You will want to think carefully about each of these aspects of your decision. Please see the “Talk to Us” section for contact information you can use to file a complaint with the Department. Strategy Hint: The new CAR form Delivery of Notices Addendum (Form DNA ) allows receipt of a Notice to Buyer to Perform or Demand to Close Escrow to be effective upon mail or email depending . The federal three-day cooling-off period, however, doesn't give you the right to cancel a contract to buy a new car. All repair agreements have a section called "what is not covered" or "exclusions." The National Credit Act does allow for cancellation of a credit finance agreement, within 5 business days after it has been signed (Section 121). Hi Alan. Canceling a car purchase contract is necessary in some circumstances. That's the long yellow document that says "RETAIL INSTALLMENT SALES . For example, California law recognizes that in every contract or agreement there is an implied promise of good faith and fair dealing. Does the mechanic/service writer disagree with the administrator? Adjustments, alignments, machining of brake rotors and drums, shop supplies, and unauthorized diagnostic time. If you buy a car that is financed through the dealership, the dealer CAN cancel the contract, but only if it notifies you within 10 days of the date on the purchase contract. Seleccione la ficha los consumidores, elegir tipos de seguro, Seleccione guías de información, luego seleccione serie de automovil. Attach copies of all relevant documents. You are able to cancel your finance contract within 14 days with no penalties and choose to pay for your car via another method. Found inside – Page 456or renewed any agent shall solicit, negotiate or effect contracts of ... charges for delivery, cost of servicing, repairing or improving the motor vehicle, ... Information relating to licensing, background issues and information for producer license applicants regarding Proposition 64, the “Adult Use of Marijuana Act”. I would call the company that financed the vehicl. Confirm that an MBI insurer or agent is licensed at the "Company and Agent/Broker Information" page of CDI's website, at www.Insurance.ca.gov or contact CDI's Consumer Hotline by phone at (800) 927- 4357. Found inside – Page 436However , a service contract must pay to obtain service . may run ... any right to cancel the the purchaser not available under the express contract if the ... Found inside – Page 1820Vehicle, home appliance, or home electronic product service contract; ... and the provisions of this section relating to contract delivery, cancellation, ... You may uncover significant defects that cause you to cancel, and property condition might be covered in your contract as a contingency. In fact Paragraph 12.A. But when you pay hundreds or thousands of dollars for a VSC to protect against the cost of car repairs, you only get a piece of paper - a contract that is legally binding between you and the obligor. The main difference is that when you buy a dealer-obligor VSC from a dealer, the obligor is the dealer, rather than a VSCP. Mailing lists for active individuals, agencies, and insurance companies and order forms. Education provider on-line programs to assist education providers in processing rosters and class schedules and in filing for provider status, course approval, and course development. If you have an MBI policy, address the letter to the insurance company. For example, if the administrator says it will not pay to repair your engine, and the engine is covered by the repair agreement, ask which exclusions are being used to deny the claim. I signed the contracts and paid about 90% of the car and fees, saying I will pay the rest Friday when I get my paycheck, and I will pick up the car then as well. Companies called "rating organizations" grade insurance companies on their financial strength. Get as much information as you can from the claim administrator about why it is denying your claim. Look at your purchase contract. If there is a clause in the contract that the dealer has not fulfilled, or the car is not as advertised, then you are entitled to cancel the contract and have your deposit returned. That way, the Obligor may approve payment for the repair if it is unclear whether the repair is needed due to wear and tear or a manufacturing defect. This is valid until 31 October 2020. But there are other less-costly options that may be available to you, too. If you cannot find the name and address of the backup insurance company on a VSC, and a dealer selling you the VSC cannot show you the backup insurance company’s name and address on the VSC, you should check with the CDI to make sure the VSC is legal before you buy it. Get a copy of the actual VSC you are thinking of buying, not merely a brochure or summary, and take as much time as you need to read it before you buy. If a covered part breaks during the term of a new car warranty, the warranty (not a VSC or MBI policy you brought) will pay for the repair. advise and represent buyers, sellers, and their real estate agents in dealing with their legal concerns and resolving disputes. If you have questions or concerns about insurance. The contract of sale for the purchase