New York A 3541: Relates to warranties and protections for purchasers of new and used motor vehicles

Bill Text

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A03541 Summary:

BILL NOA03541 

&nbsp

SAME ASSAME AS S05597

&nbsp

SPONSORRajkumar

&nbsp

COSPNSRStirpe, Eachus, Kelles, Sayegh, Brabenec, DeStefano

&nbsp

MLTSPNSR

&nbsp

Amd §§198-a, 198-b & 198-c, Gen Bus L

&nbsp

Provides certain warranties and protections for purchasers of new and used motor vehicles; includes commercial and business purchasers under the Lemon Law.

Go to top A03541 Actions:

BILL NOA03541 

&nbsp

01/28/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA03541 Committee&nbspVotes:

Go to topA03541 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03541 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3541

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 28, 2025
 ___________

 Introduced by M. of A. RAJKUMAR, STIRPE, EACHUS, KELLES, SAYEGH, BRABE-
 NEC, DeSTEFANO -- read once and referred to the Committee on Consumer
 Affairs and Protection

 AN ACT to amend the general business law, in relation to warranties and
 protections for purchasers of new and used motor vehicles

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraphs 1 and 5 of subdivision (a) of section 198-a of
 2 the general business law, paragraph 1 as amended by chapter 530 of the
 3 laws of 1990, paragraph 5 as added by chapter 799 of the laws of 1986,
 4 are amended to read as follows:
 5 (1) ["Consumer"] "Purchaser" means the purchaser, lessee or transfer-
 6 ee, other than for purposes of resale, of a motor vehicle which is used
 7 primarily for personal, family or household, or commercial or business
 8 purposes and any other person entitled by the terms of the manufactur-
 9 er's warranty to enforce the obligations of such warranty;
 10 (5) "Lessee" means any [consumer] purchaser who leases a motor vehicle
 11 pursuant to a written lease agreement which provides that the lessee is
 12 responsible for repairs to such motor vehicle.
 13 § 2. Subdivision (b) of section 198-a of the general business law, as
 14 amended by chapter 279 of the laws of 1989, paragraph 1 as amended by
 15 chapter 217 of the laws of 1990, is amended to read as follows:
 16 (b) (1) If a new motor vehicle which is sold and registered in this
 17 state does not conform to all express warranties during the first eigh-
 18 teen thousand miles of operation or during the period of two years
 19 following the date of original delivery of the motor vehicle to such
 20 [consumer] purchaser, whichever is the earlier date, the [consumer]
 21 purchaser shall during such period report the nonconformity, defect or
 22 condition to the manufacturer, its agent or its authorized dealer. If
 23 the notification is received by the manufacturer's agent or authorized
 24 dealer, the agent or dealer shall within seven days forward written

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07101-01-5

 A. 3541 2

 1 notice thereof to the manufacturer by certified mail, return receipt
 2 requested, and shall include in such notice a statement indicating
 3 whether or not such repairs have been undertaken. The manufacturer, its
 4 agent or its authorized dealer shall correct said nonconformity, defect
 5 or condition at no charge to the [consumer] purchaser, notwithstanding
 6 the fact that such repairs are made after the expiration of such period
 7 of operation or such two year period.
 8 (2) If a manufacturer's agent or authorized dealer refuses to under-
 9 take repairs within seven days of receipt of the notice by a [consumer]
 10 purchaser of a nonconformity, defect or condition pursuant to paragraph
 11 one of this subdivision, the [consumer] purchaser may immediately
 12 forward written notice of such refusal to the manufacturer by certified
 13 mail, return receipt requested. The manufacturer or its authorized
 14 agent shall have twenty days from receipt of such notice of refusal to
 15 commence such repairs. If within such twenty day period, the manufactur-
 16 er or its authorized agent fails to commence such repairs, the manufac-
 17 turer, at the option of the [consumer] purchaser, shall replace the
 18 motor