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NY State Legislature· A441-2025Signed by Governor

Increases the notice of cancellation requirements for automobile broker businesses, the official text

Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    441
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  R. CARROLL  -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 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:
 
   Section 1. Subdivision 2 of section 738 of the general  business  law,
 as  added  by  chapter 616 of the laws of 1988, the opening paragraph as
 amended by a chapter of the laws of 2024 amending the  general  business
 law  and the vehicle and traffic law relating to automobile broker busi-
 nesses, as proposed in  legislative  bills  numbers  S.  7553-A  and  A.
 3499-B, is amended to read as follows:
   2. The contract 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
 twelve point type the following:
 
                         "Notice of Cancellation"
     "You  may  cancel  this contract, without any penalty or obligation,
 within three days from the date that a copy of an executed  contract  is
 received by you OR UNTIL THE AUTOMOBILE DESCRIBED IN SECTION ( ) OF THIS
 CONTRACT  HAS  BEEN DELIVERED TO YOU, WHICHEVER IS SOONER, PROVIDED THAT
 IF THE AUTOMOBILE IS NOT  DELIVERED  TO  YOU  IN  ACCORDANCE  WITH  THIS
 CONTRACT  WITHIN  THIRTY  DAYS  OF  THE ESTIMATED DELIVERY DATE, YOU MAY
 CANCEL THIS CONTRACT AND RECEIVE A FULL  REFUND,  UNLESS  THE  DELAY  IN
 DELIVERY  IS  ATTRIBUTABLE  TO  YOU.  ADDITIONALLY,  YOU MAY CANCEL THIS
 CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, FOR OTHER GROUNDS UNDER NEW
 YORK STATE LAW, INCLUDING BUT NOT LIMITED TO THE  RIGHTS  ENUMERATED  IN
 SECTION 738 OF THE NEW YORK STATE GENERAL BUSINESS LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02685-01-5
 A. 441                              2
 
     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 automobile broker business            address
 
 [not  later  than  midnight of the third day following your receipt of a
 signed contract] WITHIN THE APPLICABLE TIMEFRAME.
 
 I hereby cancel this transaction."
 
                                    _________________________________
                                          (signature of consumer)
 
                                        _________________________
                                                   (date)
 
   § 2. Paragraph (e) of subdivision 1 of section 741-a  of  the  general
 business  law,  as amended by a chapter of the laws of 2024 amending the
 general business law and the vehicle and traffic law relating to automo-
 bile broker businesses, as proposed  in  legislative  bills  numbers  S.
 7553-A and A. 3499-B, is amended to read as follows:
   (e)  That  the  automobile  broker business is not affiliated with any
 [manufacturer, dealership, or dealership group] DEALER,  AS  DEFINED  IN
 SECTION  FOUR  HUNDRED  FIFTEEN  OF  THE VEHICLE AND TRAFFIC LAW, OR ANY
 MOTOR VEHICLE FRANCHISOR, MANUFACTURER, OR  DISTRIBUTOR  AS  DEFINED  IN
 SECTION FOUR HUNDRED SIXTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2024 amending  the  general  business
 law  and the vehicle and traffic law relating to automobile broker busi-
 nesses, as proposed in  legislative  bills  numbers  S.  7553-A  and  A.
 3499-B, takes effect.
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