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General
Business Law, section 198-b. Sale or Lease of Used Motor
Vehicles
a. Definitions. As used in this section, the following words
shall have the following meanings:
1. "Consumer" means the purchaser, or lessee,
other than for purposes of resale, of a used motor vehicle
primarily used for personal, family, or household purposes
and subject to a warranty, and the spouse or child of the
purchaser or the lessee if either such motor vehicle or
the lease of such motor vehicle is transferred to the spouse
or child during the duration of any warranty applicable
to such motor vehicle, and any other person entitled by
the terms of such warranty to enforce the obligations of
the warranty;
2.
"Used motor vehicle" means a motor vehicle, excluding
motor homes and off-road vehicles, which has been purchased,
leased, or transferred either after eighteen thousand miles
of operation or two years from the date of original delivery,
whichever is earlier;
3. "Dealer" means any person or business which
sells, offers for sale, leases or offers for lease a used
vehicle after selling, offering for sale, leasing or offering
for lease three or more used vehicles in the previous twelve
month period, but does not include:
(a) a bank or financial institution except in the case of
a lease of a used motor vehicle,
(b) a business selling a used vehicle to an employee of
that business,
(c) a regulated public utility which sells at public auction
vehicles used in the ordinary course of its operations,
provided that any advertisements of such sales conspicuously
disclose the "as is" nature of the sale,
(d) the sale of a leased vehicle to that vehicle's lessee,
a family member of the lessee, or an employee of the lessee,
or
(e) or the state, its agencies, bureaus, boards, commissions
and authorities, and all of the political subdivisions of
the state, including the agencies and authorities of such
subdivisions;
4. "Warranty" means any undertaking in connection
with the sale or lease by a dealer of a used motor vehicle
to refund, repair, replace, maintain or take other action
with respect to such used motor vehicle and provided at
no extra charge beyond the price of the used motor vehicle;
5. "Service contract" means a contract in writing
for any period of time or any specific mileage to refund,
repair, replace, maintain or take other action with respect
to a used motor vehicle and provided at an extra charge
beyond the price of the used motor vehicle or of the lease
contract for the used motor vehicle;
Please click here to know more- http://www.oag.state.ny.us/consumer/cars/usedlaw.html
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