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Simonizing warranty: cancellable?

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by ltravisjr, Jan 14, 2022.

  1. ltravisjr

    ltravisjr Law Topic Starter New Member

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    Thank you for providing this forum! I hope to get an answer to my question even though it might not be the answer I want…

    Illinois has a law that automotive warranties (vehicle service plans) must be cancellable (for a fee and prorated as applicable).

    A warranty I bought for Simonizing (auto protectant) says it is not cancellable since the product will have already been applied to the car.

    This *is* a warranty so why wouldn’t it be cancellable? It makes sense to me that I would not get refunded for cost of the product itself. Why wouldn’t I be able to get refunded the cost of the warranty minus that?



    I’m sorry, I forgot to mention warranty did not indicate the cost of the product and it had no line item or anything breaking it out.
     
  2. army judge

    army judge Super Moderator

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    Think about your question.

    Some questions answer themselves.

    If the product is applied to your vehicle, that also requires labor to be performed.

    In addition to the labor, your vehicle would still receive the BENEFIT of the product, even if you received ALL of your payment returned upon cancellation.

    What does the vendor/seller ever receive?

    The law dislikes unjust enrichment, mate.
     
    ltravisjr likes this.
  3. adjusterjack

    adjusterjack Super Moderator

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    My guess is that it's a service contract, not a warranty. There's a difference. At any rate, I believe this is the statute you are referring to.

    https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1272

    Now all we need to do is read yours and see if it's covered by the statute. You can upload a copy by using the Upload a File button below your message space when you reply to this thread.
     
  4. ltravisjr

    ltravisjr Law Topic Starter New Member

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    Thanks much. Yes this is probably on me for reasons you state. That’s why I would agree to not be reimbursed by parts and labor. Just the warranty value, whatever that is. The thing is that during the “talk” during financing they did not mention anything about a service or product being applied, just the warranted repair or replacement guarantee. The only indication of the “product” was once sentence in the paperwork saying such. It slipped by me when I hit the signature button on the electronic form. On me but very slick on on their part.
     
  5. ltravisjr

    ltravisjr Law Topic Starter New Member

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    Thanks adjusterjack!

    I attached the warranty paperwork with the company and my personal info whited out. I had trouble with the scanner and it cut off a little of the margin but I hope it indicates what is needed; if not I can rescan.

    What does Sec. 35 (b) of the statute you cited mean regarding this contract and whether it can be cancelled? I read the verbiage but couldn't figure out what it meant...
     

    Attached Files:

  6. adjusterjack

    adjusterjack Super Moderator

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    Yep. Car dealers are slick - liars and thieves. You've got to watch every word and not do anything in a hurry.

    Without going into a lot of legal mumbo jumbo, it's not a service contract, it's a product warranty. You didn't buy a warranty, you bought a product that has a warranty. The purchase of the product came with a warranty just as if you had bought the product in a store and applied it yourself.

    I don't see anything here that's subject to the cancellation requirement because you didn't buy an ongoing service.

    To explain the difference I've attached a copy of the Protection Plans I was offered when I bought my 2020 Challenger.

    The Appearance Protection for $899 is probably similar to what you bought. A onetime application of a product that's guaranteed to last 60 months. Not a service that can be cancelled because it's once and done.

    The Vehicle Protection Plan for $3325 is a service contract that covers events that occur in the future. A plan like that would require a cancellation option in your state.
     

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  7. ltravisjr

    ltravisjr Law Topic Starter New Member

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    Thank you. That is helpful and does make sense. What throws me is that the very first sentence of the contract said in black and white that it was a limited warranty and subject to state laws applicable to warranties. I guess the eyes of the law must not see that admission as determinant of what it is (i.e not a warranty despite the contract saying it is). This is where my legal savvy is wanting. I would have expected more rigor would apply to contractual language. I’m learning though.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    That's because it IS a warranty. It's a warranty that the product won't fail during a specific duration. It's the same kind of warranty that you get on any consumer product, i.e. your TV, computer, stereo, refrigerator, etc.

    That it cost $900 for somebody to slap some wax on your car and Scotchguard your interior doesn't change that.
     
  9. ltravisjr

    ltravisjr Law Topic Starter New Member

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    Ahh, I’ve got another issue then. I was never offered a product or service and have no paperwork I signed explicitly for purchasing a product. All I signed was this warranty. However, by signing the warranty I implicitly agreed to purchase the product since it said it was for that product. That it is a warranty means it *should * be cancellable by IL law, but the refund would be effectively zero so it’s a moot point. Or maybe the warranty cancellation law is just regarding automotive components and since this just a bottle of snake oil it’s apples to oranges. I can accept that. Hopefully others might learn, or maybe better yet just aren’t as naive as me in the first place. Thanks for the time; much appreciated!
     
    Last edited: Jan 16, 2022
  10. adjusterjack

    adjusterjack Super Moderator

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    You're welcome.

    Next time you'll know what to look out for.
     
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