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 section four hundred fifteen of the vehicle and traffic law.
b. "Motor vehicle" as defined in section one hundred twenty-five of the vehicle and traffic law and excluding class A, B and C limited use motorcycles as defined in 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.
Last modified: February 3, 2019