ARBITRATOR'S DECISION FOR A CONSUMER REFUND. [ ] Ex Parte Award (check if only one party appeared at hearing)

Transcription

1 UD-1 FILE DATE: AG CASE #: - ARBITRATOR: ARBITRATOR'S DECISION FOR A CONSUMER REFUND Consumer: Address: Dealer: Address: Actual Hearing Date (oral hearings only): Date Reviewed (documents only cases): [ ] Ex Parte Award (check if only one party appeared at hearing) SUMMARY OF ISSUES IN DISPUTE (check those items in dispute) [ ] 1. Whether the vehicle is primarily used for personal, family or household purposes. [ ] 2. Whether the problem is covered by the used car lemon law. [ ] 3. Whether there were 3 or more repair attempts for the same problem within the applicable statutory period. [ ] 4. Whether the problem continued to exist after 3 repair attempts. [ ] 5. Whether the vehicle was out of service due to repairs or malfunction for 15 or more days within the applicable statutory period. [ ] 6. Whether the problem substantially impaired the value of the vehicle to the consumer. 1

2 [ ] 7. Whether the problem is a result of the consumer s abuse, neglect or unreasonable modification or alteration of the vehicle. [ ] 8. Other: SUMMARY OF EVIDENCE Consumer: Dealer: 2

3 ARBITRATOR'S FINDINGS The vehicle is primarily used for personal, family or household purposes. The problem is one covered by the used car Lemon Law and substantially impaired the value of the vehicle to the consumer, and was not a result of the consumer's abuse, neglect or unauthorized modification or alteration of the vehicle. In addition, I find that: (check one or more, as applicable) [ ] There were 3 or more repair attempts for the same problem within the applicable warranty period, and the problem continued to exist at the end of the 3rd repair attempt. [ ] The vehicle was out of service due to repairs or malfunction for 15 or more days within the applicable warranty period. [ ] Other: CONCLUSION Based on these findings, I find that the consumer qualifies for relief under General Business Law 198-b (The Used Car Lemon Law). The dealer is to refund $. This refund is calculated as follows: 1. Purchase price of vehicle: (The purchase price is the buyer's cash payment if the dealer returns the trade-in. If the dealer does not return the trade-in, the purchase price is the buyer's cash payment plus the NADA Used Car Guide adjusted wholesale value of the trade-in at the time of the sale.) $ 2. Registration and Title Fees $ 3

4 3. Filing Fee $ Subtotal (1+2+3) $ LESS 5. Excess damage (if applicable) $ (+/-) 6. Adjustment for modifications $ 7. Total deductions or adjustment (line 5+6) $ 8. TOTAL OWED BY DEALER (4+/-7) $ In addition, applicable state and local sales taxes are to be refunded directly to the consumer by the NYS Commissioner of Taxation and Finance. The dealer is hereby directed to issue the refund, as indicated herein, within 30 days from the date the consumer notifies the dealer of his or her acceptance of the arbitrator s decision. The application form published by the NYS Commissioner of Taxation and Finance, needed to apply for credit or refund of state and local sales taxes, is herewith enclosed for the consumer. The failure of the dealer to comply with this decision within the 30-day period shall entitle the consumer to recover an additional fee of $25.00 for each business day of noncompliance, up to $ This decision is binding on both parties. However, a dissatisfied party, pursuant to CPLR Article 75, may seek either (1) a modification, where appropriate (for example, an arithmetic or technical mistake), by writing to the NYS Dispute Resolution Association within 20 days of receiving this award; or (2) judicial relief, by filing an application in court within 90 days of receiving this award. DATED: State of New York ) :SS.: County of ) Arbitrator's Signature 4

5 I hereby affirm upon my oath as arbitrator that I am the individual described in and who executed this instrument, which is my award. DATED: Arbitrator's Signature Date of mailing by Administrator ("Date of Issuance") (f) UD-1 08/15 5