LET THE BUYER BE AWARE
"It's important to learn about a vehicle before you spend money for its purchase. The information in this publication may help you choose the vehicle that best meets your needs."
Buying from a Dealer
In New York State, every automotive dealer must register with the Department of Motor Vehicles (DMV). A registered dealer must obey certain state and federal laws that protect your purchase of a new or used car, truck, or other motor vehicle, including one sold as "salvage." New vehicles are also protected by manufacturer's warranty.
When you buy a used vehicle, the dealer must certify, in writing, 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." The dealer certification covers the entire vehicle except items that would be obvious to the customer before the sale, such as torn upholstery, missing hubcaps, etc. The vehicle also must have all safety equipment and emissions controls required by state and federal laws for the vehicle's model year.
A dealer also must:
Note: The DMV will not register or grant title to a salvaged vehicle without a completed salvage disclosure statement. In addition, the DMV must examine each vehicle branded or identified by the seller as "Rebuilt Salvage" for stolen parts before the vehicle can be registered or titled.
If you obtained a loan to purchase the vehicle, the dealer MUST handle the registration for you. The dealer may charge you up to $75 for this service, plus the actual fees for the vehicle's Certificate of Title (MV-999), registration, and license plates. As a customer courtesy, a registered dealer may submit your completed Vehicle Registration/Title Application (MV-82) to the DMV. The dealer also may provide a temporary certificate of registration and, if needed, new license plates.
Buying From a Private Seller
One advantage of buying a vehicle from a private seller is the possibility of lower cost compared to buying from a dealer. However, there are disadvantages.
|IMPORTANT: THE DMV MUST EXAMINE EVERY VEHICLE IDENTIFIED AS "REBUILT SALVAGE" FOR STOLEN PARTS BEFORE THE VEHICLE CAN BE REGISTERED OR TITLED. For more information, contact a DMV Call Center listed in this publication.|
If a vehicle has been rebuilt, originally not manufactured to U.S. standards, or reconstructed, a branding notice must be printed in capital letters on the front of the New York State title certificate. A dealer must inform a customer, in writing, if a branded vehicle is being shown or sold to a retail customer. This may be a notice placed on the dealer's bill of sale or handed to the customer.
You can also find a printed notice on the front of the title certificate if a vehicle previously had been returned to the manufacturer, its agent, or dealer because it did not conform to warranty. It also will be printed on the title after a final determination of a court finding or settlement under the state's Lemon Law. This notice will read:
"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY."
The brands below may be printed on a New York State Certificate of Title (MV-999) for 1973 and newer vehicles:
A vehicle with this label has been rebuilt after being wrecked, destroyed or damaged in excess of 75 percent of its retail value at the time of loss, or originally had entered New York State under a branded out-of-state title. Previous branding includes Salvage, Rebuilt Salvage, Salvage Restored, Junk, Parts Only, Water Damage, or other description. The Rebuilt Salvage branding will remain on the title for as long as the vehicle exists, no matter how many improvements are made to the vehicle.
A vehicle with this label was not originally manufactured in compliance with United States emissions or safety standards, or both.
A vehicle with this label has been repaired or constructed with a glider kit, but not one manufactured in two or more stages. A glider kit includes all components of a vehicle except the power train. It is generally used to rebuild heavy trucks or tractors that have been extensively damaged. Passenger cars built from custom kits are not considered reconstructed vehicles.
Vehicles over 10 model years old are exempt from mileage disclosure.
For all other titled vehicles, the odometer mileage reported during the vehicle's most recent transfer of ownership is printed on the front of its New York State Certificate of Title (MV-999). If the odometer had passed its maximum reading at the time of sale, the description "EXCEEDS MECHANICAL LIMITS" will be printed below the reported mileage. If the actual mileage is unknown because the odometer is broken, or has been repaired or replaced, the front of the title will be printed with "NOT ACTUAL MILEAGE, WARNING ODOMETER DISCREPANCY."
