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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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New York. Purchased a Honda and was told it came with free

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New York. Purchased a Honda and was told it came with free roadside assistance. I also have AAA. I got my insurance through the dealership when I purchased the car. Apparently it too offered roadside assistance at a price of $450 for 4 years. When signing the papers associated with the purchase of the car, the dealership agent put paper after paper in front of me to sign, briefly describing what each was. He put a paper in front of me and said "This is for your roadside assistance," and I signed it....not knowing it was a separate agreement for private roadside assistance associated with the insurance company. Now I want to cancel that agreement as I don't need it, having both Honda's and AAA already. The form I signed claims to be an "agreement." It says "This agreement is not cancelable and Auto Help Line of America cannot guarantee all services under all circumstances." It also says that this is not insurance or part of an insurance policy, yet at the top of the form it states "Lang Insurance" "Vehicle Recovery Service." Also where I signed it says "Signature of Applicant"Can I legally cancel this agreement? If I signed as an "applicant" how is that binding? The paper has "Lang Insurance", "Auto Help Line of America" and "Vehicle Recovery Service." Who's who? How can it have 3 different names on the agreement?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 11 months ago.
Hi! Sorry about that. I had to switch to this format due to all the problems I was having posting the requested information on the chat format.

So, when a sales person makes misrepresentations - ie either states facts that are false, or that are misleading, and the consumer justifiably relies on such misrepresentations, the damages generally awarded are the economic damages actually suffered i.e. the cost of the insurance. The salesperson stated it was free, then had a contract stating the contrary.

Additionally, as far as the inconsistencies in the agreement, these are construed against the drafter of the document, as the party presenting the contract is responsible for such vagueness/contradictions, etc. If the policy states that it is not an insurance policy, but that is in effect what it is, then that would be inconsistent. Furthermore, stating that the very service the consumer was purchasing was not guaranteed, many courts would consider that unconscionable.

Also, as for cancellation policies/refund policies, these generally need to be conspicuous, and can't be "hidden" in pro forma documents, as that is generally considered an unfair and deceptive business practice.

The DMV regulates car dealers, and you can file a complaint here: http://dmv.ny.gov/vehsafe.htm#complaint One of the possible resolutions is restitution -reimbursing the purchaser for the damages suffered.

If this is as ongoing problem (ie you have cause to believe this is a standard practice) you can file a complaint with the attorney general. http://www.dos.ny.gov/consumerprotection/



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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. Hopefully the demand letter will solve the issue so you don't need to escalate it to legal proceedings.

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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