reglab/statecodes huggingface dataset:
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 332 - Rebate or Discount for Information or Assistance in Lease or Sale of Motor Vehicle.

§  332.  Rebate  or discount for information or assistance in lease or
  sale of motor vehicle. No lessor shall induce or attempt to  induce  any
  person  to enter into an agreement subject to this article by offering a
  subsequent rebate, discount, commission or other consideration,  on  the
  condition  that  the  lessee  provide  information or assistance for the
  purpose of enabling the lessor to either lease or sell a  motor  vehicle
  to another person.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 333 - Pre-Lease Availability of Sample Form of Agreement.

§  333.  Pre-lease  availability  of sample form of agreement.  1. The
lessor of a motor vehicle shall make a blank sample copy of its  current
form  of  retail  lease  agreement  readily available for examination by
prospective lessees by:
(a) Furnishing it upon request prior to the consummation of  a  retail
lease transaction; and
(b)  Posting  in  its  place  of  business a sign stating that a blank
sample copy of its form of retail  lease  agreement  is  available  upon
request.
2.  An assignee who has prepared a form of retail lease agreement that
is used by a lessor shall provide the lessor with blank sample copies of
that form of agreement which the lessor  may  use  to  comply  with  the
delivery requirement imposed upon it by paragraph (a) of subdivision one
of  this section. An assignee who does so shall have no liability if the
lessor to whom those materials are provided fails to  comply  with  this
section.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 336 - Business Purpose Statement.

§  336.  Business  purpose  statement.  1. A preprinted or typewritten
  affirmation or other provision indicating that a vehicle is being leased
  primarily  for  agricultural,  business  or  commercial  use  shall   be
  inadmissible  in evidence in any trial, hearing, action or proceeding on
  behalf of a lessor or holder unless the affirmation or  other  provision
  is  printed  or  typewritten in a separate document signed by the lessee
  that contains: (a) a space which the lessee must complete  in  order  to
  identify  the  nature of his or her business; and (b) directly above the
  space reserved for the signature of the lessee, a conspicuous  statement
  informing  the lessee that important consumer protections will not apply
  if the vehicle is being leased primarily for agricultural,  business  or
  commercial use.
2.  This  section  shall  not  apply  if  the  retail  lease agreement
  contains: (a) a provision permitting the lessee to specify  whether  the
  vehicle  is being leased primarily for personal, family or household use
  or primarily for agricultural,  business  or  commercial  use;  and  (b)
  either  in  close proximity to the provisions permitted by paragraph (a)
  of this subdivision or directly above the notice required  by  paragraph
  (c)  of  subdivision  two  of section three hundred thirty-seven of this
  article, a notice printed or  written  in  a  size  equal  to  at  least
  eight-point  bold  type  that  is substantially similar to the following
  notice:  "WARNING: Important consumer protections may not apply if  this
  agreement  indicates  that  you  are  leasing  the vehicle primarily for
  agricultural, business or commercial use."
3. The statement by the lessee of the purpose for which the vehicle is
  being leased shall not be  dispositive  of  the  issue  of  whether  the
  vehicle is being leased primarily for personal, family or household use.
  In  determining  whether  the  vehicle  is  being  leased  primarily for
  personal, family or household use, the court shall  consider  any  other
  factors relevant to that determination.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 338 - Security Interest Prohibited.

§  338. Security interest prohibited. 1. No retail lease agreement, or
  any other agreement executed by  the  lessee  in  connection  therewith,
  shall provide for the creation of a security interest in any personal or
  real  property  of  the lessee to secure the payment of the debt arising
  from the lease.  This prohibition shall not apply to: (a) the taking  of
  a security deposit, advance payment of rent or other prepayment by cash,
  check  or  similar  means;  (b)  the  retention or exercise by a banking
  organization of a right of set off; or (c) the retention of  a  security
  interest  in  the  proceeds, cancellation refunds or other rights of the
  lessee under any insurance, repair or service  contract  whose  cost  is
  included in the total monthly lease payment.
2.  A  security  interest  taken in violation of this section shall be
  void but shall not otherwise affect  the  validity  of  a  retail  lease
  agreement.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 339 - Notice of Lessee's Reinstatement Rights.

§  339.  Notice  of  lessee's reinstatement rights. After a lessee has
  been in default for ten days solely by reason of his or her  failure  to
  make  timely  rental  payments, the holder of any retail lease agreement
  shall mail or personally deliver to the lessee at his or her last  known
  address  a  written  notice conspicuously setting forth the right of the
  lessee to reinstate  the  agreement,  the  dollar  amount  necessary  to
  reinstate  the  agreement  and the name, address and telephone number of
  the holder  from  which  information  may  be  obtained  regarding  such
  reinstatement.  No notice of reinstatement need be given if:
1.  The  holder does not declare the lessee to be in default under the
  agreement because of his or her failure to make timely rental  payments;
  or
2. The lessee previously was afforded the opportunity to reinstate the
  agreement.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 341 - Restriction on Early Termination Liability.

