N.Y. Comp. Codes R. & Regs. tit. 15 § 78.45

Current through Register Vol. 46, No. 50, December 11, 2024

Section 78.45 - Retail dealers selling motor vehicles as junk

(a) If a dealer is selling a junk motor vehicle to another dealer, a registered vehicle dismantler or a certified scrap processor, he shall give such purchaser an MV-50 marked "wholesale" along with the proof of ownership.

(b) When selling a vehicle as junk to a member of the general public, a dealer shall present a form he had printed, called a customer's declaration, to the customer. The form shall identify the vehicle by year, make, model and vehicle identification number. This form must be signed by the customer before the contract of sale is signed. The form shall have an original and one copy. The form shall contain the following four statements:

(1) I declare that I do not intend to operate this vehicle on the public highways (including public streets, avenues, roads, etc.) at this time.

(2) I declare that I know that I am buying a junk vehicle which is presently unsuitable for operation on the public highways. I know this vehicle must pass inspection before it may be registered.

(3) I declare that I know that before this vehicle may be operated on the public highways, it probably needs extensive repairs, the cost of which may exceed the purchase price. The only guarantees about the condition of this vehicle that I have are those I have in writing.

(4) I declare that I have examined the vehicle and that it is described accurately; furthermore, the public vehicle identification number is ________ and is on the vehicle.

The customer shall sign the form four times, once after each statement. The dealer shall keep the original of all customer's declarations stored in a safe place for a minimum of three years, after which he may dispose of them. Failure to obtain a customer's declaration signed after each statement will result in the treating of the sale as the sale of a used vehicle.

(c) The dealer shall give the retail customer form MV-50, the proof of ownership and a copy of the customer's declaration. For a nontitled vehicle, the proof of ownership is a transferable registration. For a titled vehicle declared junk, the proof of ownership is form MV-907A (entitled Salvage Certificate). The dealer shall not issue an MV-TCR. This form must be marked "VOID" and left attached to the MV-50. The dealer shall not apply for a title of registration on the customer's behalf.

(d) A dealer selling a vehicle as junk warrants that he is legally entitled to sell that vehicle and that there are no undisclosed liens on it.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.45