13-64-203.  Preliminary period — Cancellation — Refund.

(1) 

Terms Used In Utah Code 13-64-203

  • Covered vehicle: means a vehicle that is covered under a vehicle value protection agreement. See Utah Code 13-64-101
  • Preliminary period: means a time period that:
(a) begins the day on which the vehicle value protection agreement becomes effective; and
(b) ends the last day on which the purchaser may cancel the vehicle value protection agreement with a full refund. See Utah Code 13-64-101
  • Provider: means a person who is obligated to provide a benefit to another person under a vehicle value protection agreement. See Utah Code 13-64-101
  • Purchaser: means a person who purchases a benefit from another person under a vehicle value protection agreement. See Utah Code 13-64-101
  • Vehicle: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101
  • Vehicle value protection agreement: includes :
    (i) a vehicle trade-in agreement;
    (ii) a vehicle diminished value agreement;
    (iii) a vehicle cash down payment protection agreement; and
    (iv) a vehicle depreciation benefit agreement. See Utah Code 13-64-101
    (a)  A vehicle value protection agreement shall provide for a preliminary period of at least 30 days.

    (b)  If a purchaser cancels a vehicle value protection agreement within the preliminary period, the purchaser is entitled to a refund of the charges under the vehicle value protection agreement as follows:

    (i)  if benefits have not been provided, a full refund; or

    (ii)  if benefits have been provided, a refund to the extent provided for in the vehicle value protection agreement.
  • (2) 

    (a)  Except as provided in Subsection (2)(b), if a provider cancels a vehicle value protection agreement, the provider shall mail a written notice to the purchaser at least five days before the day on which the vehicle value protection agreement is canceled.

    (b)  A provider may immediately cancel a vehicle value protection agreement upon sending a notice of cancellation to the purchaser if the reason for the cancellation is:

    (i)  the purchaser’s failure to pay the provider’s fee under the vehicle value protection agreement; or

    (ii)  the purchaser’s breach of the purchaser’s duties relating to the covered vehicle.

    (3)  A notice described in Subsection (2) shall include:

    (a)  the effective date of the cancellation; and

    (b)  the reason for the cancellation.

    (4)  If a provider cancels a vehicle value protection agreement for a reason other than the purchaser’s failure to pay the provider’s fee under the vehicle value protection agreement, the provider:

    (a)  shall refund the purchaser any unearned provider fee under the vehicle value protection agreement;

    (b)  may charge the purchaser an administrative fee of up to $75; and

    (c)  may deduct the amount of a benefit paid under the vehicle value protection agreement from the refund.

    Enacted by Chapter 509, 2023 General Session

    Technically renumbered to avoid duplication of newly enacted Chapter also in SB 152, Chapter 498, SB 225, Chapter 377, and SB 274, Chapter 536.