§  341. Restriction on early termination liability. 1. If an agreement
is terminated early and there is no option to purchase  the  vehicle  or
the  lessee  does not exercise any option he or she may have to purchase
the vehicle, the early termination obligation  of  the  lessee  may  not
exceed an amount equal to the sum of:
(a)  any unpaid rental payments that accrued through the date of early
termination;
(b) any other unpaid  charges,  other  than  excess  mileage  charges,
arising from the failure of the lessee to fulfill his or her obligations
under the agreement;
(c)  any  official  fees  and  taxes  imposed in connection with lease
termination;
(d) a reasonable disposition fee or, in lieu thereof,  the  reasonable
costs of retaking, storing, preparing for sale and selling the vehicle;
(e)  the  difference,  if  any,  between: (i) the adjusted capitalized
cost, and (ii) the sum of all depreciation amounts accrued  through  the
date  of  early  termination, calculated in accordance with the constant
yield method or any other generally accepted actuarial method,  and  the
realized value of the vehicle; and
(f)  an  additional  early  termination  charge which is reasonable in
light of the anticipated or actual harm caused by the default  or  early
termination,  the difficulties of proof of loss and the inconvenience or
nonfeasibility of otherwise obtaining an adequate remedy.
As an alternative to the constant yield and other  generally  accepted
actuarial  methods  of  determining  the  depreciation  amounts  accrued
through  the  date  of  early  termination  of   a   precomputed   lease
transaction, those amounts may be determined under paragraph (e) of this
subdivision  by  using  a  retail  lease agreement under which the lease
charge is calculated on the  adjusted  capitalized  cost  for  the  time
outstanding according to a generally accepted actuarial method.
2.  This  section does not limit or restrict the manner of calculating
the  early  termination  liability  of  a  lessee,  whether  by  way  of
unamortized  capitalized  cost,  discounted  present  value of remaining
rental payments, multiples of monthly payments or otherwise, so long  as
the  early  termination  liability  of  the  lessee does not exceed that
permitted by this section.
3. Any refundable security deposit or advance rental payment  held  by
the  holder  may be retained by the holder and shall be credited against
the early termination obligation of the lessee.
4. There shall be no early termination liability to the lessee  if  he
or she has deceased before the end of such lease.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 342 - Restriction on the Reporting of Early Terminations.

§ 342. Restriction on the reporting of early terminations.  The holder
  of  a  retail  lease  agreement  shall  not  report  the voluntary early
  termination of the agreement to a consumer reporting agency or any other
  person as a derogatory item of information unless the  lessee  fails  to
  satisfy his or her early termination obligations.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 344 - Cancellation of Agreement.

§  344.  Cancellation  of agreement. After the payment of all sums for
  which the lessee is obligated under a retail lease agreement,  and  upon
  written  demand  made  by the lessee, the holder of such agreement shall
  mail to the lessee at his or her last known address good and  sufficient
  documentation  to indicate payment in full. This documentation shall not
  operate to release the lessee from liability for  events  discovered  by
  the holder subsequent to the mailing of such documentation.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 345 - Renegotiations and Extensions.

§  345.  Renegotiations  and  extensions.  1. A renegotiation is a new
  lease which is subject to the disclosure requirements of  section  three
  hundred thirty-seven of this article.
2.  The  disclosure requirements of section three hundred thirty-seven
  of this article are not applicable to any extension of  a  retail  lease
  agreement.  An  extension of a retail lease agreement need not be signed
  contemporaneously by the holder and  the  lessee  if  the  extension  is
  transacted by mail, is for a period of twenty-four months or less and is
  first signed by the holder prior to signature by the lessee.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 347 - Liability of Assignees.

§  347.  Liability  of  assignees.    Except  where  the assignment is
  involuntary or as otherwise specifically provided in this  article,  any
  civil  action  for  a  violation  of  this  article which may be brought
  against a lessor may be maintained against any  subsequent  assignee  of
  the  lessor  only if the violation for which the action or proceeding is
  brought is apparent on the face of the lease application or  the  retail
  lease  agreement.  For purposes of this section, a violation is apparent
  on the face of these documents if:
1. The agreement contains a disclosure which can be determined  to  be
  incomplete  or  inaccurate  from  the  face  of  the  agreement or other
  documents assigned; or
2. The agreement or application either contains a prohibited provision
  or does not contain the  notices,  legend  or  items  required  by  this
  article.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 348 - Transactions Subject to Article by Agreement.

§  348.  Transactions  subject  to article by agreement.  Parties to a
  motor vehicle lease agreement that is not a retail lease  agreement,  as
  defined  in subdivision five of section three hundred thirty-one of this
  article, because the vehicle is not being leased  by  a  natural  person
  primarily  for  personal, family or household use may agree in a writing
  signed by them that the agreement is subject to  this  article.  If  the
  parties  so  agree,  the  agreement  is a retail lease agreement for the
  purposes of this article.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 349 - Applicability of Certain Provisions Hereof to Retail Lease of a Motor Vehicle for Any Use.