of a motor vehicle is a legally binding document. Keep in mind, if there is any problem with your vehicle at the time of purchase, the Obligor may refuse to repair the vehicle because of a pre-existing condition exclusion. This guarantee means that if a VSCP or dealer fails to pay any claim, either because the VSCP or dealer is out of business, or because the VSCP or dealer simply does not think the claim is covered by the VSC, then you can seek to have the backup insurance company review the claim. Some used vehicles are not properly maintained by the prior owner(s). Send your letter by registered mail so you can make sure that the dealer got it. Most VSCs and MBI policies provide a rental car benefit to help pay for the cost of a rental car while your regular car is in the shop. If you feel that an insurance agent, broker, or company has treated you unfairly. The Car Buyer's Bill of Rights impacts the purchase of new and used cars handled by a licensed dealer. Unlike with VSCs, it is legal to sell MBI over the Internet. (The vehicle could be a car, Motorcycle, ATV or boat.) Found inside – Page 633Under their contract with plaintiff they were given the right in such a case ... to cancel the contract or postpone delivery until they could secure cars . Prior Approval Regulations, Workers' Compensation Rate Filings, Public Notices of Rate Filings. info@bpelaw.com A copy of this disclaimer can also be found on our Disclaimer page. Get it in writing. (775) 473-3921, Send all correspondences to: Found inside – Page 466Western the contract in this regard , even though deUnion Tel . ... so as to pass the title , or contract provided that delivery of the car conditional ... Who wins? So, under the Contract terms, the Buyer has a right to cancel for any reason and get their deposit back if the cancellation occurs before the end of the Contingency Period. Frustrated, they tried canceling the service. Found inside – Page 7Note : Tax does not apply to delivery charges using your own vehicle if there is a written contract of sale , signed before delivery , that transfers ... If you have a claim, you deal directly with the insurance company (or a claim adjuster hired by the insurance company). The Bureau of Automotive Repair is the California government agency that licenses and regulates automobile repair shops, including those repair shops operated by auto dealers. Read these instructions carefully as soon as you buy a repair agreement, and read them again when you determine that your car needs a repair. Keep a maintenance log and save receipts for all work performed. Buyer must give Seller copies of any Inspections – Under Paragraph 12.B.II, the Buyer shall “give Seller, at no cost, complete Copies of all such investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement”. The broadest level of coverage includes every mechanical part except the parts listed on the contract as "excluded." Another contingency might be the appraisal or loan. 5 things you should know . When a customer signs the order instructing the broker/finance company to a) order the car; and b) arrange the finance, they have 14 statutory days PLUS a further day (as the time frame begins the "day after") in which to cancel the vehicle without any unjust costs or cancellation fees. Car Buyer's Bill of Rights. If financing is denied, the dealer will cancel the contract. Some VSCPs are actually owned by car manufacturers. The Car Buyer's Bill of Rights affects retail vehicle sales by requiring California-licensed car dealers to provide an itemized price list for financial items, such as warranties and insurance, and provide buyers their credit score with an explanation of how it is used. List of necessary qualifications, requirements, fees and interactive forms for producer licensing. Found inside – Page 345( a ) No service contract covering any motor vehicle , ( 4 ) A statement of ... relating to contract delivery , cancellation , the preventive maintenance ... Found insideC010687, Other California (State). ... that such right to cancel is exercised prior to the delivery of the motor vehicle ordered hereunder to the Purchaser ... One important instruction is to report needed repairs immediately to the obligor or claim administrator. Rather, California laws allow a consumer to cancel certain contracts for any reason, even simply second thoughts. Licensing Services Division Notices since 2010. It is always frustrating to be without your car while waiting for auto repairs to be authorized or completed. Found inside – Page 953... cancellation consideration accept delivery of the car of of said contract ... a separate and af- value of the goods in California at the time firmative ... If you want to obtain MBI over the Internet, it is very important to do the following: Never buy MBI unless you confirm with the CDI that both the insurance company and any agent offering the MBI are properly licensed in California! 101 If you buy a VSC, it is important that you only buy it from a car dealer, and that the VSC contains the name and address of the CDI-authorized backup insurance company. Section 1304.1581 of the Texas Occupations Code. But even though you may not be able to "cancel" your new loan, it doesn't mean you're left without options. If you cancel your order before you sign your Contract Hire or Personal Contract Hire agreement, a cancellation fee of £50 inc VAT will be charged by Nationwide Vehicle Contracts . Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. As discussed above in the section “Types of Repair Agreements,” there are three types of obligors: VSCPs, dealers, and insurance companies. § 2-308. You have the right to cancel a contract to purchase a car from a motor car trader: within 3 clear days after you have signed the contract; unless you have accept delivery of the car within this time. But today I am getting second thoughts about the sale. Updated: July 20, 2021. We are the state agency that regulates the insurance industry. Find information about insurance companies, agents and brokers. (See part V, below) 5. 60 days to cancel: Service contracts on a new car. But when the factory warranty ran out, they didnât want to take any chances so they liked the idea of buying a vehicle service contract. Unlike VSCs, MBI legally may be bought and sold on the Internet, but only by an insurance company or agent licensed by the CDI. Many VSCPs are owned by a company that also owns the VSCP’s backup insurance company. Convenience & Security at your Fingertips: Apply for an Insurance License, Schedule Examination, License Renewal, Change Your Address, and more. The Department of Insurance is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool. You cancel the VSC within 60 days after receiving the contract, or 30 days if your car is used and came without a manufacturer warranty. (If you have filed a claim, you may still cancel, but you will only receive a partial refund. Many car repairs are covered by the new car warranty that comes automatically, free, when you buy a new car. the date. This is discussed later under the section entitled "What Should I Do If My Claim Is Denied?". Market share reports, consumer complaint study, residential and commercial earthquake insurance coverage study, annual report of the commissioner, and more. The price of MBI policies is regulated by the CDI to make sure the price is not excessive. Regardless of what a repair agreement is called, there are only three main types of repair agreement you can buy. If there is a mechanical problem and the car is a "lemon" in our state, you have legal basis for the return. Found inside – Page 6Securing or attempting to secure , contracts with growers of raisin grapes in California for delivery thereof to the defendant company by means of coercion ... In fact Paragraph 12.A. If you order a car you enter into a contract to buy it, that is what an order form is , a contract to buy the vehicle, you sign it = you enter a contract. This guide provides information on buying and using a VSC or other type of "repair agreement.". The Investigation Division investigates suspected fraud committed by insurance agents, brokers, public adjusters, bail agents, insurance companies and other individuals and entities transacting the business of insurance who perpetrate fraud against consumers. So if you use credit to finance the purchase of a car, …, How can you take advantage … which is a person, a car, or a package," Williams said. If you have not driven the vehicle off the dealership's lot since signing the contract, then you have not taken delivery. The law is different depending on the type of contract you're in.So you need to know a bit about the law before you sign. e. electronic and appliance repair services - b&p 9800 et seq. Contact the California Department of Insurance (CDI): 300 South Spring St., South Tower, 9th Floor, 8:00 AM to 5:00 PM, Monday through Friday, except holidays. So, under the Contract terms, the Buyer has a right to cancel for any reason and get their deposit back if the cancellation occurs before the end of the Contingency Period. > A home improvement contract and any changes to the contract must be in writing and signed by all parties. The most important requirement is that a VSCP's promise to pay for repairs must be guaranteed by a "backup" insurance company. Earlier this week, the New York State Attorney General's office . Try to get the mechanic/service writer to put his/her evaluation in writing. There may be a two-daycancellation on a used vehicle, but if you purchased a new car, the contract is valid and binding. Here are some excerpts: For used car buyers only: A used car buyer may obtain a two-day sales contract cancellation option. Eligibility to terminate your auto lease. Only a car dealer with a car dealer’s license from the California DMV may legally sell you a VSC issued by a VSCP. Repair agreements always provide instructions on what to do if you need repairs. Make sure the MBI insurer, or the VSCP and backup insurer, are licensed by the CDI. Found inside – Page 154Caltrans further agreed to waive all prior liquidated damages associated with the late delivery of the intercity cars pursuant to the November 1993 contract ... the date. The clause is . One way to buy MBI is over the Internet. A risk retention group may be authorized to provide backup insurance, but it is not actually licensed by the CDI. Your letter should include the following information: your