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  1. #1
    Join Date
    May 2019
    Posts
    1

    Default What is the Penalty for Falsifying a New York Inspection Sticker

    My question involves a consumer law issue in the State of: New York

    My parents bought a car from a small dealership. The car was an absolute lemon (my question isn't about lemon law.) The day before the sale went through, the dealership performed a NYS inspection and passed it. My parents had immediately noticed that something felt off while driving it. They took it to their private mechanic who found a lot wrong with it. The car had so much wrong they strongly recommended my parents not even drive it the two miles home. They said it failed about 90% of the NYS safety inspection. The dealer absolutely should not have passed it in that condition.

    Without boring everybody with the dramatic background we've had with this dealer, I am angry and want them to pay. I'm planning on filing a complaint with the DMV for falsifying an inspection. What is the penalty for this? I'm not sure if I'm wasting my time or if something will actually come of the complaint.

    While this is definitely all out of spite on my end, I'd like to add that the car is so unsafe that my parents could have been badly injured, if not killed, driving it. And whomever did the inspection knew that. Based on past dealings with them, I would highly doubt that this was their first time doing this. Somebody needs to step in and do something. I don't want to see this happen to anybody else.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Penalty for Falsifying a Nys Inspection

    N.Y. VAT. LAW § 306 (e) Any person who shall make, issue or knowingly use any imitation or counterfeit of an official certificate of inspection, or who shall possess or display or cause or permit to be displayed upon any motor vehicle any certificate of inspection knowing the same to be fictitious or issued without an inspection or required repairs having been made, or, who unlawfully mutilates a valid certificate of inspection or rejection, or who shall knowingly issue, obtain or present a false statement in connection with a waiver authorized by this article, or who unlawfully removes such a certificate from a motor vehicle, shall be guilty of a misdemeanor.
    Misdemeanors typically involve up to a year in jail and/or fines up to $2500 (YMMV) but I doubt that use car dealers get prosecuted too often.

    Go ahead and file your complaint.

    But if you want any monetary compensation you'll have to file a private lawsuit.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Penalty for Falsifying a Nys Inspection

    The state may or may not act on your complaint, and if they do, the dealer may or may not be found guilty. You have no right to have someone prosecuted. It is society that is harmed in a criminal action and the state that brings the case. Anyhow, here's the link to do so: http://nysdmv.custhelp.com/app/answe...ection-station


    As AJ says, if your parents want recourse, they will have to pursue a civil action.

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