2023 New York Laws › VAT - Vehicle and Traffic › Title 4 - Registration of Vehicles › Article 16 - Registration of Dealers and Transporters › 417-C - Mandatory Disclosures by Sellers Prior to Resale.

§  417-c.  Mandatory  disclosures  by  sellers  prior  to  resale.  1.
  Certificate of prior nonconformity by manufacturer or dealer.  Upon  the
  sale  or transfer of title by a manufacturer, its agent or any dealer of
  any second-hand fire vehicle or  ambulance,  previously  returned  to  a
  manufacturer  or dealer for nonconformity to its warranty or after final
  determination,  adjudication  or  settlement  pursuant  to  section  one
  hundred  nine-d of the general municipal law, the manufacturer or dealer
  shall execute and deliver to the buyer an instrument  in  writing  in  a
  form   prescribed  by  the  commissioner  setting  forth  the  following
  information printed in conspicuous  in  ten  point,  all  capital  type:
  "IMPORTANT:  THIS  VEHICLE  WAS  RETURNED  TO THE MANUFACTURER OR DEALER
  BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT  OR  CONDITION
  WAS  NOT  FIXED  WITHIN  A REASONABLE TIME AS PROVIDED BY NEW YORK LAW."
  Such notice that a vehicle was returned to the  manufacturer  or  dealer
  because  it  did not conform to its warranty shall also be conspicuously
  printed on the motor vehicle's certificate of title.
2. Violation. The failure of a manufacturer or dealer  to  deliver  to
  the  buyer the instrument required by this section or the delivery of an
  instrument containing false or misleading information shall constitute a
  violation of this section.
3. Private remedy. A consumer injured by a violation of  this  section
  may  bring  an  action  to  recover damages. Judgment may be entered for
  three times the actual damages suffered by a  consumer  or  one  hundred
  dollars,  whichever  is  greater.  A  court  also  may  award reasonable
  attorneys' fees to a prevailing plaintiff buyer.
4. Action by the attorney general.  a.  Upon  any  violation  of  this
  section,  an application may be made by the attorney general in the name
  of the people of the state of New York to  a  court  or  justice  having
  jurisdiction to issue an injunction, and upon notice to the defendant of
  not  less  than five days, to enjoin and restrain the continuance of the
  violation. If it shall appear  to  the  satisfaction  of  the  court  or
  justice  that the defendant has violated this section, an injunction may
  be issued by the court or justice, enjoining and restraining any further
  violation, without requiring proof that any person has,  in  fact,  been
  injured  or damaged thereby. In any such proceeding, the court may award
  a sum not exceeding two thousand dollars against each defendant, whether
  or not costs have been awarded, and direct restitution.
b. Whenever the court shall determine that a violation of this section
  has occurred, it may impose  a  civil  penalty  of  not  more  than  one
  thousand  dollars  for each violation. In connection with an application
  made under this subdivision, the attorney general is authorized to  take
  proof  and  to  make  a determination of the relevant facts and to issue
  subpoenas in accordance with the civil practice law and rules.