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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3328
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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Is the optional added alarm system in a brand new car covered

Resolved Question:

Is the optional added alarm system in a brand new car covered by CA No Cooling Off Period? This optional added alarm system has not been installed to date since the dealer has to order it first! Can I cancel this optional added alarm system and ask for a refund?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 11 months ago.

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. One moment please as I review your question.

LegalGems :

The cooling off period ( 3 day right of rescission) only applies to car dealers if they are selling the car at a place that is not their regular place of business (ie convention center, fairgrounds). However, in a case such as this, the Terms of the contract would be controlling. If the contract does not specifically address this, then the contract would be considered ambiguous in regards XXXXX XXXXX one issue, and that is construed against the drafter, so it is highly probable that a court would rule in your favor. However, one would expect the dealer to cooperate with this, as a gesture of good will.

LegalGems :

One moment as I look into something.

LegalGems :

Here are the requirements for return policies (conspicuous, posted, etc). http://www.dca.ca.gov/publications/legal_guides/s-6.shtml So if the dealer did not address this in the contract, and did not have the requisite signs posted, they would not be able to enforce a "no return" policy.

Customer:

You have not answered my question. I repeat does CA No Cooling of Period covers optional added items (alarm security), that is in addition to the factory alarm system? Can I cancel it? The added alarm system has not been installed to date?

LegalGems :

I was typing a response to your last post. Did you not want to continue the chat since you already rated?

Customer:

sorry i thought it was already disconnected. okay i want to continue the chat and willing to change my rating once i received your reply.

LegalGems :

That's ok- we try to stay with the customer until they have all the answers they need. If the car was purchased at the dealership, then there is no cooling off period. The cooling off period only applies to sales that occur off site. I am including this information because I don't know where you purchased the car. If this was a transaction off - site, then the 3 day cooling off period would apply to the optional add on items. If the car was purchased on site, then the cooling off period does not apply. But can you please re-read my response, because there are other "outs" here -based on the terms of the contract. Then, let me know if you have any other questions.

Customer:

We bought it at the dealership. The Finance Manager refused to cancel the added optional item (Karr Alarm Security System) w/c he convince us to buy in addition to the factory installed alarm system. But when I read the Operational Manual of the car it stated in page 124 (Security Alarm) that no added alar/system shall be installed in the car. For that reason I am cancelling this added alarm system which up to now it has not been installed!

LegalGems :

That is actually perfect. I'll explain below.

LegalGems :

Misrepresentation occurs when the seller makes a false statement, one which s/he knows the buyer will reasonably rely on in purchasing the item. If it is intentional, it is called "fraud in the inducement" - ie his fraud caused you to agree to the contract.

Customer:

Yes you hit it right. Since they are the seller they should know or fully aware of the Operational Manual. By inducing the buyer to buy adds on without taking into accout the operational manual detail points to a misrepresentation. Therefore I can demand for cancellation and refund of this item, right?

LegalGems :

Yes, let me get you a demand letter.

LegalGems :

That way if you end up in small claims, you'll have proof that you attempted to settle (judges like to see that; some require it).

Customer:

Still waiting for your demand letter!

LegalGems :

Yes, I was trying to find one more appropriate. This gives a model format that you can use -but it deals more with product defects. You would want to insert the facts of your case - i.e the misrepresentation. Also, photocopying the relevant page in the manual and highlighting it, along with referencing that in the letter would be ideal.

LegalGems :

So, for example, this language: Unfortunately, your product has not performed well [or the service was inadequate] because [state the problem]. - should be substituted with references to the dealer's misrepresentations.

Customer:

Thank you and how can I print this chat for our records?

LegalGems :

Once you close it, there is a save and print button (at least that's what customer service tells me!). Otherwise, you can link to this from your email, because every time I posted a response, you should have received an email notification. Lastly, copy and paste the URL for later access. This stays online indefinitely.

LegalGems :

You are welcome.

Customer:

Thank you & good bye.

LegalGems, Lawyer
Satisfied Customers: 3328
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 7 other Consumer Protection Law Specialists are ready to help you
Expert:  LegalGems replied 11 months ago.
I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful. Given the facts, I would expect the dealer to respond favorably in order to avoid litigation.

If you would like to request me for your future legal inquires, please put TO LEGAL GEMS in front of the question, and I will do my best!
Take care.

Please be sure and complete the customer satisfaction survey the site will be sending you so that I can continue to provide affordable information to our customers. Thank you!

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