How long does a vehicle extended warranty company have to produce a refund after they have recieived a request for cancellation?
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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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 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.
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