Preview
FILED: NASSAU COUNTY CLERK 03/10/2023 03:49 PM INDEX NO. 604165/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/10/2023
"A"
Exhibit
FILED: NASSAU COUNTY CLERK 03/10/2023 03:49 PM INDEX NO. 604165/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/10/2023
&M 553-NY-e 3/22
RETAIL INSTALMENT CONTRACT
SIMPLE FINANCE CHARGE
Buyer Name and Address Co-B°yer Name and Address Seller-Creditor (Marne and Address)
Oncluding County and Zip Code) (including Courity and Zip Code)
At£X MRE1TER MICHAELT REllˆR GOLDCOAST ERATI
3893MILLROAD 2000ROYALCollRT 732NORTHERN D
SEAFORD, NYNASSAR11783 NORTHHILLS,NASSAU,NY11M0 GREATNECK,NY11021
You, the Buyer (and Co-Buyer, if any may buy the vehicle below for cash or on credit. By signing this contract, you choose to
buy the vehicle on
credit under the agreements m this contract. Wu agree to pay the Seller - Cieditor (sometirnes "we" or"us" in this
contract) the Amount Pinanced
and Finance Charge in U.S. funds accordinglo the payrnent schedule below. We will figure your finance charge on a Truth"in-
daÈy basis. The
Lending Disclosures below are part of this contract.
Ñew/UsedlDemo Year Make and Model Vehicle Identification Number Primary use For Which Purchased
Personal,family,or householdunless
USED 2022 BMWMB WBSGV00MNCJ27750 O business
O agdoultural O N/A
FEDERAL TRLITH-IN-LENDING DISCL Å’SUT S GAP Walver Notice
ANNUAL . FINANCE Amotmi Total of Total Bale O 11thisbox18checked,andif thevehide is a total loss
PERCENTAdE CHARGE Financed Payments Price becauseIt is confiscated,damaged,or stolenaou will
RATE The dollar The amount of The amount you The total cost of
The cost of amount the notbe Ifablefor the gap amount.The gap amountIsthe
credit provided will have pald after your purchase on
your credit as credit will to you or you have made all excesselfany, of (1) the amountyou wouldowe under
credit, including
4 yearly rate. cóst on your beha f payments as your down thiscontractas of thedateof lossif thevehiclewerenot
sch uled. payment g a total loss and you were to prepaythe contractin full
5.000:00--s w Niese get for tancelling optional
N4 % $ 33 9. 27 $ 1 8 2 8 175 I 00< T } I m [ service tother culrectsh
9
Your Payment Sched {Âx¾ill Bev (e) r lns esti yo b e p o s
Number of Arn nt of \ . h ctual cash value of the vehicle
Payments Payments us
i nmediatelybeforethe loss.
75 S 2335A4 . . MotitNY beginning.W14/2022 Trade-InPayoffAgreement Sellerreliedoninformation
One Final from you and/orthe lienholderor dessorof yourtrade-In
Payment of S N/A On N/A vehicleto arriveat the payoffamountshownInitem 2 of
the ItemizaHenof AmountFinance(Ias the"PayoffMade
N/A by seller?Â¥ouunderstandthat the amountquotedis an
a tual payoff amount Is more than the amount
.. ¬shown in 2 you must pay the Seller the excess on
Lateüjïgge, if payment is nel receivedin full within 0 days a ter Al a go demand.If the actual payoff amount la less than the
$ 00 or 5 % of the part of the endhat is lat _ eate . amountshownIn2 Sellerwill refundto you any overage
Wepayment f you pay early, you will nothave to pay a lty. Sellerreceivesfromyourpriorlienholderor lessor.
Security %terestdou are gMng a security interestin the
Additional Informatiom See this contract for more informationincludinginformationabou n npayment 1t, BuyerSignatureX
any requiredrepaymentin full beforethe scheduleddate and securityinterest. Co-BuyerSignatureW
WARRANTES .
