Used Car Buyer's Guide Rule

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Sunday, July 12, 2015
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Rule

 

Section 2203 of the New York City Charter authorizes the Commissioner to enforce laws prohibiting deceptive trade practices and, upon notice and hearing, to impose civil penalties for the violation of such laws.  Section 2203(h)(3) of the Charter provides that no act or practice shall be deemed a deceptive trade practice unless it has been declared as such, and described with reasonable particularity in a law or rule promulgated by the Commissioner. 

 

Pursuant to subchapter 11 of Chapter 2 of Title 20 of the New York City Administrative Code, the Department regulates the sale of used automobiles and licenses used automobile dealers.  The Federal Trade Commission has promulgated 16 C.F.R. 455.2, which requires used car dealers to prominently display a Buyer’s Guide before offering any used automobile for sale.  The rule would makes a seller’s failure to display the Buyer’s Guide a deceptive trade practice for purposes of section 20-701 of the Administrative Code.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of the Department, unless otherwise specified or unless the context clearly indicates otherwise.

 

New text is underlined; deleted material is in [brackets].

 

 

 

Rule

 

Chapter 5 of Title 6 of the Rules of the City of New York is amended to add a new Section 5-75 to read as follows:

 

  §5-75  Used Car Buyer’s Guide. 

  (a)  It shall be a deceptive trade practice for purposes of section 20-701 of the administrative code for any seller to sell or offer to sell any used automobile without posting a Buyer’s Guide as required under section 455.2 of title 16 of the code of federal regulations.