Bill Text: NY S02672 | 2025-2026 | General Assembly | Introduced


Bill Title: Increases the notice of cancellation requirements for automobile broker businesses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-22 - REFERRED TO RULES [S02672 Detail]

Download: New_York-2025-S02672-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2672

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 22, 2025
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the general business law, in relation to increasing  the
          notice of cancellation requirements for automobile broker businesses

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 738 of the general  business  law,
     2  as  added  by  chapter 616 of the laws of 1988, the opening paragraph as
     3  amended by a chapter of the laws of 2024 amending the  general  business
     4  law  and the vehicle and traffic law relating to automobile broker busi-
     5  nesses, as proposed in  legislative  bills  numbers  S.  7553-A  and  A.
     6  3499-B, is amended to read as follows:
     7    2. The contract shall be accompanied by a completed form in duplicate,
     8  captioned  "Notice  of  Cancellation"  which  shall  be  attached to the
     9  contract and easily detachable, and which  shall  contain  in  at  least
    10  twelve point type the following:

    11                          "Notice of Cancellation"
    12      "You  may  cancel  this contract, without any penalty or obligation,
    13  within three days from the date that a copy of an executed  contract  is
    14  received by you or until the automobile described in Section ( ) of this
    15  contract  has  been delivered to you, whichever is sooner, provided that
    16  if the automobile is not  delivered  to  you  in  accordance  with  this
    17  contract  within  thirty  days  of  the estimated delivery date, you may
    18  cancel this contract and receive a full  refund,  unless  the  delay  in
    19  delivery  is  attributable  to  you.  Additionally,  you may cancel this
    20  contract, without any penalty or obligation, for other grounds under New
    21  York State law, including but not limited to the  rights  enumerated  in
    22  Section 738 of the New York State General Business Law.
    23      To cancel this  contract,  mail or  deliver a  signed and dated copy
    24  of this cancellation notice, or any other written notice, to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02685-01-5

        S. 2672                             2

     1  (__________________________________) at (________________________)
     2   name of automobile broker business            address

     3  [not  later  than  midnight of the third day following your receipt of a
     4  signed contract] within the applicable timeframe.

     5  I hereby cancel this transaction."

     6                                     _________________________________
     7                                           (signature of consumer)

     8                                         _________________________
     9                                                    (date)

    10    § 2. Paragraph (e) of subdivision 1 of section 741-a  of  the  general
    11  business  law,  as amended by a chapter of the laws of 2024 amending the
    12  general business law and the vehicle and traffic law relating to automo-
    13  bile broker businesses, as proposed  in  legislative  bills  numbers  S.
    14  7553-A and A. 3499-B, is amended to read as follows:
    15    (e)  That  the  automobile  broker business is not affiliated with any
    16  [manufacturer, dealership, or dealership group] dealer,  as  defined  in
    17  section  four  hundred  fifteen  of  the vehicle and traffic law, or any
    18  motor vehicle franchisor, manufacturer, or  distributor  as  defined  in
    19  section four hundred sixty-two of the vehicle and traffic law.
    20    §  3.  This  act  shall  take  effect on the same date and in the same
    21  manner as a chapter of the laws of 2024 amending  the  general  business
    22  law  and the vehicle and traffic law relating to automobile broker busi-
    23  nesses, as proposed in  legislative  bills  numbers  S.  7553-A  and  A.
    24  3499-B, takes effect.
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