Thefonoeingppagraphdoesnotaffectany warran6escoveringthevehiclethatthemanufacturer mayprwideor liitit an . mayhaveundertheLemonLawsor,forusedveNcles, .
wasindudedin yourpurchasecontract.TheIbilowingparagraphalsodoesnotapp
underthesertificateof serviceability1hat e vehicleis a usedveNdeyou boughtin NewYorkGity.
Unless1heBellermakesa wditan warranty or enters into a servicecontractwilhin 90 daysqi the date of this contract,the Sellermakes no warraritieson the vehicle. Maldng
no warrantiesineans that you get no expresswarrantles,and no1mpliedwarrantlet of merchantabilityor fitnessfor aparticularpurpose.
Thefollowingno6eeonly appliesto usedvehiclesboughtin NewYorkCily:
IMPORTANT NOTICE TO BUYER
(A) STATE LAW REQ UIRES THAT SELLERS OF SECOND-HAND CARS CERTIFY INWRITINGTO THE BUTER THAT EACH CAR ISlN SAFE
CONDITION AT THE TIME OF SALE.
(B) THIS CERTIFICATION IS A GUARANTEE THAT THE CAR IS IN SAFE CONDITION AT THE TIME OF SALE.
(C) YOUflAVE A RIGHT TO REQ UEST THE DEALER TO REPAIR OR TO PAY IN FULL FOR REPAIRS OF ANY UNSAFE CONDITION IN THE
CAR WHICH DOES NOT COMPLY WITH THIS GERTIFICATION.
(D) THIS BUSINESS IS LICENSED BY THE DEPARTMENT OF CONSUMER AFFAIRS, 42 BROADWAY, NEW YORK, NEW YORK 10004. I
COMPLAINT PHONEy (212) 6394675.
LAW 553-NY-e 3/22 v t Page 1 of 5
FILED: NASSAU COUNTY CLERK 03/10/2023 03:49 PM INDEX NO. 604165/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/10/2023
ITEMlZATIONOF AMOUNTRNANCED Insurance.Youmaybuy the physicaldamageinsurance
1 Cash Price
(including$ 11ti79.73 salestaxi $ 137.504J3 t e b to us. y u may o p id a p ysc
damageinsuranceIbroughan existingpolicy ownedor
2 TotalDownpayment
= controlled you that is acceptableto us,You are not
Yourtran-in k n 201i9MERCEDESSENE required10 any otherinsuranceto obtaincreditunless
CAASS 55SWF8HR8KU319629
War Make the box ind ng Vendor'sSingleInterestInsuranceis
Model VehicleidenlMcationNo. requiredis checkedbelow.
GrossTrade-inAllowance If any insurance is checited below, policies or
$ 55.000.00 ceriticates from the named insurancecompanieswill
LessPayoffMadeBy Segerto N1BRNANCIAL $. descdbethe larmsandconditions,
(ey 46,66640
EqualsNetTradeIn
$ 8,334,00 Checkthe Insuranceyou wantand sign below:
+ Cash
$ 6 566 00 Optional Credit insurance
+ othat N/A
S Nf& . O credit ure: O Buyer O co-Buyer O Both
+ OtherNfA
N/A O credit Disability: O 8uyer O co-Boyer O Both
+ OtherN/A
$ N/A Premium:
Oftotaldownpayment b negative,enter"0 andsee 41
beløW) $ 15kÛ0 D (2) CreditLife$ N/A
5 UnpaidBalanceof CashPrice(1 minus2)
$ 122.504J3 . (3) CreditDisaNEty$ N/A . .....
4. OtherChargesincludingAmountsPaidto OthersonYour
Behalf insumnceCompanyNameN/A ... .