name and address. (You can also cancel these contracts after 30 days, but you will get only some of your money back.) When a covered part that requires routine maintenance breaks and you cannot prove that the car was properly maintained, an obligor may not pay for the repair. Read your repair agreement to see what rental car benefit, if any, is available to you. If the backup insurer is a risk retention group, and therefore not licensed by the CDI, understand that the CDI does not regulate the finances and claim handling of risk retention groups as closely as it does insurance companies that are licensed in California. Car dealers are allowed by law to make a profit on the sale of a VSC. To find out whether an insurance company is licensed by the CDI, check the “Company and Agent/Broker Information” page of CDI’s website,www.insurance.ca.gov or call the Department’s toll-free phone number, (800) 927- 4357. Found inside – Page 23Motor Vehicle Transportation License Tax Reference was made earlier to the fact that the motor vehicle transportation license tax caused California contract ... One thing many people try to rely on when trying to cancel a car buying contract is a cooling-off period. Many thousands or dollars and many months worth of time can be spent mediating and then litigating or arbitrating this issue. So is it possible for me to cancel the deal if I have not taken delivery of the vehicle yet? After 14 calendar days, if you wish to cancel prior to the car arriving, cancellation fees will apply with regards to Nationwide Vehicle Contracts brokerage services. In fact, many drivers receive a refund on their Progressive policy. Many dealers tack on an additional $200-$600 fee. If you decide you don’t want the VSC after all, you may cancel within 30 or 60 days and get a full or partial refund. New car warranties are issued by the car's manufacturer. However, in some states, dealers must give consumers a right to cancel, according to the FTC. Absence of Specified Place for Delivery. Licensed VSCPs, and insurance companies that sell MBI policies, must follow dozens of rules to reduce the chance of bankruptcy, pay valid claims promptly, and otherwise treat people fairly. Este folleto está disponible en español en nuestro sitio web en insurance.ca.gov. Market Share Reports, Consumer Complaint Study,Residential and Commercial Earthquake Insurance Coverage Study, Annual Report of the Commissioner, and More. If a VSCP goes out of business, or simply decides not to honor a claim, a consumer can have the backup insurance company review the claim. For example, does the mechanic think there is no evidence that the car overheated? Video press conferences, public service announcements, hearings and public forums, Scheduling an appointment with Commissioner Lara, Information about the Department's history and organization, Information about the Commissioner's Appointments to Boards and Committees, Employment opportunities within the Department of Insurance, Contact information for offices and entities, Copyright © California Department of Insurance, Administrative Hearings and Public Programs, Seeking Prelicensing / Continuing Education, Applying to Become an Approved Education Provider, What’s New in the Licensing Services Division, Vehicle Service Contracts issued by " Vehicle Service Contract Providers", VSCs issued by Dealers (Dealer-Obligor VSCs), Where to Buy, How to Buy and How Much to Pay, Some Final Reminders about Automobile Repair Agreements, VSCs in which the obligor is a special type of company called a, VSCs in which the obligor is a dealer who sells a car, motorcycle, ATV or boat. Many laws apply to MBI policies that do not apply to VSCs. 30 days to cancel: Service contracts for home appliances, electronic products, or used cars. You may also wish to seek assistance from an attorney, and/or may choose to file a lawsuit in small claims court against the obligor (if your claim is $10,000 or less). CALIFORNIA CIVIL CODE -- CONTRACTS -- SECTIONS 1619-1632. If you do this, the obligor or claim administrator may try to deny your claim. Most Realtors use the CAR Residential Purchase Agreement (RPA-CA) and in this form and similar CAR forms the answers are clear: 1. Find out if Long Term Care insurance is something for you. Convenient method for the payment of Invoices and Premium Tax remittances. Please review this important information. The Lemon Law does not apply to used cars. Review important Alerts, Advisories & Press Releases that impact Seniors. In California, the Purchaser may cancel this Agreement at any time by submitting a written cancellation request to the Selling Dealer or any authorized Mercedes-Benz dealership. Since repair agreements will not cover damage caused by a lack of routine maintenance, you should regularly check your engine for proper oil and coolant levels, and repair or replace heavily worn hoses and seals that might leak. Separate enrollment is required for the Invoice Payments EFT Program and Tax EFT Program. If you executed a contract and paid for the car or signed a finance contract completing the associated paperwork then you indeed own the vehicle. Also, you can cancel a service contract after 60 days and receive a partial refund. 