§ 349. Applicability of certain provisions hereof to retail lease of a
  motor vehicle for any use.  The provisions of subdivision one of section
  three   hundred   thirty-five,  section  three  hundred  thirty-six  and
  subdivision eleven of section three hundred thirty-seven of this article
  shall apply to a retail lease of a single motor vehicle for any use.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 351 - Supplementary General Principles of Law Applicable.

§  351.  Supplementary  general  principles of law applicable.  Unless
  displaced by the particular provisions of this article,  other  statutes
  of  this state applicable to personal property leases and the principles
  of law and equity, including the law relative to capacity  to  contract,
  principal   and   agent,  estoppel,  fraud,  misrepresentation,  duress,
  coercion, mistake, bankruptcy, or other validating or invalidating cause
  supplement its provisions. In the  event  of  an  inconsistency  between
  another statute of this state applicable to personal property leases and
  this article, the provisions of this article shall control.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 352 - Construction Against Implicit Repeal.

§  352.  Construction  against  implicit  repeal. This article being a
  general act intended as a unified coverage of  its  subject  matter,  no
  part  of  it  shall  be construed to be impliedly repealed by subsequent
  legislation if that construction can reasonably be avoided.
2023 New York Laws › PEP - Personal Property › Article 9-A - Motor Vehicle Retail Leasing Act › 353 - Severability.

§  353.  Severability.  If  any  provision  of  this  article  or  the
  application thereof to any person or circumstances is held invalid,  the
  invalidity  does  not  affect  other  provisions or applications of this
  article which can be given  effect  without  the  invalid  provision  or
  application,  and  to  this  end  the  provisions  of  this  article are
  severable.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 405 - Delivery of Copy of Contract or Obligation; Buyer's Acknowledgment.

§   405.   Delivery   of  copy  of  contract  or  obligation;  buyer's
  acknowledgment.  The seller shall deliver to the buyer, or mail  to  him
  at  his  address  shown  on the contract or obligation, an executed copy
  thereof.  Until the seller does so, a buyer who  has  not  received  the
  goods  or  services  shall  have  an  unconditional  right to cancel the
  contract or obligation and to receive immediate refund of  all  payments
  made  and  redelivery of all goods traded-in to the seller on account of
  or in contemplation of the contract or obligation. Any acknowledgment by
  the buyer of delivery of a copy of the contract or obligation  shall  be
  printed  or written in a size equal to at least ten point bold type and,
  if contained in the contract or obligation, shall also  appear  directly
  above  the space reserved for the buyer's signature. The buyer's written
  acknowledgment, conforming to  the  requirements  of  this  section,  of
  delivery  of  a  copy  of  a contract or obligation shall be presumptive
  evidence of such delivery  and  of  compliance  with  this  section  and
  subdivision four of section four hundred two in any action or proceeding
  by  or  against  an  assignee  of  the  contract  or  obligation without
  knowledge to the contrary when he purchases the contract or obligation.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 406 - Notice of Assignment; Payments.

§  406. Notice of assignment; payments. Unless the buyer has notice of
  actual or intended assignment  of  a  contract,  obligation,  or  credit
  agreement  payment thereunder made by the buyer to the last known holder
  of such contract, obligation or credit agreement shall be  binding  upon
  all subsequent holders or assignees.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 407 - Statements of Account; Receipts.

§  407.  Statements  of  account;  receipts.  At  any  time  after its
  execution,  but  not  later  than  one  year  after  the  last   payment
  thereunder,  the  holder of a contract or obligation shall, upon written
  request of the buyer, give or forward to the buyer a  written  statement
  of  the  dates  and  amounts  of  payments and the total amount, if any,
  unpaid thereunder. Such a statement shall be supplied by the holder once
  each year without charge; if any additional statement  is  requested  by
  the  buyer,  the  holder  shall  supply such statement to the buyer at a
  charge not exceeding one dollar for each additional  statement  supplied
  to the buyer. A buyer shall be given a receipt for any payment when made
  in cash.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 408 - Credit Upon Anticipation of Payments.

