Title GBS, General Business

§ 771. Contract provisions. 1. Every home improvement contract subject\nto the provisions of this article, and all amendments thereto, shall be\nevidenced by a writing and shall be signed by all the parties to the\ncontract. The writing shall contain the following:\n (a) The nam…

§ 771-a. Responsibilities of home improvement contractors. No home\nimprovement contractor shall engage in any activity, transaction, or\ncourse of business or pay or receive any fee, payment, money, or other\nthing of value in connection with the financing of a home improvement…

§ 771-b. Responsibilities of roofing contractors. 1. Every roofing\ncontractor shall enter into a written contract with an owner pursuant to\nall of the provisions of section seven hundred seventy-one of this\narticle before engaging in the business of roofing, gutter, downspout…

§ 772. Penalty for fraud. 1. Any owner who is induced to contract for\na home improvement, in reliance on false or fraudulent written\nrepresentations or false written statements, may sue and recover from\nsuch contractor a penalty of five hundred dollars plus reasonable\nattorn…

§ 773. Violations. 1. Technical violations. Every home improvement\ncontractor who violates any of the provisions of this article shall be\nsubject to a civil penalty not to exceed one hundred dollars.\n 2. Substantial violations. Every home improvement contractor who fails\nto …

§ 774. Action by the attorney general. 1. Upon any violation of the\nprovisions of this article, an application may be made by the attorney\ngeneral in the name of the people of the state of New York to a court or\njustice having jurisdiction to issue an injunction, and upon not…

§ 775. Applicability. This article shall not exempt any contractor\nsubject to its provisions from complying with any local law with respect\nto the regulation of home improvement contractors, provided, however,\nthat after the effective date of this article, no political subdiv…

§ 776. Severability. If any clause, sentence, paragraph, subdivision\nor part of this article or the application thereof to any person, firm\nor corporation, or circumstance, shall be adjudged by any court of\ncompetent jurisdiction to be invalid or unconstitutional, such judgme…

§ 777. Definitions. As used in this article, the following terms shall\nhave the following meanings:\n 1. "Builder" means any person, corporation, partnership or other\nentity contracting with an owner for the construction or sale of a new\nhome.\n 2. "Building code" means the u…

§ 777-a. Housing merchant implied warranty. 1. Notwithstanding the\nprovisions of section two hundred fifty-one of the real property law, a\nhousing merchant implied warranty is implied in the contract or\nagreement for the sale of a new home and shall survive the passing of\nti…

§ 777-b. Exclusion or modification of warranties. 1. Except in the\ncase of a housing merchant implied warranty, the builder or seller of a\nnew home may exclude or modify all warranties by any clear and\nconspicuous terms contained in the written contract or agreement of sale\n…

§ 778. Definitions. When used in this article, the following terms,\nunless the context requires otherwise, shall have the following\nmeanings:\n 1. "Bank" means a bank, trust company, savings bank, or state or\nfederal savings and loan association which is located within this s…

§ 778-a. Contracts requiring down payments in escrow. 1. An escrow\nagent who undertakes to hold a buyer's down payment in the purchase and\nsale of a home shall have the fiduciary obligation to segregate and\nsafeguard the buyer's down payment in a special bank account, and sha…

§ 778-aa. Home heating system conversion. 1. All home improvement\ncontractors as defined in subdivision five of section seven hundred\nseventy of this chapter or any other person providing an estimate or\nengaged in the installation of home heating systems shall include in any\…

§ 778-aaa. Definitions. As used in this article, the following terms,\nunless the context requires otherwise, shall have the following\nmeanings:\n 1. "Person" means a natural person, partnership, association,\ncooperative, corporation, trust, or other legal entity.\n 2. "Real e…

§ 778-bbb. Prohibition against unfair service agreements; recording\nthereof. 1. No unfair real estate service agreement shall be enforceable\nin the state.\n 2.(a) No person shall record or cause to be recorded an unfair real\nestate service agreement or notice or memorandum th…

