senate Bill S3843

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to consumer protection
Mar 07, 2011 referred to consumer protection

S3843 - Bill Details

See Assembly Version of this Bill:
A8994
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add ยง399-zzzz, Gen Bus L

S3843 - Bill Texts

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

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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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3843

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09160-01-1

S. 3843                             2

___________________________"
(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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