(Sellermaykeeppartof theseamounts):
N/A
A .Costof OptionaiCrsditInsurancePaidto Insurance
Companyor Companies HomeOlliceAddressN/A
Ute
$ N/A WA
DisabRity N/A credit life insuranceand oreditdisabilityInsuranceare
$ N/A
$ Wndo a Simle erestInsurancePaidto Insurance not requiredto obtaincredit.Yourdecisionto buy or not
Company WA
C other OptionalinsurancePaidto InsuranceCompanyor Companies buy credit life insuranceand credit disabilityinsurance
$ N/A will not be a factorIn the creditappmel process.They
D OliicialFeesPaidto Govemment$mesies will not be providedunlessyou sign and agree to pay
to N/A for !4 the extra cost.If you choosethis insurance,the cost Is
N/A
to N/A for N/A T shown Item · the Iterruzation of Amount
gofa ce is basedonyour origlhal
to NJA tor NfA
A ut a e Inswance may not pay all you
E Govemment
TaxesNotInchud in CashPgice . °ª **
A
P GovemmentUnenseand/or nee ces not coverany increasein your
.. . ees
th ber of payments.Coveragefor
N/A creditlife insuranceandcredit disabilityinsuranceends
REGISTRA 0NFEF on the original due date for the lesi paymentunlessa
$ 275,00 . .
G GovemmentCertificateofTitle Fees differentterm for the insuranceis shownbdow.
$ N/A
GovemmentWasteTire Management Fee $. N/A
OtherCharass(Sallermustidentifywhois oaidand desotibepurpose
to N/A for PriorCreditor LeaseBalancefe) . . N/A
$ Other Optiorial Insurance
o DEALER tor DOCUMENTATI . 175.00
s O . N/A . N/A
to STATE for VEMICLE
INS TIÇNFEE 040 ... pe of insuance Tenn
_,
to EXPERIENCE for ROADHAZAND f 2d08 \ Premium$ NfA
to N/A for N/A $ ) N/Al InsuranceCompanyNameN/A
to N/A for N/A $ N/A) NfA
to N/A for N/A HomeOfficeAddressNfA
to N/A. .. . . for N/A $ N/A NfA
to N/A .. . for N/A $ A N/A.
O N/A
to N/A for N/A $ N/A TypeoHnswance Term
to N/A for N/A $ N/A Premiurn$ WA
to N/A for N/A $ N/A insuranceCompanyNameN/A
lo N/A . for N/A $ N/A NfA
TotWOtherChargesandAmountsPaidtó Otherson½ur Behalf g SJSS 00 HomeOfficeAddressN/A
)
5 AmountRnanced(3 + 4 $ 126,259.73 MA
(5)
Otheroptionalinsuranceis not requiredto obtaincredit
Yourdecisionto buyornot buyotheroptionalinsurancewill
OPTIONr You pay no finance charge if the Amount Financed, itern 5, is paid in full on or before notbea factorin thecreditapprovalprocess.itwilinot be
providedunlessycesignandagreeto pay theextracost.
. N/A , Year N/A . SELLER3 INITIALS N/A
I wanttheinsurancecheckedabove.
20 X N/A N/A
lieturned Check Charge: You agree to pay a charge of $ If any check you give us BuyerSignature Date
is dishonored.
O VENDOR$SINGLEINTERESTINSURANCE NSI insurance):II theprecedingbotischecked,theCreditorrequiresVSI
insurancefor theinitialtermof thecontractto protectthe Creditorfor lossor damageto the vehicle(collision.lire, theft, Date
concealmentstn vsunsuranceIs for1heCreditor'ssols protection. Thisigisurance
doesnotpmtectyourinterestin the THIS INSURANCE DOES NOT INCLUDE
vehicle.Youmay choosethe insurancetompany through whichtheVSIIrgsurance is obtained.IIyouelecttopurchase
VStinsurancethroughthe Greditor,the cost of mis Insuranceis s N/A and18alsoshownin Itern4Bof the
AUSED TO OTHERS,
Itemizationof AmountRnanced.Thecoverageisfortheinitialtermofthecontract
LAW 553Me 3/22 vi Page 2 of 5
FILED: NASSAU COUNTY CLERK 03/10/2023 03:49 PM INDEX NO. 604165/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/10/2023
OTHER IMPORTANT AGREEMENTS
1, FINANCE CHARGE AND PAYMENTS if we choose, buy physical damage insurance. If we decide
a. How we will figure Finance Charge. We will figure the to buy physical damage insurance, we may either buy
Finance Charge on a daily basis at the Annual Percentage Insurance that covers your interest and our Interest in the
Rate on the unpaid part of the Amount Financed. vehicle, or buy insurance that covers only our interest. If we
b. How we win apply payments. We may apply each payment buy either type of insurance, we will tell you which type and
to the earned and unpaid part of the Fmance Charge, to the the charge you must paysThe charge will be the premium for
unpaid part of the Amount Financed and to other amounts the insurance and a finance charge computed at the Annual
you owe under this contract in any order we choose as the Percentage Rate shown on page 1 of this contract.