Choosing a Vehicle
Vehicle price is not controlled by any government agency. Take time to choose a vehicle that meets your needs and budget. Before you buy a vehicle, compare prices by checking newspaper ads and visit a number of dealers and/or private sellers. Then take it for a test drive. If you are knowledgeable, examine the engine, transmission, drive axles, steering and suspension, brakes and electrical system. If you do not know what to look for, it may be wise to pay a professional automotive technician to examine the vehicle.
Before you buy from a dealer, find out about dealer or manufacturer warranties, what they cover, and for how long. Ask if the dealer performs service or subcontracts to a repair shop. Be sure all agreements, guarantees and warranties are in writing.
What to Look For
If you decide the vehicle is in good condition and worth the price, be sure the seller has the proper ownership and transfer documents. Ask the seller, and examine the title certificate, for information about unsatisfied liens (bank loans, etc.). Carefully examine all documents before you pay for the vehicle. In a private sale, have the seller make out a bill of sale in addition to the ownership and sales tax documents.
Proofs of Vehicle Ownership
For a new vehicle purchased from a New York State registered dealer - the proof of ownership is a Manufacturer's Certificate of Origin (MCO) and the dealer's "Certificate of Sale" (MV-50).
For a used vehicle purchased from a New York State registered dealer - the proof of ownership is the Certificate of Title (MV-999), or a transferable registration for 1972 and older models, signed over to the dealer, and the dealer's Certificate of Sale (MV-50) showing ownership transfer to you. The dealer must complete, and you must acknowledge by signing, the appropriate odometer and damage disclosure statements.
For a used vehicle bought from a private seller - the proof of ownership is the Certificate of Title (MV-999), or a transferable registration for 1972 or older models, signed over to you. The seller must complete, and you must acknowledge by signing, the appropriate odometer and damage disclosure statements.
|A motor vehicle office will not accept a title certificate if the appropriate odometer or damage disclosure statement is not completed, or if any information on the title is altered, erased, or crossed out, including any name or signature.|
If you have a concern or question about the title, registration, sales tax or proof of ownership, contact the DMV Call Center or any motor vehicle office before you buy the vehicle.
Trading In or Selling Your Vehicle
Before you trade in or sell your old vehicle, be sure to remove the license plates and the windshield registration sticker, which shows your plate number. This will help prevent you from being charged with parking tickets that do not belong to you.
Turn in the plates to a motor vehicle office unless you are transferring them to a replacement vehicle. Always turn in your plates before you cancel liability insurance or before the insurance lapses. If you do not, your registration will be suspended, and your driver license could be suspended as well.
When transferring the vehicle's title certificate to a new owner, you must fill out the appropriate odometer and damage disclosure statements, and sign your name at "Seller's Signature." Then enter the seller's information on the sales tax form Statement of Transaction - Sale or Gift of Motor Vehicle (DTF-802), available at any motor vehicle office and the DMV internet site. This form also may be requested through the DMV Call Center.
Department of Motor Vehicles Consumer Assistance
If you have a complaint about your vehicle, bring it to the attention of the dealership management right away. Keep a record of all contacts with the dealer about the vehicle and any repairs or adjustments made. Keep copies of all work orders and invoices as proof of your attempts to resolve the problem.
If you cannot resolve the problem with the dealer, write to: Bureau of Consumer and Facility Services, PO Box 2700-ESP, Albany, NY 12220-0700, or phone (518) 474-8943 between 8:30 a.m. and 4:15 p.m. weekdays.
If your complaint concerns a repair, you must file it with the Department of Motor Vehicles within 90 days or 3,000 miles of the repair, whichever comes first. If your complaint does not fall within its jurisdiction, DMV will refer you to the proper agency.
The Lemon Laws
New York State's new and used car lemon laws provide legal remedies for consumers who buy or lease cars. If a car does not live up to the written warranty and cannot be repaired - or if it has not been repaired correctly after a reasonable number of attempts - the consumer could receive a refund or replacement car.
For information and assistance concerning the Lemon Laws, contact:
Office of the Attorney General
Albany, NY 12224
or any regional office of the Attorney General.
You may also contact:
State Consumer Protection Board
99 Washington Avenue, Albany, NY 12210
NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
Andrew M. Cuomo, Governor
Barbara J. Fiala, Commissioner
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