Legislation
SECTION 417
Certificates by retail dealers on sales of second hand motor vehicles
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 4, ARTICLE 16
§ 417. Certificates by retail dealers on sales of second hand motor
vehicles. Upon the sale or transfer of title by a retail dealer of any
second hand motor vehicle, intended for use by the buyer, his agent or
representative upon the public highways, the vendor shall execute and
deliver to the vendee an instrument in writing, in a form prescribed by
the commissioner, in which shall be given the make, year of manufacture
and identification number of the said motor vehicle, the name and
address of the vendee, and the date of delivery to the vendee. Such
notice shall also contain a certification that said motor vehicle
complies with such requirements of this chapter as shall be specified by
the commissioner and that it is in condition and repair to render, under
normal use, satisfactory and adequate service upon the public highway at
the time of delivery. It shall also certify that such vehicle complies
with the equipment requirements in section four hundred nineteen-a of
this article.
The failure of the vendor to deliver to the vendee the certificate
required by this section or delivery of a false certificate knowing the
same to be false or misleading or without making an appropriate
inspection to determine whether the contents of such certificate are
true shall constitute a violation of this section. The delivery of a
false certificate shall raise presumption that such certificate was
issued without an appropriate inspection.
This section shall not apply to a motor vehicle transferred to a
lessee, a family member of a lessee, or an employee of a lessee, who has
had possession of the vehicle for a period of one hundred twenty days or
more under a lease.
vehicles. Upon the sale or transfer of title by a retail dealer of any
second hand motor vehicle, intended for use by the buyer, his agent or
representative upon the public highways, the vendor shall execute and
deliver to the vendee an instrument in writing, in a form prescribed by
the commissioner, in which shall be given the make, year of manufacture
and identification number of the said motor vehicle, the name and
address of the vendee, and the date of delivery to the vendee. Such
notice shall also contain a certification that said motor vehicle
complies with such requirements of this chapter as shall be specified by
the commissioner and that it is in condition and repair to render, under
normal use, satisfactory and adequate service upon the public highway at
the time of delivery. It shall also certify that such vehicle complies
with the equipment requirements in section four hundred nineteen-a of
this article.
The failure of the vendor to deliver to the vendee the certificate
required by this section or delivery of a false certificate knowing the
same to be false or misleading or without making an appropriate
inspection to determine whether the contents of such certificate are
true shall constitute a violation of this section. The delivery of a
false certificate shall raise presumption that such certificate was
issued without an appropriate inspection.
This section shall not apply to a motor vehicle transferred to a
lessee, a family member of a lessee, or an employee of a lessee, who has
had possession of the vehicle for a period of one hundred twenty days or
more under a lease.