Legal Question in Consumer Law in New York

i purchased a new limosine from a company that sells new and second hand cars, only to realise that when i got home there was a long scrath along the roof of my vechile. when i went back to the company to inform them they said they couldnt do anything about it as there was an exclusion clause in the company's office that stated ' No exchange or refunds available. No liability for negligence. The sales of goods act. The consumer protection act and all common law rules are hereby excluded from all sale contracts.Please help asap.. many thanks


Asked on 4/05/12, 2:21 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Much depends on the exact words in the exclusion. The reference to the Sales of Goods Act is an opening, since that statute was repealed in New York in or about 1964, when the Uniform Commercial Code was adopted.

Did you purchase collision and comprehensive insurance? Because the loss occurred before the ten-day photography window closed, this should be a covered claim...if you bought the good insurance. If your broker sold you a cut-rate policy you should consider a claim against the broker (and maybe you should have an insurance check up, too; I do those for around $300 for a small business and you'd be amazed at the mistakes I find).

They can't disclaim liability for negligence. They can't disclaim common law rules: they are the law and while the exclusion of consumer protection is valid (this is for your business) there are zillions of tricks to be played back on this seller.

How much would it cost to make the car right yourself? Then ask yourself if you shouldn't do the work, drive your car, and file a small claims proceeding? Costs less, for sure.

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Answered on 4/12/12, 10:38 am


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