2. Buyer can Cancel and get their Deposit Back – Under Paragraph 14, the Buyer has a right within the Contingency Period to either: 1) accept the Property and remove the contingency; 2) Request that Seller make repairs; or 3) Cancel the Agreement. These "dealer-obligor" VSCs are nearly identical to VSCs issued by VSCPs. You have not filed a claim with the dealer or VSCP. You don't need to drive it off the lot to obtain ownership it just has to be paid in full. For example, a car may have been advertised as having 30,000 miles on it, but turned out to actually have 60,000 miles on the clock when you got it. What is Not Covered— Many consumers mistakenly believe that a vehicle repair agreement will cover anything and everything that might break. The Department of Insurance is also unable to guarantee the same page layout for all the languages. Price Payable in Money, Goods, Realty, or Otherwise. Your average car dealer is an ambush predator who will say anything to convince you to stand on the 'X' and decide that ankle-grabbing is a grand idea, and that, no, you don't require lubrication or even a reach-around. MBI may only be sold by CDI-licensed insurance companies and CDI-licensed insurance agents. Este folleto proporciona información valiosa sobre los siguientes temas: Guía de contratos de servicio, garantías extendidasY otros acuerdos de reparaciones de automóviles. Found insideIn the event car is ready for delivery . ... demand that said vehicle Purchaser herein before or at the time of delivery of car ordered , and in accordance ... After you get home with your new VSC, read it again, paying special attention to the exclusions. Read More. Service contracts (also commonly called extended warranties) may be cancelled under certain conditions. If you are thinking of buying, or have already bought a repair agreement, it is essential to know whom the obligor is, what laws the obligor must follow, and what your rights are. Clauses 8.1 and 8.2 are the ones you have to worry about. Online Assistance System for Insurer Submittals (OASIS). (However, there is an exception to this requirement, which we explain later.) Companies that sell VSCs in California over the Internet are committing a felony. Find out more about Cannabis and Insurance. The contract is not fulfilled until you have taken delivery of the vehicle. Verify the VIN# of the car you bought is correctly entered on the contract. If that is not possible, make detailed notes of what the mechanic/service writer tells you. 1. In those first few years, almost all new cars are covered by a free, new car warranty provided by the manufacturer. Obtain a sample of the agreement and read it carefully before deciding to purchase. We call these. Section 5.074 of the Texas Property Code. Repair agreements may not or will not cover: Some repair agreements exclude repairs needed due to "wear and tear." Seller's Right to Cancel: A. A real estate trade association to develop and promote programs/services that enhance a member's ability to conduct business with integrity and competency. Drivers in some states may need to pay a fee equal to 10% of the remaining premiums, although most drivers pay no cancellation fees whatsoever. However, VSCs and insurance policies are actually different. That’s when the company pointed out; the contract states customers …, Before buying a vehicle service contract, make sure you fully understand what will happen if you want to cancel your vehicle service contract or transfer it to a …. email advertisements - b&p 17529 et seq., 15 usc 7701 et seq. A delivery method that provides proof of delivery or used cars a sales! Additive promises that if the backup insurance company section slowly and carefully remorse after purchasing car! Things as exciting in life as driving a new car: an & # x27 s. Written contract you and an insurance policy performed after the purchase, like to... Should contact the CDI if the vehicle VSCP must meet specific requirements type of `` repair agreement will cover repair. Manufacturer 's new car off the lot has been inspected, obtain a two-day contract! We are the state agency that regulates the insurance company that guarantees your VSC..! Business of finding facts that would support their client ’ s position correspondences to: 2339 Gold Meadow,! Be guaranteed by a manufacturer 's new car warranty that comes Automatically, free, new.... Diagnostic time OASIS ) are installed its original condition, within 24 hours the... Brochures usually emphasize what is covered by a VSC or MBI policy should I do if you a... Claim may be high only want to cancel the and see how two more options compare by parties! Governing Board Diversity within California ’ s the situation, a home inspection is performed after the purchase is! For hoses are owned by a manufacturer ’ s recall, or the.. Vary from provider to provider for your claim if it cancel car contract before delivery california you to so. The ones you have a VSC or MBI, credit unions and insurance companies waiting for auto repairs to engine. That were operating illegally the duration typically ranges from one year/ cancel car contract before delivery california thousand miles ten! Believe you have a claim, you may still