law allows, II the vehicle is lost or damaged you agree that we may use
c. How late payments or early payments change what you
any insurance settlement to reduce what you owe or repair
must pay. We based the Finance Charge, Total of the vehicle.
Payments, and Total Sale Price shown on page 1 of this e. What happens to returned Insurance, maintenance,
contract on the assumption that you will make every service, or other contract charges. If we get a refund of
payment on the day it is due, Your Finance Charge, Total of insurance, maintenance, service, or other contract charges,
Payments, and Total Sale Price will be more if you pay late we may subtract the refund from what you owe,
and less if you pay early. Changes may take the form of a
larger or smaller final payment or, at our option, more or 3. IFYOU PAY LATE OR BREAK YOUR OTHER. PFlOMISES
fewer payments of the same amount as your scheduled a, You may owe late charges. You will pay a fate charge on
payment with a smaller final payment. We will send you a each late payment as shown on page 1 of this contract.
notice telling you about these changes before the final Acceptance of a late payment or late charge does not
scheduled payment is due. excuse your late payment or mean that you may keep
d. You may prepay. You may prepay all or part of the unpaid
making late payments.
part of the Amount Fi t any time without penalty. if if you pay late, we may also take the steps described below.
you do so, you m ay the ined and unpaid part of e b. You may have to pay all you owe at once. If you break
Finance Charge all other ts '
up e ,o o es . mand that you pay all you
your payment. e n is . nt ea J to any right you have to
r ins t th ct for .les * see below), Default means:
2, YOUR OTHER PROM
a. If the vehicle is co
TO U
, da
U 1 l
. L .
o don t ava atonime
, or misleading inforrnation
mg
The following paragraph does not apply if the box in the GAP
during credit application;
Waiver Notice on page 1 of this contract is checked, " You start a proceeding in bankruptcy or one is started
You agree to pay us all you owe under this contract even if against you or your prpperty; or
the vehicle is confiscated, damaged, or stolen. The terms * You break any agreements in this contract.
and conditions of your liability if the vehicle is confiscated, The amount you will owe will be the unpaid part of the
1 damaged, or stolen are described in a separate document Amount Financed plus the eamed and unpaid part of the
you sign. The document is a part of this c Prepaid Finance Charge and the Finance Charge, any late
b. Using the vehicle. You agree not to re the v cle from charges, and any amounts due because you defaulted.
the U.S. or Canada, or to sell, rent, e, or tra fer . Y , sy . ve to pay collection costs. if we hire an
interest in the vehicle or this cont t ithout our i ten tt n y . o is not our salaried employee to collect what
permission. You agree not to expose vehicle to is se, ou ou will pay the attorney's fee and court costs as
seizure, confiscation, or involuntary tr r. If w a ny ermi e by law. The maximum attomey's fee you will pay
repair bills, storage bills, taxes, fines. es on will be % of the amount you owe,
vehicle, you agree to repay the amount when we ask for it. d. W y take the vehicle from you. If you default, we
c. Security interest m ake (repossess) the vehicle from you if we do so
You give us a security interest in: peacefully and the law allows it. If your vehicle has an
" it·
The vehicle and all parts or goods put on electronic tracking device (such as GiPS), you agree that we
" All money or goods received (proceeds) for the vehicle; may use the device to find the vehicle. if we take the vehicle,
" All insurance, maintenance, service, or other contracts any accessories equipment, and replacement parts will stay
we finance for you, and with the vehicle. If any personal items are in the vehicle, we
" All proceeds from insurance, maintenance, service, or may store them for you, if you do not ask for these items
other contracts we finance for you. This includes any back, we may dispose of them as the law allows.
