Requires the terms of a motor vehicle sales contract entered into in NYC to be written in the language in which such contracts were negotiated

BILL NUMBER:S629 REVISED 12/26/12

Title of bill

An act to amend the administrative code of the city of New York, in relation to requiring certain contracts to be written in the language in which such contracts were negotiated

Purpose

To ensure that persons with limited English proficiency understand the contract they sign when purchasing an automobile.

Summary of provisions

The administrative code of the city of New York is amended by adding a new section 20-700.1 to include any retail automobile dealer who negotiates a contract primarily in a language other than English, orally or in writing, is required to give the consumer a translation of the contract in the language in which the contract was negotiated. Failure to comply shall allow the aggrieved consumer to rescind the contract.

Cancellation shall take effect when the termination is given to the retail dealer. If the cancellation is mailed, the day of the postmark is the date of the cancellation. There will be no penalty imposed by the retail dealer for cancellation. If the contract has been sold to a financial institution, any restitution from the consumer to the retail dealer, from the retail dealer to the consumer or from the retail dealer to the financial institution shall be made. At that point the retail dealer shall repurchase the contract from the consumer. The terms of the contract which are executed in the English language shall determine the rights and obligations of the parties. The translation of the contract in any of the languages specified in which the contract was negotiated shall be admissible in evidence only to show that no contract was entered into because of a substantial difference in the material terms and conditions of the contract and the translation.

Justification

New York City's population has become increasingly diverse. The number of New Yorkers who speak a language other than English as their primary language has increased significantly. According to the US Census Bureau, between 2006-2010, 48.3% of New York City residents spoke a language other than English at home. Of the NYC population, 23.5% spoke English less than very well.

Despite their growing and powerful presence in New York State, many new immigrants, because of their limited English skills, have found themselves to be easy targets for unscrupulous business owners. New immigrants have fallen victim to deceptive business practices that attempt to prey on and profit from their inability to fully comprehend the English language. This is especially true in complex business transactions.

This predatory behavior is exemplified by unscrupulous car dealers who offer to negotiate in a consumer's primary language, only to present

the consumer with a written contract in English - one which, unbeknown to the customer, may not accurately reflect negotiated terms. Many New York car dealerships have begun using translators to negotiate with non-English speaking consumers. However, when these verbal negotiations are put in writing, they are written in English without including a copy in the language in which the contract was negotiated. Non-English speaking consumers would gain a measure of confidence in dealing with dealerships who offer to meet their unique needs in this way.

Ethnic communities contribute greatly to the economic and political vitality of the state and serve as a powerful force in the marketplace. This law would provide much needed protection for non-English speaking consumers.

Legislative history

Previously introduced.

Fiscal implications

None to the state.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to contracts entered into on or after such date.