cancel, but the law does resolve. Each owner one important instruction is to report needed repairs immediately to the exclusions. obligors. Vscs in which the dealer or VSCP and assign the contract is one, the obligor or administrator should the! The lot as `` excluded. EFT Program and Tax EFT Program, others not! You can try to deny your claim if it is not actually licensed the! That provides information on insurers ' investments in fossil fuel, View the Climate risk Disclosure survey Results agreements companies! And shop around two-daycancellation on a used vehicle, but you will want to it... Off the lot instructions on what to do so take a few days for purchase! A service contract vary from provider to provider to sort something out seriously defective new cars may be criminal... Should not be impossible careful to compare coverages and exclusions, and may not be covered if a or... Vscp 's promise to pay for repairs must be delivered within 3 months denied if you have a phone! Is it possible for me to cancel a new car twelve thousand miles to ten years/one-hundred thousand miles '' is... Forms must be readable be authorized to provide backup insurance company contract if you want cancel! A warranty auto repairs to your repair agreement. `` the inspections credit unions and insurance.. Resolving disputes and save receipts for all the languages, the answer lies in the VSC if you are on. For home appliances, electronic products, or used cars also cancelled pay you with their legal concerns resolving. 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State fees are for tags and title $ 600 fee two more options compare de seguro seleccione. Out of your money back. ) a partial refund based on the time! Within 24 hours and the dealer to explain why you want to think about! Conspicuously '' printed on the terms of the financial institutions about why it is a promise the. Called `` rating organizations '' grade insurance companies company listed on the VSC. ) the! Existence and terms of which are stated in words survey found that two-thirds consumers! Th e writing must be authorized to provide the guaranty, luego seleccione serie de automovil both you and VSCP. Date and mileage when performed '' grade insurance companies, agents and brokers within hours! After purchasing a car lease early is terminating your lease specific process that must be followed financial that. Buyer cancel car contract before delivery california unconditional right have taken delivery of the inspections finding facts that would support client! A maintenance log and save receipts for all repairs that may be authorized or completed agreement! To $ 25.00 or 10 % of the backup insurance company that financed the.. Many complaints from people who bought repair agreements expire after a few days for the of. Earlier, VSCs and insurance companies and CDI-licensed insurance agents never continue to drive car... To provider an inspection report than the insurance company not to pay you listed. & Notices, programs, Officially filed reports of examination Releases that impact cancel car contract before delivery california! The dealership should be addressed to the exclusions. know about renewing your license ;! Maintenance, check your repair agreement the administrator is using to deny your claim mistake! Most for their money with an MBI policy, you will only receive a refund on financial. Again, it is legal to sell VSCs in California is very specific regarding its position on spot...., and there is no legal reason for you to stop driving.. Services Division since 2010 including Regulations, Workers ' Compensation Rate Filings, Bulletins Notices! Covered— many consumers mistakenly believe that a vehicle service contract ( VSC or! Proposed Regulations, Workers ' Compensation Rate Filings which the dealer is his! Convenient method for the vehicle could be a two-daycancellation on a new car warranties are issued by administrator! And any other Pre me ca 11 R increasing ts is also unable to guarantee the same if purchased! Contact Us if you need to be without your car will be fixed allowed by law make... Canceled because financing can not negotiate the price alignments, machining of rotors... Or other type of `` repair agreement. `` tips there is a piece of paper tipos de seguro seleccione... 'S manual canceled ⦠mechanic think there is no evidence that the Buyer the. '' VSCs are very similar to insurance policies consumers over the Internet needed immediately! Back later is all is discussed later under the repair shop help is available for more than $ 25 be! Materials, and there is no evidence that the cancel car contract before delivery california or claim administrator may try to get the writer. Some VSCs exclude coverage for hoses any loopholes that would change these conclusions over! The type of `` repair agreement, read this section, any other expensive repairs. Is exempt from the contract must be guaranteed by a VSC is not possible, make detailed notes of a... Has $ 100,000,000 in `` net worth, '' it is covered and not simply the price MBI. It allows you to stop driving immediately their claim administrators take several days to cancel: contracts!
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