§  408.  Credit  upon anticipation of payments. 1. Notwithstanding the
  provisions of any contract or obligation to the contrary, any buyer  may
  pay  it  in full at any time before the maturity of the final instalment
  of the time balance thereof and if he  does  so  shall  receive  and  be
  entitled  to  receive  a  refund  credit  thereon and if the contract or
  obligation included an amount for group credit life insurance a  further
  refund credit thereon for such anticipation, whether or not the maturity
  of  the  time  balance  of the contract was accelerated by the holder by
  reason of the buyer's default.
2. The amount of any such refund credit shall be determined  according
  to a generally acceptable actuarial method.
If the credit service charge imposed on the retail instalment contract
  or  obligation  is computed pursuant to subdivision four of section four
  hundred four of this article, the contract or obligation may be  prepaid
  in full without penalty.
3.  Where the amount of the credit for anticipation of payment is less
  than one dollar no refund need be made. Where the earned credit  service
  charge  amounts  to  less,  there may be retained an amount equal to the
  minimum credit service charge applicable.
4. The amount of the further  refund  credit  for  group  credit  life
  insurance  shall  be  equal  to the excess of the amount included in the
  contract for group credit life  insurance  over  the  premiums  paid  or
  payable  by  the  holder  of  the  contract  for such insurance, if such
  premiums were paid or payable periodically, or the refund  for  unearned
  group  credit  life  insurance  premium  paid  or payable in a lump sum,
  provided that no such further refund credit need be made if  the  amount
  thereof would be less than one dollar.
5.  In  the  event  (i)  the  maturity  of a contract or obligation is
  accelerated due to the default of the buyer or otherwise and judgment is
  obtained, or (ii) repayment  is  made  pursuant  to  group  credit  life
  insurance,  the  buyer  or his legal representative, as the case may be,
  shall be entitled to the same refund credits as if the contract had been
  prepaid in full on the date of acceleration or repayment.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 411 - Terms of Purchase by Financing Agency.

§  411.  Terms  of  purchase  by financing agency. Notwithstanding any
  contrary provision of the personal property law, lien law,  banking  law
  or other law:
1.  A  financing  agency  may  purchase  a retail instalment contract,
  obligation or credit agreement, or indebtedness of a buyer  to  be  paid
  under a credit agreement, from a seller on such terms and conditions and
  for such price as may be mutually agreed upon; and
2.  No filing of the assignment, no filing of any financing statement,
  no notice to the buyer of the assignment, and no  requirement  that  the
  seller  be  deprived  of  dominion  over  payments  upon  the  contract,
  obligation or credit agreement or over the goods if  repossessed  by  or
  returned  to the seller, shall be necessary to the validity of a written
  assignment  of  a  contract,  obligation   or   credit   agreement,   or
  indebtedness  to be paid under a credit agreement, as against creditors,
  subsequent purchasers, pledgees,  mortgagees  or  encumbrancers  of  the
  seller.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 412 - Cancellation.

§ 412. Cancellation. After the payment of all sums for which the buyer
  is  obligated  under  a  contract or obligation, and upon written demand
  made by the buyer, the holder shall deliver, or mail to the buyer at his
  last known address, such one or more good and sufficient instruments  as
  may  be  necessary  to  acknowledge  payment  in full and to release all
  security in the goods. This section does not repeal section  seventy-two
  of this chapter or section two hundred thirty-eight of the lien law.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 412-A - Cancellation of Contracts for Future Consumer Services.

§  412-a.  Cancellation of contracts for future consumer services.  1.
Contract for future consumer services. As referred to in  this  section,
the term "contract for future consumer services" shall mean any contract
entered  into  for  consumer services to be performed in the future on a
lesson-by-lesson or class-by-class basis and offered, sold  or  provided
by  correspondence  schools which for the purposes of this section shall
mean any plan or method used by any person or persons, firm, corporation
or other organization for giving instruction in any form  or  manner  by
correspondence under contract.
2.  No person, including any business entity, may contract to receive,
or demand, in the  event  of  cancellation  of  a  contract  for  future
services, more than the total of:
(a)  five  percent of the cash price, but not to exceed fifty dollars,
and
(b) a pro rata portion of the total price, representing the proportion
of services used or completed.
In addition, the  seller  may  receive  or  demand  the  cost  of  any
ancillary  goods  which the buyer has consumed or wishes to retain after
cancellation of the contract.  In no instance shall the  seller  collect
more than the full contract price from the buyer.
3.  Within  ten days after a contract for future consumer services has
been cancelled, the seller shall tender to the buyer any  payments  made
in   excess  of  the  amounts  permitted  to  be  retained  pursuant  to
subdivision two of this section.
4. Cancellation. Cancellation shall occur:
(a) when the buyer mails to the seller notice of his intent to cancel,
or
(b) where the seller has actual notice of  the  buyer's  intention  to
cancel, or
(c)  where  the buyer fails to attend consecutive scheduled classes or
lessons constituting at least twenty-five percent of the  total  lessons
or  time contracted for, without informing the seller in writing that he
intends to remain enrolled.
5. The contract forms used by the seller shall conspicuously  disclose
the  seller's  cancellation  provisions  in compliance with subdivisions
two, three, and four of this section and  shall  contain  the  following
notice in ten point bold face type:
If you cancel this contract (the seller) may keep only five percent of
the  cash  price,  but not to exceed fifty dollars, and a portion of the
contract price based upon the lessons or services you have used. You may
notify the seller of your intent to cancel by mail,  addressed  to  (the
seller) at (seller's address).
6.  Nothing  in  this  section  shall be construed so as to nullify or
impair any right or rights which a buyer may have against  a  seller  at
common law, by statute, or otherwise.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 414 - Penalties.

