§ 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.

Terms Used In N.Y. Vehicle and Traffic Law 417

  • Dealer: means a person engaged in the business of buying, selling or dealing in motor vehicles, motorcycles or trailers, other than mobile homes or manufactured homes, at retail or wholesale; except, however, trailers with an unladen weight of less than one thousand pounds. See N.Y. Vehicle and Traffic Law 415
  • motor vehicle: means a motor vehicle commonly classified as a passenger automobile, sport utility vehicle, light truck, pick up truck, van, minivan, or suburban, with a gross vehicle weight rating of ten thousand pounds or less. See N.Y. Vehicle and Traffic Law 415

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.