehicle within thirty
    30  days of the delivery of such vehicle.  Upon  the  voiding  of  any  sale
    31  pursuant  to  this subdivision the dealer shall immediately repay to the
    32  purchaser all costs incurred by such purchaser as a consequence  of  the
    33  voided  sale, including any financing charges and interest, and the fair
    34  market private sale value of any motor vehicle traded-in in  the  course
    35  of such sale. Furthermore, in the event a purchaser commences a cause of
    36  action  to  enforce  the  provisions  of  this subdivision, a prevailing
    37  purchaser shall be entitled to court  costs  and  reasonable  attorney's
    38  fees.
    39    3.  The  provisions  of  this section shall not be deemed to limit any
    40  other right or remedy of a plaintiff in law or equity.
    41    § 417-d. Conditional deliveries; prohibited. 1. No motor vehicle  sold
    42  by  a dealer shall be delivered to the possession of a purchaser subject
    43  to any condition to be complied with after delivery of possession of the
    44  motor vehicle.
    45    2. All terms and conditions of the sale of a motor  vehicle  shall  be
    46  fully  and  clearly disclosed, in writing, to the purchaser prior to the
    47  delivery of possession of such vehicle, and shall be signed by both  the
    48  dealer and the purchaser.
    49    3.  Every  dealer  shall  provide  a  copy  of the written disclosures
    50  required by subdivision two of this section, and shall also  maintain  a
    51  copy thereof for a period of not less than seven years.
    52    §  4. This act shall take effect on the first of January next succeed-
    53  ing the date on which it shall have become a law.