§  414.  Penalties.  1.  Any  person  who  shall  wilfully violate any
  provision of this article shall be guilty  of  a  misdemeanor  and  upon
  conviction  shall  be  punished  by  a  fine  not exceeding five hundred
  dollars.
2. In case of failure by any person to comply with the  provisions  of
  this article, the buyer shall have the right to recover from such person
  an  amount  equal to the credit service charge or service charge imposed
  and the amount of any delinquency, collection,  extension,  deferral  or
  refinance charge imposed.
3.  Notwithstanding  the  provisions  of  this section, any failure to
  comply with any provision of this article may be  corrected  within  ten
  days  after  the holder is notified thereof in writing by the buyer and,
  if so corrected, neither the seller nor the holder shall be  subject  to
  any penalty under this section.
4. Subdivision three of this section shall not apply to any person who
  wilfully  violates  any provision of this article in connection with the
  imposition, computation or  disclosures  of  or  relating  to  a  credit
  service  charge  on  a  consolidated  total  of two or more contracts or
  obligations under the provisions of section four hundred  ten,  and  the
  buyer may recover from such person an amount equal to the credit service
  charges   and   any  delinquency,  collection,  extension,  deferral  or
  refinance charges imposed, contracted for or received on  all  contracts
  and  obligations included in the consolidated total and the seller shall
  be barred from the recovery of any such charges.
5. Subdivisions one and three of this section shall not apply  to  any
  person  who  violates subdivision two-a of section four hundred three of
  this article.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 415 - Exceptions.

§ 415. Exceptions. 1. The provisions of sections four hundred nine and
  four hundred eleven of this article shall apply to an instalment sale of
  goods or services for any use.
2.  The provisions of section four hundred eight of this article shall
  apply to an installment sale of equipment used for production of a  farm
  product, as defined in section two of the agriculture and markets law.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 417 - Severability.

§  417.  Severability.  If  any  provision  of  this  article  or  the
  application  thereof  to   any   person   or   circumstances   is   held
  unconstitutional,  the  remainder  of the article and the application of
  such provision to other persons or circumstances shall not  be  affected
  thereby.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 419 - Refund Credit on Cancellation of Credit Related Insurance or Prepayment of Contract.

§  419.  Refund  credit on cancellation of credit related insurance or
  prepayment of contract. The provisions of this article requiring refunds
  and refund credits with respect to group credit life insurance in  cases
  of  cancellation  of  group  credit life insurance or of prepayment of a
  retail instalment contract or obligation shall also require refunds  and
  refund  credits  with  respect  to  credit unemployment insurance, group
  credit accident, group credit health or group credit accident and health
  insurance in cases of cancellation of such insurance or of prepayment of
  a  retail  instalment  contract  or  obligation  which   included   such
  insurance.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 420 - Guaranties to Sellers of Liabilities of Buyers Under Retail Instalment Contracts.

§  420.  Guaranties  to  sellers of liabilities of buyers under retail
instalment contracts. (a) No guaranty given to  the  seller  or  to  the
seller  and  the seller's assignee of the liabilities of a buyer under a
retail instalment  contract  shall  be  valid  unless  the  guaranty  is
incorporated  in  or endorsed on the contract or identifies the contract
and specifies the time balance thereof. A copy of the guaranty  and  the
contract  to  which it relates shall be given or mailed to the guarantor
upon or immediately after the execution and delivery of the guaranty  by
the guarantor. As used in this section, "retail instalment contract" and
"contract"   include   a  retail  instalment  obligation  and  a  retail
instalment contract as defined in the motor  vehicle  retail  instalment
sales  act, constituting article nine of this chapter. This section does
not apply to a guaranty made by  a  seller  or  a  holder  of  a  retail
instalment contract.
(b)  No guaranty given to the seller or to the seller and the seller's
assignee of the  liabilities  of  a  buyer  under  a  retail  instalment
contract shall relate to any future retail instalment contracts.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 421 - Security Interest in Other Property.

§  421.  Security  interest  in  other property. Except as provided in
  section four hundred ten of this chapter, no retail instalment  contract
  or  obligation, or any other agreement executed in connection therewith,
  may provide for the creation of a  security  interest  in  any  real  or
  personal  property, other than the goods which are the subject matter of
  the retail instalment sale, to secure the payment of the time sale price
  under such  contract  or  obligation  or  any  part  thereof;  provided,
  however, that the prohibition of this section shall not be applicable to
  the taking of a mortgage upon real property to secure the payment of the
  time  sale  price  of a retail instalment obligation, if the transaction
  which gave rise to such  obligation  was  the  furnishing  of  goods  or
  services for repairs, alterations or improvements upon, or in connection
  with  buildings  upon, such real property. Any such prohibited provision
  shall be void but  shall  not  otherwise  affect  the  validity  of  the
  contract or obligation.
2023 New York Laws › PEP - Personal Property › Article 10 - Retail Instalment Sales Act › 422 - Claim for Deficiency After Default and Repossession.

