Section 738. Contracts; requirements and contents  


Latest version.
  • 1. Every contract between
      a  consumer and an automobile broker business shall be in writing, shall
      be dated, shall contain the street  address  of  the  automobile  broker
      business and the consumer and shall be signed by the consumer and by the
      automobile  broker  business.  Every  contract  shall  comply  with  the
      requirements set forth in this section and contain the following:
        (a) A complete description of the automobile and each option, if  any,
      ordered;   a   statement  of  whether  the  automobile  is  or  will  be
      manufactured in accordance with United States specifications and  is  or
      will  be certified by the manufacturer as such; if the automobile is not
      or will not be manufactured in accordance with United States safety  and
      environmental   specifications,   and  the  consumer  has  retained  the
      automobile broker business  to  arrange  for  the  modification  of  the
      automobile  to  meet such specifications, the name and street address of
      the modification facility and a statement in immediate proximity to such
      information that the automobile broker business assumes  full  financial
      responsibility that the automobile will be properly modified to meet all
      United States safety and environmental specifications.
        (b)  The price of the automobile including any options ordered. If the
      price set  forth  is  an  estimated  price,  a  statement  in  immediate
      proximity  to  the  price  that the price is an estimated price only and
      that the consumer has the right to cancel the contract and to receive  a
      full  refund if the final price exceeds the estimated price by more than
      five percent.
        (c) The estimated delivery date of the automobile  and  the  place  of
      delivery  and  a  statement  in  immediate  proximity  to  the estimated
      delivery date  that,  if  the  automobile  has  not  been  delivered  in
      accordance with the contract within thirty days following such estimated
      delivery  date, the consumer has the right to cancel the contract and to
      receive a full refund, unless the delay in delivery is  attributable  to
      the consumer.
        (d)  A  statement  of  whether  or  not  the  manufacturer's  warranty
      accompanying the automobile is the same warranty as  that  furnished  to
      purchasers  of that make automobile from an authorized dealer located in
      the United States.
        (e) A description of any other services  and  an  itemization  of  the
      charges for each.
        (f)  If a consumer elects to cancel the contract pursuant to paragraph
      (b) or  (c)  of  this  subdivision,  he  shall  notify  in  writing  the
      automobile broker business at the address specified in the contract. The
      automobile  broker  business  shall  make  a full refund to the consumer
      within ten business days following receipt of the request for a  refund.
      The  contract  shall  contain  a statement, setting forth the consumer's
      right to cancel the contract  under  paragraphs  (b)  and  (c)  of  this
      subdivision   and  the  refund  obligations  of  the  automobile  broker
      business.
        (g) The statements required by paragraphs (a), (b),  (c)  and  (f)  of
      this subdivision shall be printed in at least ten point bold type.
        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  ten
      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.
    
          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.
     
      I hereby cancel this transaction."
     
                                         _________________________________
                                               (signature of consumer)
     
                                             _________________________
                                                        (date)
     
        3. An automobile broker business shall deliver to the consumer or mail
      to him at the address shown on the contract, an executed copy thereof.