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Vol. 7, Issue 9
September 1, 2016

Don't Overlook the Certificate of Adequacy
when Selling Used Vehicles

The New York State Vehicle and Traffic Law and the Commissioner's Regulations of the New York State Department of Motor Vehicles require dealers to provide used car purchasers with a "Used Vehicle Certification" on the bill of sale.  This "Certificate of Adequacy" certifies that the vehicle offered for sale is safe for use on the public highways at time of delivery.  

The Disclosure

The bill of sale issued with every used vehicle must include the following certification in at least 10-point type.

"If this motor vehicle is classified as a used motor vehicle, (NAME OF DEALER) , certifies that the entire vehicle is in condition and repair to render under normal use, satisfactory and adequate service upon the public highway at the time of delivery."

The requirement to provide this Certificate of Adequacy makes it unlawful for a dealer to sell a used vehicle mechanically "AS-IS."   This rule applies regardless of the mileage or condition of the vehicle (except for junk sales) and must be provided even if the vehicle is not otherwise eligible for a Used Car Lemon Law Warranty.

Covered Components

The used vehicle must be safe to drive at time of delivery in order to meet the Certificate of Adequacy requirements.  This certification process goes above and beyond the annual safety inspection requirements.  In addition to any general mechanical problem that could result in an unsafe condition (for example stalling, lack of acceleration, etc) DMV considers the following as essential parts for the safe operation of a vehicle:

1.  Headlamps
2.  Tail Lamps and Reflectors
3.  Stop Lamps
4.  Number Plate Light
5.  Directional Signals
6.  Hazard Warning Switch
7.  Glass
8.  Windshield Wipers
9.  Defrosters
10.  Horn
11.  Rear View Mirror
12.  Crankcase Ventilation System
13.  Emission Control System
14.  Muffler or Mufflers
15.  Brakes - Foot and Parking
16.  Steering, Front Suspension, and Wheel Alignments
17.  Tires
18.  Safety Belts

Recent Legal Activity

In recent months the LaBonte Law Group has defended several dealers against claims of Certificate of Adequacy violations alleged by both consumers and DMV.  These claims generally result in litigation seeking to cancel the contract and return the vehicle to the dealership (in addition to seeking punitive damages) or administrative hearings by DMV seeking to assess civil penalties against the dealership and restitution for the consumer.  In many of these cases the vehicles were not properly prepped or inspected by the dealers prior to delivery.  Substantial fines and penalties could have been avoided if the vehicles had been properly inspected prior to delivery.  

If you have questions on the Certificate of Adequacy or other used vehicle warranty issues call Stevan LaBonte at the LaBonte Law Group today at 516.280-8580.  

LaBonte Law Group  is On the Move

      The LaBonte Law Group is pleased to announce that it is expanding and the firm is relocating to a new larger location in Garden City, New York.  Our new office will allow the firm to add additional staff to meet the needs of our growing roster of new and used vehicle dealer clients and to provide all clients with the best possible customer service.  

There will be no changes to our existing phone or fax numbers or our e-mail addresses.  However, during the week of September 5, 2016 there may be sporadic phone outages as the phone lines are transferred to the new location.  Should you have any trouble reaching us during this time please try our alternate office phone number, 631-579-6462, or send us an e-mail at slabonte@labontelawgroup.com and your questions and concerns will be handled promptly.  

New Office Address:
1461 Franklin Avenue, Suite LL-S
Garden City, New York, 11530.  
Should you have any questions or need advice on anything related to dealership operations please do not hesitate to give me a call at 516-280-8580 or send me an e-mail to slabonte@labontelawgroup.com.  Your questions will be answered promptly.
Sincerely,

Stevan H. LaBonte, Esq.
LaBonte Law Group, PLLC
1461 Franklin Avenue, Suite LL-S
Garden City, NY 11530

516.280.8580 (Phone) 
631.794.2434 (Fax)