How long does a vehicle extended warranty company have to produce a refund after they have recieived a request for cancellation?

UPDATED: Sep 16, 2010

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How long does a vehicle extended warranty company have to produce a refund after they have recieived a request for cancellation?

I sent a request to cancel a vehicle extended warranty policy. The contract provides that if it is canceled after 60 days I am entitled to a full refund less a 10% service charge or prorated fee whichever is greater. I sent the request to cancel on August 8th, 2010. The obligor of the policy, GIA said they are waiting for the dealer to sign the forms and that they do not contact the dealers to ensure they sign. I contacted the dealer and they were rather rude and showed no signs that they would do this in a reasonable amount of time.

Asked on September 16, 2010 under General Practice, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Some states have hard and fast rules that are laid out on certain issues (such as security deposits) and some do not.  It is best to ask an attorney in your state if there is one that applies to your particular situation as they should know or know where to look for a law on the subject.  But you really hit the nail on the head when you used the word "reasonable" as this is a general term used by most judges in deciding issues not specifically spelled out.  You can help move things along to "reasonableness" here.  Send a letter by certified mail to both the extended warranty people and the dealer.  State the provision in the contract that allows you to cancel.  Indicate the day the contract was signed and the day you canceled and that are well within the time constraints indicated.  State that you expect to have a refund within the next 30 days.  Then contact your state attorney general's office consumer division for help.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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