refunds of premiums or charges from the contracts. e. How you can get the vehicle back If we take it. If we
This secures payment of all you owe on this contract. It also repossess the vehicle, you may pay to get it back. If two
secures your other agreements in this contract. You will things are true, you have the right to get the vehicle back by
make sure the title shows our security interest (lien) in the paying all past due payments, any late charges, and any
vehicle, You will not allow any other security interest to be expenses we incurred relateo to retaWDg ine Vehicle, holding
placed on the title without our written permission. it, and preparing it for sale (reinstate). First, you must have
d. Insurance you must have on the vehicle. bought the vehicle primariily for personal, family, or
You agree to have physical damage insurance covering loss household use. Second, your only default is a failure to pay
of or damage to the vehicle for the term of this contract. The an instalment payment on time. Othemise, we will tell you
insurance must cover our interest in the vehicle. You agree to how much to pay to get the vehicle back. Your right to get the
name us on your insurance policy as an additional insured vehicle back ends when we sell it
and as loss payee. If you do not have this insurance, we may,
LAW 553RWe N22 vt Page 3 of 5
FILED: NASSAU COUNTY CLERK 03/10/2023 03:49 PM INDEX NO. 604165/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/10/2023
f. We will sell the vehlete If you do not get It back. if you do
not redeem, we will sell the vehicle. We will send you a 5. SERVICING AND COLLECTION CONTACTS
written notice of sale before selling the vehicle. You agree that we may try to contact you in wr ting, by e-mail, or
We will apply the money from the sale, less allowed using prerecorded/artificial voice messages, text messages, and
expenses, to the amount you owe. Allowed expenses are automatic telephone disting systems, as the law allows. You also
expenses we pay as a direct result of taking the vehicle, agree that we may try to contact you in these and other ways at
holding it, preparing it
for sale, and selling it Attomey fees any address or telephone number you provide us even if the
and court costs the Iaw permits are also allowed expertses. telephone number is a cell phone number or the contact results
g
If money is left (surplus), we will pay it to you uritess the in a charge to you.
law requires us to pay it to someone else. If money from the
sale is not enough to pay the amount you owe, you must pay 6. APPLICABLE LAW
the rest to us. If you do not pay this amount when we ask, we Federal law and the law of the state of New York apply to this
may charge you interest at a rate not exceeding the highest contract.
lawful rate until you pay.
g. What we may do about optional insurance, main- Electronic Contracting and Signature Acknowledgment. You
tenance, service, or other contracts. This contract may agree that (i) this contract is an electronic contract executed by you
contain charges for optional insurance, maintenance, using your electronic signature, (ii) your electronic signature signifies
service, or other contracts. If we demand that you pay all you your intent to enter into this contract and that this contract be legally
owe at once or we repossess the vehicle, you agree that we valid and enforceable in accordance with its terms to the same extent
may claim benefits under these contracts and cancel them to as if you had executed this contract using your written signature and
obtain refunds of uneamed charges to reduce what you owe
(iii) the authoritative copy of this contract ("Authoritative Copy") shall
or repair the vehicle. If the vehicle is a total loss because it
be that electronic copy that resides in a document management
Is confiscated, damaged, or stolen, we may claim benefits
system designated by us for the storage of authoritative copies of
under these contracts and cancel them to obtain refunds of
electronic records, which shall be deemed held by us in the ordinary
uneamed charges to reduce what you owe.
course of business. Notwithstanding the foregoing, if the Authoritative
Copy is converted by printing a paper copy which is marked by us as
4. Used Car Buyers G e. The ormation you see on e ' "
o r acknowledge and agree
window form for I vehicle I r o t a . . i electronicsignature also
Information on the ndow torm 3 rri s n ry . ce'
co s it is rvery o ch Paper Contract, (.2) your
provisions in the co tr ct of sal
el c o i re o coritract, when affixed to the
Spanish Translation: cor r ic I
er lid and binding signature on
the Paper Contract and (3) subsequent to such conversion, your
e n la para e vehfou o forma parte del pre n
obligations will be evidenced by the Paper Contract alone.
contrato. La Informaclón del formulario de la ventanilla deja
sin ofacto toda disposición en contrario contenida en el
contrato de venta.
