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  • Michael Reiter, Alex Reiter v. Gold Coast Maserati, Bank Of AmericaCommercial - Other (Fraud, misrepresentation) document preview
  • Michael Reiter, Alex Reiter v. Gold Coast Maserati, Bank Of AmericaCommercial - Other (Fraud, misrepresentation) document preview
  • Michael Reiter, Alex Reiter v. Gold Coast Maserati, Bank Of AmericaCommercial - Other (Fraud, misrepresentation) document preview
  • Michael Reiter, Alex Reiter v. Gold Coast Maserati, Bank Of AmericaCommercial - Other (Fraud, misrepresentation) document preview
  • Michael Reiter, Alex Reiter v. Gold Coast Maserati, Bank Of AmericaCommercial - Other (Fraud, misrepresentation) document preview
  • Michael Reiter, Alex Reiter v. Gold Coast Maserati, Bank Of AmericaCommercial - Other (Fraud, misrepresentation) document preview
  • Michael Reiter, Alex Reiter v. Gold Coast Maserati, Bank Of AmericaCommercial - Other (Fraud, misrepresentation) document preview
  • Michael Reiter, Alex Reiter v. Gold Coast Maserati, Bank Of AmericaCommercial - Other (Fraud, misrepresentation) document preview
						
                                

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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 ŒSUT 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?¥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$-N¥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 frí 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