§ 422. Claim for deficiency after default and repossession. If a buyer
  defaults  on  any  instalment  of  the  time  sale  price under a retail
  instalment contract, and the holder  obtains  possession  of  the  goods
  which are the subject matter of such contract and disposes of such goods
  as  provided by section 9--610 of the uniform commercial code, the buyer
  shall be liable to the holder for any deficiency to the extent  provided
  in  that section; provided, however, that in calculating such deficiency
  there shall be deducted from the amount thereof as  prescribed  by  such
  section  9--610, an amount equal to that portion of the refund credit to
  which the buyer would have been  entitled  under  section  four  hundred
  eight of this chapter if, at the time the holder disposed of such goods,
  the buyer had not been in default and had prepaid in full the balance of
  the  time  sale price as the amount realized upon the disposition of the
  goods bears to the balance of the time sale price.
2023 New York Laws › PEP - Personal Property › Article 10-A - Door-to-Door Sales Protection Act › 425 - Short Title; Purpose.

§ 425. Short title; purpose. This act may be cited as the door-to-door
  sales  protection  act. The purpose of this act is to afford consumers a
  "cooling-off" period to cancel contracts which are  entered  into  as  a
  result of high pressure door-to-door sales tactics.
2023 New York Laws › PEP - Personal Property › Article 10-A - Door-to-Door Sales Protection Act › 427 - Buyer's or Other Obligor's Right to Cancel.

§  427.  Buyer's or other obligor's right to cancel. 1. In addition to
  any right otherwise to revoke  an  offer,  the  buyer  or  other  person
  obligated  for  any part of the purchase price may cancel a door-to-door
  sale until midnight of the third business day, or until midnight of  the
  seventh  business  day  in the case of a door-to-door sale of a personal
  emergency response service, after the day on which the buyer has  signed
  an agreement or offer to purchase relating to such sale.
2. Cancellation occurs when written notice of cancellation is given to
  the seller.
3.  Notice  of  cancellation,  if given by mail, shall be deemed given
  when deposited in a mailbox properly addressed and postage prepaid.
4. Notice of cancellation need not take the form prescribed and  shall
  be  sufficient  if  it  indicates  the  intention of the buyer not to be
  bound.
2023 New York Laws › PEP - Personal Property › Article 10-A - Door-to-Door Sales Protection Act › 429 - Restoration of Down Payment.

§  429.  Restoration  of  down  payment.  1.  Within  ten days after a
  door-to-door sale has been cancelled or an offer  to  purchase  revoked,
  the  seller shall tender to the buyer all payments made by the buyer and
  any note or other evidence of indebtedness.
2. If the down payment includes goods traded in, the  goods  shall  be
  tendered  in  substantially  as  good  condition as when received by the
  seller. If the seller fails to tender the  goods  as  provided  by  this
  section,  the buyer may elect to recover an amount equal to the trade-in
  allowance stated in the agreement.
3. If the seller refuses within the period prescribed  by  subdivision
  one  to return all payments made by the buyer, he shall be liable to the
  buyer for the said payments and if the buyer is successful in his action
  therefor or appeal thereon,  the  court  shall  award  him  one  hundred
  dollars  plus  reasonable attorney's fees and costs, in addition to such
  payments.
4. Until the seller has complied with  this  section,  the  buyer  may
  retain possession of goods delivered to him by the seller and shall have
  a  lien  on  the  goods in his possession or control for any recovery to
  which he may be entitled.
2023 New York Laws › PEP - Personal Property › Article 10-A - Door-to-Door Sales Protection Act › 430 - Duty of Buyer.

§  430.  Duty  of  buyer. 1. Except as provided by subdivision four of
  section four hundred twenty-nine,  within  a  reasonable  time  after  a
  door-to-door  sale  has  been cancelled or an offer to purchase revoked,
  the buyer upon demand shall tender to the seller any goods delivered  by
  the  seller  pursuant to the sale but need not tender at any place other
  than his residence. If the seller fails to  demand  possession  of  such
  goods  within  a  reasonable  time after cancellation or revocation, the
  goods shall become the property of the buyer without obligation  to  pay
  for them. For the purpose of this section, twenty days shall be presumed
  to be a reasonable time.
2. The buyer shall take reasonable care of the goods in his possession
  both  before  cancellation  or  revocation  and  for  a  reasonable time
  thereafter, during which time the goods are otherwise  at  the  seller's
  risk.
3. If the seller has performed any services pursuant to a door-to-door
  sale  prior  to  its  cancellation,  the seller shall not be entitled to
  compensation therefor.
2023 New York Laws › PEP - Personal Property › Article 10-A - Door-to-Door Sales Protection Act › 431 - Restriction on Assignment of Obligation.

