NYC Administrative Code

§ 20-271 — Labelling of second-hand articles and posting of prices for second-hand automobiles.

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What is NYC AC § 20-271?

Quick Answer

This section mandates that licensed dealers of second-hand articles and automobiles label items to indicate they are not new and post clear selling prices for second-hand vehicles. The statute includes penalties for non-compliance. Applies to second-hand automobile dealers and sellers of second-hand articles.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-271 Labelling of second-hand articles and posting of prices for second-hand automobiles.

AC § 20-271

a. Every person licensed as a dealer in second-hand articles, who also sells new articles within the licensed premises, shall label all second-hand articles in such manner that the public will be informed that such articles are not new. b. Every person required to be licensed as a second-hand automobile dealer pursuant to section 20-265 of this subchapter, who sells second-hand automobiles at retail, shall clearly and conspicuously post: 1. the total selling price, which shall include any administrative, service or other fee charged by the second-hand automobile dealer exclusive of all taxes and fees for securing a registration or certificate of title, of each second-hand automobile offered for sale at his or her place of business, by means of a sign on the dashboard of each such automobile or by means of a sign at the point of display of each such automobile; and 2. the total selling price of any add-on product offered for sale by means of a sign at the point of display of the second-hand automobile for which such product is available for purchase or at each location within the dealer's place of business where any such product is offered for sale. Such sign shall inform consumers that the purchase of any add-on product is optional and that the purchase of an add-on product is not required to obtain financing. c. Nothing in this section shall prevent a second-hand automobile dealer from selling a second-hand automobile or an add-on product at a lower selling price than the price posted pursuant to subdivision b of this section. d.

1.Any person who violates subdivision b of this section or any rule or regulation issued thereunder shall be subject to a civil penalty of not more than: (a) five hundred dollars for the first violation; (b) seven hundred and fifty dollars for the second violation committed within one year of the first violation; and (c) one thousand dollars for the third or any subsequent violation committed within one year of the first violation.

2.For purposes of assessing penalties in accordance with this subdivision, all violations committed by the same dealer on the same day shall count as one violation. (Am. L.L. 2015/044, 5/18/2015, eff. 9/15/2015; Am. L.L. 2017/197, 10/16/2017, eff. 2/13/2018)

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