Lemon Law Lemon

LEMON LAW ATTORNEY

LEMON LAW BACKED UP BY 15 YEARS EXPERIENCE IN AUTO REPAIR INDUSTRY

LEMON LAW PRACTICE IN SAN JOSE, SANTA CLARA COUNTY, AND S.F. BAY AREA


THE LAW OFFICES OF MILFORD REYNOLDS
480 NORTH 1ST STREET, P.O. BOX 103, SAN JOSE, CALIFORNIA 95103
(408) 283-8948   FAX: (408) 283-8949

SERVICE CONTRACTS

5. SERVICE CONTRACT CANCELLATION OPTIONS
WHEN SERVICE CONTRACTS CAN BE CANCELLED BY THE OBLIGOR OR BUYER

BUYER'S RIGHT TO CANCEL: A buyer of a used vehicle with NO manufacturer's warranty my cancel the contract WITHIN 30 days of the receipt of contract and receive a FULL refund if NO claims have been made.

If a claim has been made the buyer shall have a PRO RATA refund based time, mileage, or cost of repairs as specified in the contract. If a buyer elects to cancel AFTER 30 days the buyer shall receive a PRO RATA refund based time, mileage, or cost of repairs as specified. The contract must clearly state whether or not the buyer has an absolute right to cancel in the event the vehicle is lost, destroyed, or stolen.

OBLIGOR'S RIGHT TO CANCEL: An obligor may include a cancellation clause under the following conditions:

  • GENERALLY: An obligor may cancel within 60 days of purchase provide written notice, with the specific reasons given, is mailed and postmarked before the 61st day and a full refund is given with 30 days of cancellation. The cancellation date is deemed to be 5 days after the postmarked notice.
  • NON-PAYMENT: The obligor may cancel at any time for nonpayment but must mail notice of cancellation stating the exact reason, refund any payment made using the same guidelines for refunds as if the buyer cancelled. The cancellation date is deemed to be 5 days after the postmarked notice.
  • MISREPRESENTATION: The obligor may cancel at any time for misrepresentation but must mail notice stating the specific misrepresentation, give a pro rata refund in 30 days.

CLAIMS MADE BEFORE CANCELLATION: An obligor must pay any claim made before cancellation if it is covered by the contract. A claim is considered made if the buyer has taken the first step specified in the contract in making a claim.