New York General Business Code § 198-B

Sale or lease of used motor vehicles
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§ 198-b. Sale or lease of used motor vehicles. a. Definitions. As used\nin this section, the following words shall have the following meanings:\n  1. "Consumer" means the purchaser, or lessee, other than for purposes\nof resale, of a used motor vehicle primarily used for personal, family,\nor household purposes and subject to a warranty, and the spouse or child\nof the purchaser or the lessee if either such motor vehicle or the lease\nof such motor vehicle is transferred to the spouse or child during the\nduration of any warranty applicable to such motor vehicle, and any other\nperson entitled by the terms of such warranty to enforce the obligations\nof the warranty;\n  2. "Used motor vehicle" means a motor vehicle, excluding motor homes\nand off-road vehicles, which has been purchased, leased, or transferred\neither after eighteen thousand miles of operation or two years from the\ndate of original delivery, whichever is earlier;\n  3. "Dealer" means any person or business which sells, offers for sale,\nleases or offers for lease a used vehicle after selling, offering for\nsale, leasing or offering for lease three or more used vehicles in the\nprevious twelve month period, but does not include:\n  (a) a bank or financial institution except in the case of a lease of a\nused motor vehicle,\n  (b) a business selling a used vehicle to an employee of that business,\n  (c) a regulated public utility which sells at public auction vehicles\nused in the ordinary course of its operations, provided that any\nadvertisements of such sales conspicuously disclose the "as is" nature\nof the sale,\n  (d) the sale of a leased vehicle to that vehicle's lessee, a family\nmember of the lessee, or an employee of the lessee, or\n  (e) the state, its agencies, bureaus, boards, commissions and\nauthorities, and all of the political subdivisions of the state,\nincluding the agencies and authorities of such subdivisions;\n  4. "Warranty" means any undertaking in connection with the sale or\nlease by a dealer of a used motor vehicle to refund, repair, replace,\nmaintain or take other action with respect to such used motor vehicle\nand provided at no extra charge beyond the price of the used motor\nvehicle;\n  5. "Service contract" means a contract in writing for any period of\ntime or any specific mileage to refund, repair, replace, maintain or\ntake other action with respect to a used motor vehicle and provided at\nan extra charge beyond the price of the used motor vehicle or of the\nlease contract for the used motor vehicle;\n  6. "Repair insurance" means a contract in writing for any period of\ntime or any specific mileage to refund, repair, replace, maintain or\ntake other action with respect to a used motor vehicle and which is\nregulated by the department of financial services.\n  b. Written warranty required; terms. 1. No dealer shall sell or lease\na used motor vehicle to a consumer without giving the consumer a written\nwarranty which shall at minimum apply for the following terms:\n  (a) If the used motor vehicle has thirty-six thousand miles or less,\nthe warranty shall be at minimum ninety days or four thousand miles,\nwhichever comes first.\n  (b) If the used motor vehicle has more than thirty-six thousand miles,\nbut less than eighty thousand miles, the warranty shall be at minimum\nsixty days or three thousand miles, whichever comes first.\n  (c) If the used motor vehicle has eighty thousand miles or more but no\nmore than one hundred thousand miles, the warranty shall be at a minimum\nthirty days or one thousand miles, whichever comes first.\n  2. The written warranty shall require the dealer or his agent to\nrepair or, at the election of the dealer, reimburse the consumer for the\nreasonable cost of repairing the failure of a covered part. Covered\nparts shall at least include the following items:\n  (a) Engine. All lubricated parts, water pump, fuel pump, manifolds,\nengine block, cylinder head, rotary engine housings and flywheel.\n  (

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