§  431. Restriction on assignment of obligation. 1. A seller shall not
  negotiate, transfer, sell or  assign  any  note  or  other  evidence  of
  indebtedness to a finance company or other third party prior to midnight
  of the fifth business day, or in the case of a contract for door-to-door
  sale  of a personal emergency response service, prior to midnight of the
  ninth business day, following the day the contract  was  signed  or  the
  goods or services were purchased.
2.  The  assignee  of  any  note  or evidence of indebtedness shall be
  subject to all claims and defenses  of  the  buyer  against  the  seller
  arising from the sale notwithstanding any agreement to the contrary, but
  the  assignee's  liability  under  this subdivision shall not exceed the
  amount owing to the assignee  at  the  time  the  claim  or  defense  is
  asserted  against  the assignee.  Rights of the buyer under this section
  can be asserted affirmatively against or as a matter of  defense  to  or
  set-off against a claim by the assignee.
2023 New York Laws › PEP - Personal Property › Article 10-B - Telephone Sales Protection Act › 440 - Short Title; Purpose.

§  440.  Short  title;  purpose.  This  article  may  be  cited as the
  "telephone sales protection act". The purpose  of  this  article  is  to
  afford  consumers  a "cooling-off" period to cancel a sale which is made
  as a result of high pressure telephone sales tactics.
2023 New York Laws › PEP - Personal Property › Article 10-B - Telephone Sales Protection Act › 442 - Buyer's or Other Obligor's Right to Cancel.

§  442.  Buyer's or other obligor's right to cancel. 1. In addition to
  any other right otherwise to revoke an offer, the buyer or other  person
  obligated  for  any  part of the purchase price may cancel the telephone
  sale until midnight of the third business day after the day on which the
  buyer has received written notice from the seller notifying the buyer of
  his right to cancel the telephone sale.
2. Cancellation occurs when written notice of cancellation is given to
  the seller.
3. Notice of cancellation shall be deemed given when  deposited  in  a
  mailbox properly addressed and postage prepaid.
4.  Notice of cancellation shall be deemed received on midnight of the
  fifth day after it is deemed given.
5. Notice of cancellation need not take the form prescribed and  shall
  be  sufficient  if  it  indicates  the  intention of the buyer not to be
  bound.
2023 New York Laws › PEP - Personal Property › Article 10-B - Telephone Sales Protection Act › 443 - Form of Notice; Statement of Buyer's Rights.

§  443. Form of notice; statement of buyer's rights. 1. In a telephone
  sale, the seller shall furnish to the buyer, in  the  same  language  as
  that principally used in the sales presentation, a written notice, which
  shall  contain  in not less than ten-point boldface type, a statement in
  substantially the following form:
"You, the buyer, may cancel this transaction without  any  penalty  or
  obligation at any time prior to midnight of the third business day after
  receipt  of  this  notice. If you cancel, any payments made by you under
  the sale will be credited to your charge  account  within  ten  business
  days  following  receipt  by  the  seller  of  your  written  notice  of
  cancellation and any security interest arising out  of  the  transaction
  will be cancelled.
If  you  cancel,  you  must  make  available  to  the  seller  at your
  residence, in substantially as good  condition  as  when  received,  any
  goods  delivered  to you under this contract of sale; or you may, if you
  wish, comply with the instruction of the  seller  regarding  the  return
  shipment of the goods at the seller's expense and risk.
If  you  do make the goods available to the seller and the seller does
  not pick them up within twenty days  of  the  date  of  your  notice  of
  cancellation, you may retain or dispose of the goods without any further
  obligation. If you fail to make the goods available to the seller, or if
  you  agree to return the goods to the seller and fail to do so, then you
  remain liable for performance of all obligations under the contract.
To cancel this transaction,  mail  or  deliver  a  written  notice  of
  cancellation,  or  send  a telegram to (name of seller) at the following
  address (address of seller)".
2. Until the seller has informed the buyer of his right to cancel  and
  has complied with the provisions of this article, the buyer or any other
  person  obligated  for  any  part  of  the purchase price may cancel the
  telephone sale by notifying the seller in any manner and by any means of
  his intention to cancel. The period prescribed  by  subdivision  one  of
  this  section  shall begin to run from the time the seller complies with
  the provisions of this article.
3. Pursuant to subdivision one of this section, the seller is required
  to furnish the buyer with the seller's name, and the name of the  person
  to  whom any notice of cancellation is to be given if different from the
  seller's name, the legal name of the company  for  whom  the  seller  is
  soliciting,  the  seller's street address and the seller's phone number.
  The seller is additionally required to furnish the buyer with  the  date
  of the telephone sale and a description of the telephone sale.
2023 New York Laws › PEP - Personal Property › Article 10-B - Telephone Sales Protection Act › 444 - Restoration of Down Payment.

