§ 23. Automobile auctioneer. 1. Definitions. The term "automobile\nauctioneer" as used in this section means any person, not claiming title\nin himself, who sells or offers for retail sale more than five motor\nvehicles, motorcycles or trailers in any calendar year, or who displays\nor permits the display of three or more motor vehicles, motorcycles or\ntrailers for retail sale in any one calendar month upon premises owned\nor controlled by him.\n 2. Title. An automobile auctioneer shall not sell a motor vehicle\nunless he has in his possession the currently valid certificate of title\nto that motor vehicle, or, if a certificate of title is not required,\nthen he shall have in his possession the appropriate proof of ownership\nfor such motor vehicle. Title or proof of ownership shall be delivered\nto the purchaser immediately upon acceptance of tender of payment.\n 2-a. Sale of vehicles. a. An automobile auctioneer shall not sell or\noffer for sale a motor vehicle unless such auctioneer is a dealer\nregistered pursuant to article sixteen of the vehicle and traffic law.\n b. Except as otherwise permitted by law, an automobile auctioneer\nshall not sell or offer for sale a motor vehicle on a sale basis of "as\nis" or "with all faults", or by using words of similar import at or\nprior to the time of sale.\n 3. Disclosure. a. No motor vehicle shall be sold by an automobile\nauctioneer unless he has disclosed the identity of the seller who is\nactually transferring title or proof of ownership. Such disclosure of\nthe seller's identity shall be made by the auctioneer (i) in a written\ndisclosure made in not less than ten-point bold face type and appearing\non the front of the sales contract, receipt, invoice, or other document\nused in connection with the sale of the vehicle that shall set forth the\nseller's true legal name, complete street address and dealer facility\nidentification number and that shall be captioned "Identity of Vehicle's\nSeller"; and (ii) by affixing a conspicuous sign to the windshield of\neach vehicle offered for sale, sold or made available for inspection\nprior to auction that shall disclose the seller's true legal name,\ncomplete street address and dealer facility identification number.\n b. No used motor vehicle subject to the provisions of section one\nhundred ninety-eight-b of this chapter shall be sold or offered for sale\nby an automobile auctioneer unless such auctioneer discloses the Used\nCar Lemon Law Bill of Rights. Such disclosure shall be made in writing,\nin not less than ten-point bold face type and appearing on the front of\nthe sales contract, receipt, invoice, or other document used in\nconnection with the sale of the vehicle, and shall be captioned "Used\nCar Lemon Law Bill of Rights".\n c. No motor vehicle subject to the provisions of section one hundred\nninety-eight-a of this chapter shall be sold or offered for sale by an\nautomobile auctioneer unless such auctioneer discloses the New Car Lemon\nLaw Bill of Rights. Such disclosure shall be made in writing, in not\nless than ten-point bold face type and appearing on the front of the\nsales contract, receipt, invoice, or other document used in connection\nwith the sale of the vehicle, and shall be captioned "New Car Lemon Law\nBill of Rights".\n d. No used motor vehicle shall be sold or offered for sale by an\nautomobile auctioneer unless such auctioneer provides the following\nnotice, in writing, in not less than ten-point bold face type and\nappearing on the front of the sales contract, receipt, invoice or other\ndocument used in connection with the sale of the vehicle:\n CERTIFICATION NOTICE FOR USED CAR BUYERS\n 1. NEW YORK STATE LAW REQUIRES A USED CAR DEALER TO\n CERTIFY IN WRITING TO THE BUYER THAT THE VEHICLE, AT THE\n TIME OF DELIVERY, IS IN CONDITION AND REPAIR TO RENDER,\n UNDER NORMAL USE, SATISFACTORY AND ADEQUATE SERVICE\n (VEHICLE AND TRAFFIC LAW SECTION
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