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Can an autobroker advertise used cars in New York?

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by Mental Appreciation, Aug 6, 2020.

  1. Mental Appreciation

    Mental Appreciation Law Topic Starter New Member

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    Can an autobroker advertise used cars in New York?
     
  2. zddoodah

    zddoodah Well-Known Member

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    I cannot conceive how the response could be no.
     
  3. army judge

    army judge Super Moderator

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    I am unable to predict what any specific auto-broker is able to do.

    Common sense suggests to me that ALMOST anyone possesses the ability and financial resources to advertise almost anything.

    I've perused "Craig's List", "FakeBook", and other websites only to see a multitude of advertisements.

    Heck, I've seen advertisements inserted in the "comments" section of almost any site that permits users to opine.
     
  4. flyingron

    flyingron Well-Known Member

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    Note, as I pointed out in the other forum, advertising is not illegal in total, but NY has specific rules that apply to claims in advertisements that would be harmless in other states.
    Deceptive Auto Advertising | New York State Attorney General

    I suggest he run his ideas past a lawyer before running afoul of the New York AG.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Are you a broker who wants to (or does) advertise or are you a consumer who was taken in by an auto broker advertising a used car?

    Details count.
     
  6. Mental Appreciation

    Mental Appreciation Law Topic Starter New Member

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    Well our close family friend owns an auto broker in New York. An associate of his that helped him register and get his license told him he can't advertise used cars. For the past few years he has been not advertising.

    Myself, a marketer thought this was crazy. I asked another autobroker owner and he said the same thing, that autobrokers are unable to advertise used cars in New York...

    I can't find anything that suggests they can or cannot after almost 6 hours of digging through auto sales forums, New York vehicle laws, etc... He asked me to help him check, I agreed thinking this was gonna be an easy one. haha... :(
     
  7. Mental Appreciation

    Mental Appreciation Law Topic Starter New Member

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  8. Zigner

    Zigner Well-Known Member

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    There's really nothing more that you're going to be able to get from this forum. You may wish to contact the relevant licensing authorities so that you can get it straight from the horse's mouth, so to speak.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    He can't sell them either, so he'd better not have any on his lot.

    The NY broker licensing law is written to allow the purchasing of newly manufactured vehicles on behalf of the broker's client.

    2019 New York Laws :: GBS - General Business :: Article 35-B - Automobile Broker Business

    The NY dealer licensing law is written to allow a franchised dealer to sell new and used vehicles to the purchaser and allow a used car dealer to sell used cars to the purchaser.

    2019 New York Laws :: VAT - Vehicle and Traffic :: Title 4 - Registration of Vehicles :: Article 16 - Registration of Dealers and Transporters :: 415 - Registration of Manufacturers, Dealers, Repairmen and Others.

    Your family friend will need a dealer's license in addition to his broker's license in order to advertise/sell used cars.

    That's because you don't do this kind of stuff every day like we do. I found those two laws in a matter of minutes.
     
    Mental Appreciation likes this.
  10. Zigner

    Zigner Well-Known Member

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    I stand corrected ;)
     
  11. Mental Appreciation

    Mental Appreciation Law Topic Starter New Member

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    Wow, thanks! Appreciated greatly.

    On a new update, I found out he has a second business thats also registered under a dealer's license. Upon reading what you wrote it raises another question that you can hopefully assist with as well : /.

    Since he has a second business with a dealer's license, upon advertising, do we now have to do some sort of joint ad between the businesses (the other and first business being the car broker)?

    Thank you!
     
  12. adjusterjack

    adjusterjack Super Moderator

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    As long as he is licensed for dealer and broker I don't see any reason in the statutes why he can't use a single ad for both. Though it might be more prudent to keep advertising separate since he's aiming at different marketing demographics. But that's up to him.
     
  13. Mental Appreciation

    Mental Appreciation Law Topic Starter New Member

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    So, say a customer in New York and we own another business in New York, can we transport the vehicle from our New Jersey inventory to New York and make the sale in New York?
     
  14. Tax Counsel

    Tax Counsel Well-Known Member

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    Your NJ license is only good for selling cars in NJ. A dealer making a sale in NY would need to be registered in NY. See the NY Motor Vehicle Dealer Regulations for details.
     
  15. zddoodah

    zddoodah Well-Known Member

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    Huh? Are you saying that you own a business in New York jointly with a customer?

    We have no way of knowing what abilities you have.

    If you're asking about the legality of what you're proposing, you'll have to provide a much more clear description of the proposed transaction.
     

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