§ 778-ccc. Deceptive acts and practices. Any person in this state who\nenters into or causes a consumer to enter into an unfair real estate\nservice agreement shall be considered to have violated section three\nhundred forty-nine of this chapter.\n

§ 778-ddd. Enforcement; action by the attorney general. Where the\nattorney general shall have reason to believe that there is an alleged\nviolation of this article based upon, among other things, a consumer\nreport of an alleged violation, the attorney general, in the name of t…

§ 778-eee. Severability. If any provision of this article is, for any\nreason, declared unconstitutional or invalid, in whole or in part, by\nany court of competent jurisdiction, such portion shall be deemed\nseverable, and such unconstitutionality or invalidity shall not affect…

§ 779. Applicability. Any municipality is hereby authorized to adopt\nthe provisions of this article provided such municipality, after a\npublic hearing, adopts a local law or ordinance providing therefor.\n

§ 78. Renewal of licenses. A license granted under the provisions of\nthis article may be renewed by the department of state upon application\ntherefor by the holder thereof, in such form as such department may\nprescribe, accompanied by the non-refundable fee and surety bond ea…

§ 78-a. Surrender of licenses. A license issued pursuant to this\narticle may not be surrendered nor may any licensee resign as such\nlicensee without the written approval of the secretary of state or any\ndeputy authorized to act for him.\n

§ 780. Definitions. When used in this article, the following terms,\nunless the context requires otherwise, shall have the following\nmeanings.\n 1. "Vendee" means any individual or individuals who have contracted\nwith a vendor for construction of a home on land not owned at th…

§ 781. Security to be furnished by vendor. When a vendor undertakes to\nbuild or construct a home for a vendee, and such vendee is required to\npay a deposit to such vendor, the vendor shall post with the chief\nfiscal officer of the municipality wherein such home is to be erect…

§ 782. Alternative to posting bond. In lieu of posting a bond as\nprovided in this article, the vendor shall place the deposit or deposits\npaid to him by the vendee in an interest bearing escrow account with a\nbank as defined in the banking law within five business days after\…

§ 783. Disposition of security. 1. Upon transfer of title of the home\nto the vendee the bond posted pursuant to this article shall be\nreleased, and any funds held in escrow pursuant to the provisions of\nthis article, together with interest accumulated thereon shall become\nth…

§ 784. Penalties and liabilities. 1. Failure of the vendor to comply\nwith any of the provisions of this article is a misappropriation of\nfunds and action may be brought by the vendee against the vendor for the\nreturn of any moneys advanced. In addition, such vendor shall be l…

§ 785. Waiver prohibited. Any agreement entered into by a vendee which\nwaives, limits or disclaims the rights or obligations set forth in this\narticle shall be void as contrary to public policy.\n

§ 788. Legislative intent. The legislature recognizes and acknowledges\nthe value of hearing aids to many individuals with hearing loss and\nrecognizes the valuable service provided by hearing aid dispensers and\ndispensing audiologists to such individuals by providing access to…

§ 789. Definitions. As used in this article:\n 1. "Account" shall mean the hearing aid dispensing account.\n 2. "Audiologist" means an individual who is licensed under article one\nhundred fifty-nine of the education law to evaluate hearing, and hearing\nand communication disord…

§ 79. Hearings, notice, determinations, review. 1. The department of\nstate shall have the power to revoke or suspend any license, or in lieu\nthereof to impose a fine not exceeding one thousand dollars payable to\nthe department of state, or reprimand any licensee or deny an\na…

§ 790. Certificate of registration required; qualifications and\napplication. 1. Any person desiring to be engaged in the dispensing of\nhearing aids in this state shall be registered biennially pursuant to\nthis article. Such person shall file with the secretary an application\…

§ 791. Hearing aid dispensing advisory board. 1. There is created\nwithin the department a hearing aid dispensing advisory board which\nshall consist of thirteen members to be appointed by the secretary: four\nof whom shall be non-audiologist hearing aid dispensers who shall hav…