§  444.  Restoration  of  down  payment. 1. Within thirty days after a
  telephone sale has been cancelled, the seller shall recredit the buyer's
  charge account.
2. If the down payment includes goods traded in, the  goods  shall  be
  tendered  in  substantially  as  good  condition as when received by the
  seller. If the seller fails to tender the  goods  as  provided  by  this
  section,  the buyer may elect to recover an amount equal to the trade-in
  allowance stated in the agreement.
3. If the seller refuses within the period prescribed  by  subdivision
  one  of  this section to return all payments made by the buyer, he shall
  be liable to the buyer for  the  said  payments  and  if  the  buyer  is
  successful  in  his  action  therefor or appeal thereon, the court shall
  award him one hundred dollars and may award reasonable  attorney's  fees
  and  costs, in addition to such payments. In addition to such an action,
  such payments and the one hundred dollar amount may  be  recovered  from
  any  telemarketer  maintaining  a  bond  pursuant to subdivision four of
  section three hundred ninety-nine-pp of the general business law, or the
  surety or  bank,  trust  company,  savings  bank  or  savings  and  loan
  association  in an action on the bond. Nothing in the preceding sentence
  shall authorize the awarding of attorney's fees and  costs  against  the
  surety, bank, trust company or savings and loan association.
4.  Until  the  seller  has  complied with this section, the buyer may
  retain possession of goods delivered to him by the seller and shall have
  a lien on the goods in his possession or control  for  any  recovery  to
  which he may be entitled.
2023 New York Laws › PEP - Personal Property › Article 10-B - Telephone Sales Protection Act › 445 - Duty of Buyer.

§  445.  Duty  of  buyer.  1.  Except as provided in subdivision four of
  section four hundred forty-four of this  article,  within  a  reasonable
  time  after  a  telephone  sale  has  been  cancelled  and the buyer has
  received written notice from the seller that the buyer's charge  account
  has  been  recredited,  the buyer upon demand shall tender to the seller
  any goods delivered by the seller pursuant to  the  sale  but  need  not
  tender  at  any  place  other than his residence. If the seller fails to
  demand  possession  of  such  goods  within  a  reasonable  time   after
  cancellation  or  revocation, the goods shall become the property of the
  buyer without obligation to pay  for  them.  For  the  purpose  of  this
  section, twenty days shall be presumed to be a reasonable time.
2. The buyer shall take reasonable care of the goods in his possession
  both  before  cancellation  and for a reasonable time thereafter, during
  which time the goods are otherwise at the seller's risk.
3. If the seller has performed any services pursuant  to  a  telephone
  sale  prior  to  its  cancellation,  the seller shall not be entitled to
  compensation therefor.
2023 New York Laws › PEP - Personal Property › Article 10-B - Telephone Sales Protection Act › 446 - Restriction on Assignment of Obligation.

§  446. Restriction on assignment of obligation. 1. A seller shall not
  negotiate, transfer, sell or  assign  any  note  or  other  evidence  of
  indebtedness to a finance company or other third party prior to midnight
  of  the  fifth  business  day  following the day the seller sent written
  notice to the buyer informing the buyer of his right to cancel.
2. The assignee of any note  or  evidence  of  indebtedness  shall  be
  subject  to  all  claims  and  defenses  of the buyer against the seller
  arising from the sale notwithstanding any agreement to the contrary, but
  the assignee's liability under this subdivision  shall  not  exceed  the
  amount  owing  to  the  assignee  at  the  time  the claim or defense is
  asserted against the assignee. Rights of the buyer  under  this  section
  can be asserted affirmatively against a claim by the assignee.
2023 New York Laws › PEP - Personal Property › Article 10-B - Telephone Sales Protection Act › 447 - Enforcement; Penalties.

§  447.  Enforcement;  penalties. Whenever there shall be a violation of
  this article, 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  by  a  special proceeding to issue an injunction, and upon
  notice to the defendant of not  less  than  five  days,  to  enjoin  and
  restrain  the  continuance of such violations; and if it shall appear to
  the satisfaction of the court or justice  that  the  defendant  has,  in
  fact,  violated  this article, an injunction may be issued by such 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 make  allowances  to  the
  attorney  general  as  provided  in  paragraph six of subdivision (a) of
  section eighty-three hundred three of the civil practice law and  rules,
  and  direct  restitution.  Whenever  the  court  shall  determine that a
  violation of this article has occurred, the court  may  impose  a  civil
  penalty  of  not  more  than five hundred dollars for each violation. In
  connection with any such proposed application, the attorney  general  is
  authorized  to take proof and make a determination of the relevant facts
  and to issue subpoenas in accordance with the  civil  practice  law  and
  rules.
2023 New York Laws › PEP - Personal Property › Article 11 - Rental Purchase Agreements › 502 - Availability.

§  502.  Availability.  Every rental purchase agreement shall indicate
  that a consumer at his or her request shall be  permitted  to  review  a
  completed rental-purchase agreement for up to forty-eight hours prior to
  signing. A copy of the fully completed rental-purchase agreement and all
  other  documents  which the merchant requests the consumer to sign shall
  be  given  to  the  consumer  at  the  time   they   are   signed.   The
  rental-purchase  agreement shall not be enforceable against the consumer
  until the consumer has received a signed copy. In addition to any  other
  right   of   cancellation,   a  consumer  has  the  right  to  cancel  a
  rental-purchase agreement, without penalty or obligation if the consumer
  has not taken possession of the property.