71.2. A contract for the sale or long-term lease of an automobile may provide a stipulation requiring a consumer who does not take delivery of the automobile to pay penalties or damages, provided the penalties or damages do not exceed the greater of $400 or an amount representing at most 2% of the sale price or, in the case of a long-term lease contract, the retail value of the automobile.
That stipulation is null if, at the time of formation of the contract, it was not expressly brought to the attention of the consumer.