Bill S3843-2011

Provides a three day right of cancellation for purchases of recreational vehicles

Provides a three day right of cancellation for purchases of recreational vehicles.

Details

Actions

  • Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
  • Mar 7, 2011: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S3843

TITLE OF BILL: An act to amend the general business law, in relation to providing a three day right of cancellation for purchases of recreational vehicles

PURPOSE: To allow consumers three days to cancel the purchase of a recreational vehicle.

SUMMARY OF PROVISIONS:

Section 1--Amends the general business law by adding a new section 399-zzzz to read as follows: Recreational vehicles; three day cancellation. The term "recreational vehicle" shall have the same meaning as "house coach" as defined in section one hundred nineteen of the vehicle and traffic law.

Provides that any contract for the purchase and sale of recreational vehicle be accompanied by a duplicate "Notice of Cancellation" form attached to the contract that will allow the consumer to cancel the purchase contract without penalty or obligation, within three days of receipt of the contract; and

Section 2--Sets the effective date.

JUSTIFICATION:

Currently, there is no "cooling off period" under New York State law that allows consumers to cancel the purchase of a recreational vehicle. This legislation would address this issue by providing consumers with an option to cancel the purchase contract of a RV without penalty or obligation, within three days from the date that contract is signed. It would not apply to the sale of any recreational vehicle which has been custom designed to the specifications ordered by the consumer.

LEGISLATIVE HISTORY:

New Bill.

EFFECTIVE DATE: This act will take effect on the thirtieth day after it shall become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3843 2011-2012 Regular Sessions IN SENATE March 7, 2011 ___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to providing a three day right of cancellation for purchases of recreational vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-zzzz to read as follows: S 399-ZZZZ. RECREATIONAL VEHICLES; THREE DAY CANCELLATION. 1. FOR PURPOSES OF THIS SECTION, THE TERM "RECREATIONAL VEHICLE" SHALL HAVE THE SAME MEANING AS "HOUSE COACH" AS DEFINED IN SECTION ONE HUNDRED NINETEEN OF THE VEHICLE AND TRAFFIC LAW. 2. ANY CONTRACT FOR THE PURCHASE AND SALE OF A RECREATIONAL VEHICLE SHALL BE ACCOMPANIED BY A COMPLETED FORM IN DUPLICATE, CAPTIONED "NOTICE OF CANCELLATION", WHICH SHALL BE ATTACHED TO THE CONTRACT AND EASILY DETACHABLE, AND WHICH SHALL CONTAIN IN AT LEAST TEN POINT TYPE THE FOLLOWING: "NOTICE OF CANCELLATION YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITH- IN THREE DAYS FROM THE DATE THAT A COPY OF AN EXECUTED CONTRACT IS RECEIVED BY YOU. TO CANCEL THIS CONTRACT, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE, TO (___________________________) at (_________________________) NAME OF RECREATIONAL VEHICLE BUSINESS ADDRESS DEALER NOT LATER THAN MIDNIGHT OF THE THIRD DAY FOLLOWING YOUR RECEIPT OF A SIGNED CONTRACT. I HEREBY CANCEL THIS TRANSACTION. ___________________________ (signature of consumer)
___________________________" (date) 3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE SALE OF ANY RECREATIONAL VEHICLE WHICH HAS BEEN CUSTOM DESIGNED TO SPECIFICATIONS ORDERED BY THE CONSUMER, WHERE SUCH SPECIFICATIONS ARE NOT READILY AVAILABLE IN A BASE MODEL OR OPTION PACKAGE OFFERED BY THE RECREATIONAL VEHICLE DEALER. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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