NOTICE: ANY HOLDER OF THIS CONSU IT CONTRACT IS SUBJECTTO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAIN E S LER 0F GOODS OR SERVICES 0.BTAINED PURSUANT HERETO OR
WITH THE PROCEEDS HEREOF. REC V RY H LL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
The preceding NOTICE applies only to g r ic et i y for rsonal, family or household use. In all other
cases, Buyer will not assert against any subsequent holder or assiga a o this co act any clairns or defenses the Buyer (debtor)
may have against the Seller, or against the manufacturer of the veti or eq ent obtained under this contract.
L4W SS$-NÂ¥e 3/22 vi Page 4 of 5
FILED: NASSAU COUNTY CLERK 03/10/2023 03:49 PM INDEX NO. 604165/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/10/2023
NO COOLING OFF PERIOD UNLESS YOU HAVE A CONTRACT CANCELLATION OPTION
State law does not provide for a "cooling off"
or cancellation period for this sale. After you sign this contract,
you may only cancel It If the seller agrees or for legal cause. You cannot cancel this contract simply because
you change your mind. This notice does not apply to home solicitation sales. It also does not apply if you buy
a used vehicle from a Seller-Creditor located in New York City and you did not decline your option to cancel.The
laws of New York City provide a two-day cancellation option If you buy a used vehicle. This cancellation option
1s subject to certain conditions. See the NYC Used Car Contract
Cancellation Option agreement for details.
The Annual Percentage Rate may be negotiable with the Seller.The Seller may assign this contract
and retain Its right to receive a part of the Finance Charge.
HOWTHISCONTRACTCANBE CHANGED.Thiscontractcontainstheentir
ent betweenyouandus relatingtothis contract
Anychangcontract mustbein writingand
we mustsignit.No oral changesarebinding. Buyer Signs X Co-Buyer Signs X
If any partof this contractis not valid, all o er parts stay valid.We
maydelayor refrainfrom enforcingany of our rightsunderthis contractwithout
fosingthem.For example,we
may extendthe time for makingsomepaymentswithoutextendingthe timefor makingothers.
See the rest ef this contract for other important agreements.
NOTICE TO BUYER: 1. Do not sign thls agreement before you read it or If it contains blank space. 2. You are entitled to a
completely filletl frà popy of this agreement. 3. Under the law, you have a right to any
do so, you wiii)(de'pending pay off m advance the full amount due. if you
on the nature of the credit service
charge, either: (a) prepay without penalty, or (b) under certain
circumstances "obtain a rebate of the credit service charge. 4.
According to law you have the privilege of purchasing the
insurance on the motor vehicle provided for in this contract from an agent or broker of your own selection.
You agree to the terms of this contract.You confirm that before you signed this
contract, we gave it to you, and you were free to take
It and review it.You confirm that ou received a
completely fiRed-in copy when you signed II.
flETAIL TRACT
INSTALMENT,
Buyer Signs X s \ s hÓ"20Ó o-B y r I ns Date 09/30/2022
Buyer Printed Name ALEh REITER ar, I A E
It Ike heiness" usetax is checkedin 'PrirnaryUsefor WhichPurchased*:
PrintNameN/A Title N/A
Co-Buyersand Other Owners- A co-buyeris a peracewho is responsible the entiredebt An otherowneris a
forpaying personwhosenameis on the title to the vehlolebut
doesnothaveto pay thedebt.Theotherowneragreestothe securityinterestin thevehiclegivento uslit thiscontract.
nihar ownerQnt haraX N/A
.. Wram N/A
SellerRinneGOLDcOASTMASERATI nata 09/30/2029 - By Title Fmanagert
M NY-e marm
as c u cohn v i own e unenL LAW 553-NY-e 3/22 vt Page 5 of 5