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