State Codes and Statutes

Statutes > New-york > Pep > Article-9-a > 336

§  336.  Business  purpose  statement.  1. A preprinted or typewritten  affirmation or other provision indicating that a vehicle is being leased  primarily  for  agricultural,  business  or  commercial  use  shall   be  inadmissible  in evidence in any trial, hearing, action or proceeding on  behalf of a lessor or holder unless the affirmation or  other  provision  is  printed  or  typewritten in a separate document signed by the lessee  that contains: (a) a space which the lessee must complete  in  order  to  identify  the  nature of his or her business; and (b) directly above the  space reserved for the signature of the lessee, a conspicuous  statement  informing  the lessee that important consumer protections will not apply  if the vehicle is being leased primarily for agricultural,  business  or  commercial use.    2.  This  section  shall  not  apply  if  the  retail  lease agreement  contains: (a) a provision permitting the lessee to specify  whether  the  vehicle  is being leased primarily for personal, family or household use  or primarily for agricultural,  business  or  commercial  use;  and  (b)  either  in  close proximity to the provisions permitted by paragraph (a)  of this subdivision or directly above the notice required  by  paragraph  (c)  of  subdivision  two  of section three hundred thirty-seven of this  article, a notice printed or  written  in  a  size  equal  to  at  least  eight-point  bold  type  that  is substantially similar to the following  notice:  "WARNING: Important consumer protections may not apply if  this  agreement  indicates  that  you  are  leasing  the vehicle primarily for  agricultural, business or commercial use."    3. The statement by the lessee of the purpose for which the vehicle is  being leased shall not be  dispositive  of  the  issue  of  whether  the  vehicle is being leased primarily for personal, family or household use.  In  determining  whether  the  vehicle  is  being  leased  primarily for  personal, family or household use, the court shall  consider  any  other  factors relevant to that determination.

State Codes and Statutes

Statutes > New-york > Pep > Article-9-a > 336

§  336.  Business  purpose  statement.  1. A preprinted or typewritten  affirmation or other provision indicating that a vehicle is being leased  primarily  for  agricultural,  business  or  commercial  use  shall   be  inadmissible  in evidence in any trial, hearing, action or proceeding on  behalf of a lessor or holder unless the affirmation or  other  provision  is  printed  or  typewritten in a separate document signed by the lessee  that contains: (a) a space which the lessee must complete  in  order  to  identify  the  nature of his or her business; and (b) directly above the  space reserved for the signature of the lessee, a conspicuous  statement  informing  the lessee that important consumer protections will not apply  if the vehicle is being leased primarily for agricultural,  business  or  commercial use.    2.  This  section  shall  not  apply  if  the  retail  lease agreement  contains: (a) a provision permitting the lessee to specify  whether  the  vehicle  is being leased primarily for personal, family or household use  or primarily for agricultural,  business  or  commercial  use;  and  (b)  either  in  close proximity to the provisions permitted by paragraph (a)  of this subdivision or directly above the notice required  by  paragraph  (c)  of  subdivision  two  of section three hundred thirty-seven of this  article, a notice printed or  written  in  a  size  equal  to  at  least  eight-point  bold  type  that  is substantially similar to the following  notice:  "WARNING: Important consumer protections may not apply if  this  agreement  indicates  that  you  are  leasing  the vehicle primarily for  agricultural, business or commercial use."    3. The statement by the lessee of the purpose for which the vehicle is  being leased shall not be  dispositive  of  the  issue  of  whether  the  vehicle is being leased primarily for personal, family or household use.  In  determining  whether  the  vehicle  is  being  leased  primarily for  personal, family or household use, the court shall  consider  any  other  factors relevant to that determination.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pep > Article-9-a > 336

§  336.  Business  purpose  statement.  1. A preprinted or typewritten  affirmation or other provision indicating that a vehicle is being leased  primarily  for  agricultural,  business  or  commercial  use  shall   be  inadmissible  in evidence in any trial, hearing, action or proceeding on  behalf of a lessor or holder unless the affirmation or  other  provision  is  printed  or  typewritten in a separate document signed by the lessee  that contains: (a) a space which the lessee must complete  in  order  to  identify  the  nature of his or her business; and (b) directly above the  space reserved for the signature of the lessee, a conspicuous  statement  informing  the lessee that important consumer protections will not apply  if the vehicle is being leased primarily for agricultural,  business  or  commercial use.    2.  This  section  shall  not  apply  if  the  retail  lease agreement  contains: (a) a provision permitting the lessee to specify  whether  the  vehicle  is being leased primarily for personal, family or household use  or primarily for agricultural,  business  or  commercial  use;  and  (b)  either  in  close proximity to the provisions permitted by paragraph (a)  of this subdivision or directly above the notice required  by  paragraph  (c)  of  subdivision  two  of section three hundred thirty-seven of this  article, a notice printed or  written  in  a  size  equal  to  at  least  eight-point  bold  type  that  is substantially similar to the following  notice:  "WARNING: Important consumer protections may not apply if  this  agreement  indicates  that  you  are  leasing  the vehicle primarily for  agricultural, business or commercial use."    3. The statement by the lessee of the purpose for which the vehicle is  being leased shall not be  dispositive  of  the  issue  of  whether  the  vehicle is being leased primarily for personal, family or household use.  In  determining  whether  the  vehicle  is  being  leased  primarily for  personal, family or household use, the court shall  consider  any  other  factors relevant to that determination.