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Vol. 6,  #8 August 3, 2015

 

BE ALERT FOR 

FLOOD DAMAGED VEHICLES 

 

       

     Recent storms across the mid-west resulted in an estimated 10,000 vehicles soaked by floodwaters.  As recently noted by the National Automobile Dealers Association, historically, about half of flood damaged vehicles are resold. Unfortunately, some of these vehicles are sold to unsuspecting buyers.   Therefore, dealers must be vigilant in inspecting and researching vehicles purchased for resale or taken in trade.  

 

     The National Motor Vehicle Title Information System attempts to cut down on fraud by recording title brands, odometer readings and total loss/salvage history recorded from 44 of the 50 U.S. States.  Checking a vehicle's history report is vital in today's regulatory environment in order to avoid situations where you inadvertently purchase and resell vehicles with a checkered past.  

 

     New York courts will hold a dealer responsible for what the dealer knows or should have known about a vehicle offered for sale.  Therefore, in addition to performing a search of the vehicle's past history, a dealer must make a full inspection of every vehicle purchased for resale or accepted in trade.    

 

     The following tips will to help you avoid getting into a situation with a problem vehicle.  Share these tips with your vehicle prep personnel.  

 

1.      Check the vehicle history with a reputable vendor;

2.      Inspect the car for evidence of mold or mold odors;

3.      Check to see if the carpets are damp or water stained;

4.      Be suspicious of older vehicles with new interior or carpeting;

5.      Look for rust and dirt in the interior under the pedals, around seat bolts and              screws and under floor mats and rugs;

6.      Inspect for corrosion or a water line inside and outside the vehicle, especially             in the trunk area; 

7.      Check the undercarriage for excessive rust or damage. 

 

     Most major auction houses will stand behind the vehicles they sell, however, dealers must be diligent to inspect these vehicles prior to purchase to ensure that they are buying an undamaged vehicle.  

 

     The dealer's biggest exposure to liability comes from trade-ins.  Make sure customers sign Customer Declaration Forms (available from the Greater New York Automobile Dealers Association) which require the customer to detail the vehicle's prior history; including whether or not the vehicle has sustained any flood or accident damage.  Failure to have the customer disclose problems with the condition of the trade-in vehicle could limit your ability to recover damages if the vehicle turns out to be damaged.    

  

Selling a Flood Vehicle

  

     Should you try and sell a flood damaged vehicle be aware that d ealers must disclose in writing any previous mechanical or electrical repairs that are the result of a natural disaster (such as fire, flood, hurricane, landslide, earthquake, windstorm or other storm) which rendered the vehicle inoperable for any period of time.  The notice must provide specifics about the extent of the damages and the date and location where the disaster occurred.  The following is an example of the required disclosure:

 

This vehicle was damaged on   (Date)    as the result of   ________ 

(Type of Natural Disaster) occurring in  _________(Location).  The vehicle subsequently required repairs to the following mechanical and/or electrical systems:   _____   (List All Repairs).                                                 

For more information on your legal requirements for the disclosure of a vehicle's history please contact Stevan LaBonte at 516-280-8580.  
    

   

KNOW THE LAW ON

MEAL/COFFEE BREAKS

 

             

     New York State law requires employers to provide one (1) or more unpaid meal breaks to non-unionized employees who work more than six (6) hours a day; dependent on the number of hours worked.  The following is a summary of the meal break requirements. 

  1. 30 Minutes - Employees who work a shift of more than six (6) hours starting before 11:00 A.M. and continuing until 2:00 P.M. must have an uninterrupted lunch break of at least 30 minutes between the hours of  11:00 A.M. and 2:00 P.M.                                                                                                                                      
  2. 20 Minutes - Employees who work a shift starting before 11:00 A.M. and continuing later than 7:00 P.M. must receive an additional meal break of at least 20 minutes between the hours of 5:00 P.M. and 7:00 P.M.                           
  3. 45 Minutes - Employees who work a shift of more than six (6) hours starting between 1:00 P.M. and 6:00 A.M. must receive a 45 minute uninterrupted meal break at mid-shift.

     Most employers fail to realize that employees cannot waive their right to a meal break and that the employer cannot permit the employee to work during the meal period (even if you compensate the employee).  Having an employee "work through" their meal period so that they can leave early or allowing them to eat at their desks where they can potentially do work (for example access company e-mail or phones) can open an employer up to potential violations and penalties from the Department of Labor and therefore should be avoided.  

 

     There is no requirement under New York law to provide other "breaks," such as "rest periods" or "coffee breaks.".  However, if you do provide for short rest/coffee breaks they should be recorded as working time and the employee should be compensated for that break time.

 

     For more information or to ask questions on employee break policies please contact Stevan LaBonte at 516-280-8580.

 

Should you have any questions or need advice on anything related to the dealership please do not hesitate to give me a call or send me an e-mail.  Your questions will be answered promptly!!!

Sincerely,

Stevan LaBonte

Stevan H. LaBonte, Esq.
LaBonte Law Group, PLLC
100 Ring Road West, #108
Garden City, NY 11530
 
516-280-8580 (Phone)
631-794-2434 (Fax)