Contract Cancellation Conditions
Summary
The contract clause covers limited cancellation conditions such as vehicle being totaled or repossessed, and refund policies. Selling the vehicle does not qualify for cancellation. Consult a local attorney for specific advice. Free legal resources include LegalAdvice subreddit, Pro Bono Net, and FreeAdvice Forum.Full Conversation
I have a contract that I want reviewed.
Hello Miranda, I'm here to assist you. However, as a general legal information provider, I can't review contracts. I'd recommend contacting a local attorney for personalized advice. West Virginia State Bar's Lawyer Referral Service could be a good starting point.
Are you able to tell me about a certain clause in a contract if I provide it
Hello Miranda, I can certainly try to help you understand the general concept of a clause if you provide it. However, I'm unable to provide a legal interpretation or advice. Please share the clause.
*. Limited Cancellation
a. This form is non-cancellable unless the VEHICLE is (*)
declared a total loss by the automobile liability insurance
company insuring the VEHICLE; or (*) the VEHICLE
is validly repossessed by the Lienholder. To complete
such cancellation, YOU must notify the SELLER or the
ADMINISTRATOR in writing and submit the following
documents and information:
i. A copy of this CONTRACT;
ii. Verification of mileage at the time of request; and
iii. If REPOSSESSED – supply a copy of the repossession
papers;
iv. If TOTALED – supply a copy of the automobile liability
insurance company’s verification of loss; or
b. WE may only cancel this CONTRACT for (i) fraud or material
misrepresentation by YOU; (ii) YOUR failure to pay for this
CONTRACT; or (iii) if it is determined by US that YOUR
VEHICLE does not meet OUR eligibility requirements.
c. If YOUR VEHICLE and this CONTRACT have been financed,
the Lienholder set forth on page * of this CONTRACT may
cancel this CONTRACT for default of the loan agreement.
In the case of a repossession or total loss during the term
of this CONTRACT, the Lienholder may have the right to
cancel this CONTRACT effective the date YOUR VEHICLE
was repossessed or totaled. In such event, notification within
90 days of the repossession or total loss and submission of
documents to the ADMINISTRATOR is required.
*. Refunds
a. YOU may cancel this CONTRACT by notifying the SELLER
or the ADMINISTRATOR in writing within 20 days after
receipt of this CONTRACT if it was mailed to YOU, or within
20 days of delivery if this CONTRACT was delivered to YOU
on the CONTRACT PURCHASE DATE. Upon return of this
CONTRACT within such time period, and if no claims have
been made prior to its return, this CONTRACT is void and
YOU will receive a full refund of the Contract Retail Price
within 45 days of receipt of YOUR request for cancellation
by the SELLER or the ADMINISTRATOR. A *% penalty per
month will be added to any full refund that is not paid or
credited within such 45 day time period. The right to void
this CONTRACT for a full refund is not transferable and shall
only apply to the original Customer.
b. YOU may cancel this CONTRACT after the applicable time
period, as set forth in subsection *.a. above, or if a claim
has been made, for one of the limited purposes set forth in
this section by notifying the SELLER or ADMINISTRATOR
in writing. YOU will receive a pro rata refund based on the
lesser of remaining days or mileage on this CONTRACT
minus: (*) any claims authorized or paid; and (*) a $*
cancellation fee. In the event the cost of this CONTRACT
is part of a retail sales contract, the Lienholder set forth on
page * of this CONTRACT may be named on the refund
check where permitted by law.
c. In the event this CONTRACT is cancelled by US, YOU will
receive a pro rata refund based on the lesser of remaining
days or mileage on this CONTRACT minus: (*) any claims
authorized or paid; and (*) a $* cancellation fee.
d. If the SELLER cannot return the portion of the refund for
which they are responsible due to bankruptcy, insolvency
or if they are otherwise out of business, WE shall refund the
SELLER’S portion of the refund to YOU.
e. Any cancellation refund due under this CONTRACT
will be calculated using the date the SELLER or the
ADMINISTRATOR receives a cancellation request from YOU
or YOUR authorized representative.
This contract clause mainly covers two areas:
*. Limited Cancellation: The contract can be canceled in specific cases like the vehicle being totaled or repossessed. The seller or administrator must be notified in writing and certain documents must be provided.
*. Refunds: You can cancel the contract within 20 days of receipt or delivery for a full refund, provided no claims have been made. Post this period, or if a claim has been made, refunds are on a pro rata basis with certain deductions. The refund calculation date is when the cancellation request is received.
*. Limited Cancellation: The contract can be canceled in specific cases like the vehicle being totaled or repossessed. The seller or administrator must be notified in writing and certain documents must be provided.
*. Refunds: You can cancel the contract within 20 days of receipt or delivery for a full refund, provided no claims have been made. Post this period, or if a claim has been made, refunds are on a pro rata basis with certain deductions. The refund calculation date is when the cancellation request is received.
So after reading that clause, is it possible to cancel the contract after selling the vehicle?
Based on the provided clause, the contract cancellation is not tied to the sale of the vehicle. Cancellation conditions are related to the vehicle being totaled, repossessed, or fraud. However, it's recommended to consult with a local attorney for precise advice.
Is it actually free to call them and get an answer or will you have to pay something to get a definitive answer?
The West Virginia State Bar's Lawyer Referral Service may charge a small fee for initial consultation. However, this varies from lawyer to lawyer. It's advisable to confirm this with them directly.
Is there another website that allows me to speak with a live person via chat to confirm that there isn't a way to cancel this contract>
Yes, there are a few online platforms where you can chat live with legal professionals. Some popular ones include JustAnswer, LawZam, and Avvo. Please note, these services may have fees associated. Always confirm the cost prior to engagement.
Is there any services that are *% free?
Yes, there are a few resources that offer free legal advice. They include:
*. LegalAdvice subreddit: You can post your questions here and get responses from legal professionals or knowledgeable individuals.
*. Pro Bono Net: This is a national nonprofit organization dedicated to increasing access to justice.
*. FreeAdvice Forum: This website offers a platform to ask questions and get responses from the community.
Please note, these are not substitutes for professional legal advice.
*. LegalAdvice subreddit: You can post your questions here and get responses from legal professionals or knowledgeable individuals.
*. Pro Bono Net: This is a national nonprofit organization dedicated to increasing access to justice.
*. FreeAdvice Forum: This website offers a platform to ask questions and get responses from the community.
Please note, these are not substitutes for professional legal advice.
Thanks
You're welcome, Miranda! If you have any more questions in the future, don't hesitate to ask. Remember, it's always best to consult with a local attorney for specific legal advice. Have a great day!