§ 792. Hearing aid dispensers account. There is hereby established in\nthe custody of the state comptroller and the secretary a hearing aid\ndispensers account into which all fees collected pursuant to this\narticle shall be deposited. The money in such account shall be utilized…

§ 793. Registry. The secretary shall establish a state registry which\nshall list and identify on a county-by-county basis all registered\nhearing aid dispensers, trainees, audiologists engaged in the business\nof dispensing hearing aids and businesses registered pursuant to\nsu…

§ 794. Continuing education requirements. 1. Prior to the expiration\nof a certificate of registration and as a condition of renewal, each\nhearing aid dispenser registered pursuant to subdivision one of section\nseven hundred ninety of this article shall submit documentation sh…

§ 795. Renewal of certificate of registration or temporary certificate\nof registration. 1. The secretary shall provide a method for the\nbiennial review of a certificate of registration and temporary\ncertificate of registration.\n 2. The department shall reissue a certificate …

§ 796. Training program; requirements; examination and re-examination.\n1. The secretary, in consultation with the board, shall establish a\nfull-time, twelve month training program for those persons wishing to\napply for registration as a hearing aid dispenser, except those hea…

§ 797. Fees. The secretary shall receive the following fees to be\ndeposited into a special revenue fund - other entitled the "hearing aid\ndispensers account" for the implementation, operation and enforcement of\nthis article:\n 1. a nonrefundable fee of fifty dollars from each…

§ 798. Business practice; requirements. 1. Every registrant who\nengages in the dispensing of hearing aids shall have and maintain a\nprincipal office or place of business. Each registrant shall report to\nthe secretary the address of each such office or place of business at\nwh…

§ 799. Administration; suspension and revocation of registrations;\nfines; reprimands. 1. (a) The secretary shall refer each complaint which\nalleges conduct constituting a violation of article one hundred\nfifty-nine of the education law committed by an individual licensed\npur…

§ 8. Trades, manufactures, and mechanical employments prohibited on\nSunday. All trades, manufacturers, agricultural or mechanical\nemployments upon the first day of the week are prohibited, except that\nwhen the same are works of necessity they may be performed on that day\nin …

§ 80. License certificates, pocket cards or badges. Upon the issuing\nof a license as hereinbefore provided the department of state shall\nissue to each person, partner, member of a limited liability company or\nofficer of a corporation making and filing a statement required by\…

§ 800. Denial of registration; complaints; notice of hearing. 1.\nDenial of registration. The secretary shall, before making a final\ndetermination to deny an application for a registration, notify the\napplicant in writing of the reasons for such denial and shall afford the\nap…

§ 801. Judicial review. The action of the secretary pursuant to a\nhearing in refusing to grant or to renew a certificate of registration\nor a temporary certificate of registration, in revoking or suspending\nsuch registration or imposing a civil penalty, shall be subject to\nr…

§ 802. Special provisions; not-for-profit sales. 1. No\notolaryngologist or other licensed physician who has conducted a medical\nevaluation of hearing loss shall engage in the business of dispensing\nhearing aids for a profit. No otolaryngologist or other licensed\nphysician wh…

§ 803. Powers of the secretary. 1. The secretary shall promulgate such\nrules and regulations as are deemed necessary to effectuate the purposes\nof this article, and shall provide written notification of the\nprovisions of this article and a copy of the registration application…

§ 804. Penalties. Any person found to have engaged in the dispensing\nof hearing aides or in the business of dispensing hearing aids without\nbeing registered pursuant to this article shall be guilty of a class A\nmisdemeanor.\n

§ 805. Separability. If any section or provision of this article shall\nbe adjudged by any court of competent jurisdiction to be invalid or\ninapplicable to any person or situation, such judgment shall not affect,\nimpair or invalidate any other section or provision of this arti…

§ 81. Employees. 1. The holder of any license certificate issued\npursuant to this article may employ to assist him in his work of private\ndetective or investigator or bail enforcement agent as described in\nsection seventy-one of this article and in the conduct of such busines…