Costs of damage excluding normal wear and tear. While it is helpful to provide a buyer added notice that the term exists before processing the deposit, it is not required unless the contract is in a different language or so unclear with legal terms an average person wouldnt understand it. How best can a California tenant protect their security deposit when vacating? If the product doesnt work or is defective, check if it has a warranty. If you want a car, you put a deposit on in order to get it. What to do if youre scammed by car dealership (from a former car dealer), Cancel Car Contract before Delivery California, California Department of Consumer Affairs, How To Get Your Money Back When Buying A Car From Buy Here Pay Here. If you complete the purchase, the deposit must be applied to the purchase price of the vehicle. Car deposits can be refundable, but they are not always. If the dealer sold your trade-in, they must refund the fair market value or the value stated in the contract. Step 4 - Request Payment or Credit. No earlier than sixty (60) calendar days before the expiration of a fixed-term lease. "You can resell your nonrefundable hotel bookings to other people and receive a refund that way," says Galena Stavreva, CEO of SpareFare.net, which facilitates these room . (d) Fail to cancel a brokering agreement and refund, upon demand, any money paid by There are some exceptions to this rule. Berkeley tenants are entitled to security deposit interest annually. Unlimited Access to Car Buying & Negotiation Tools. No, the landlord nor the lease may ever make a security deposit nonrefundable. Buyers or potential buyers providing a deposit have a right to request a written copy of deposit rules and warnings before having to pay a deposit. If the dealer cancels the sale or fails to deliver the car as promised, you are entitled to a full refund of your deposit. Before pursuing any action, review the terms and make sure you are actually entitled to receive a refund. Contact the Attorney Generals Public Inquiry Unit to report a complaint about a business or if you have questions or comments. Notice of any claims made against the security deposit; The problem is just that you will have to fight to get the money back. Reconditioned Parts: The customer purchases the part, leaves a deposit, and is charged tax on the total. If its not stated explicitly in the contract, ask the dealer what their policy is on deposits.Once you have that information, you can decide whether or not to put down a deposit. A Tenant's Security Deposit Must Be Returned Within 21 Days of Move Out. Where the landlord, or their employee, performs the repair work themselves, the itemized statement of deductions must: 1. California Civil Code Section 1950.5 (g) (2) requires all California landlords to return a tenant's security deposit within 21 days of move-out either in full, or partially. Contact us. the autobroker receives or does not receive a fee or other compensation, regardless These rights include the right to a written purchase agreement, the right to a test drive, the right to a vehicle history report, and more. And, what damages can California tenants recover where their landlord is not playing fair? FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The $9.5-billion tax refund program will provide one-time payments of up to $1,050 for some families, expected to be sent out between next month and January 2023. Its important to note that voluntarily returning your vehicle doesnt relieve you of your responsibility to pay off the loan in full. Get a VIN check. Id. When you make the deposit, you sign some paperwork, which you probably don't read too carefully. Run the vehicle's VIN to find out if it's been in an . Where the landlord hires an outside vendor to perform the repair work, the itemized statement of deductions must: 1. CA Civ. If youre a resident of California, you may be familiar with the states Lemon Law. This law is designed to protect consumers who purchase new vehicles that turn out to be lemons. 4. There are a few things to keep in mind when shopping for a used car from a dealer in California. The answer to this question depends on the dealership and the contract you signed. Berkeley Administrative Code, Santa Cruz County tenants mandates a payment of security deposit interest every fifth year of tenancy, or at termination of tenancy. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. This cookie is set by GDPR Cookie Consent plugin. Generally, pre-move out inspections occurs a week or two before the tenant plans to vacate the unit. You may cancel a contract in writing within 30 days of purchase for a full refund, minus any claims that may have been paid. For sales at a distance (i.e. An itemized statement (accounting) indicating the basis for any deductions from the security deposit, with proof of cost and proof of payment by the landlord. You can cancel for any reason within those three days and get a full refund of your down payment and other fees paid.The cooling-off period starts when you sign the sales contract. Jump to: Buying a car online only Buying a car online or at a dealership Car deposit refund law in the UK Buying a car using a credit or debit card Buying a car from a private seller Returning a car bought on finance Please note that the landlord can unilaterally perform the inspection alone after serving written notice, unless the tenant withdraws their request for the inspection. This cookie is set by GDPR Cookie Consent plugin. Clean the unit after the tenant moves out to return the unit to the same level of cleanliness it was in at the inception of the tenancy; It should also list all of the required fees and taxes. This time can be three days, five days, 30 days or an indefinite amount of time. Id. In an earlier clause (4.3), the Code equally refers to the fact that any contractual terms must be made clear to consumers during the vehicle purchase process. California Code of Civil Procedure 1950.5(f)(1). Returns and exchanges. They may try to convince you to keep the car or offer another deal, but if youre firm about cancelling, they should begin processing your refund request. Agreeing to a nonrefundable deposit is a huge risk, and most times you cannot get your money back. Or, they may say they need your checking, debit, or other financial account number so they can deposit a refund directly into your account. Non-Refundable Car Deposits, How to Protect Yourself When Leaving a Deposit, What to Do If the Dealer Won't Return Your Deposit. We also use third-party cookies that help us analyze and understand how you use this website. In some cases, you may get a refund of a deposit. (e)Act as a seller and provide brokering services, both in the same transaction. As a car buyer in California, you have the right to:A written purchase agreement: The purchase agreement must include all of the terms of your sale, including the total price of the vehicle, any trade-in value, and financing terms. Where a service member resides in the unit with a spouse, parent, domestic partner, or dependent, the landlord may not collect a security deposit more than: 1. Necessary cookies are absolutely essential for the website to function properly. (c) Fail to refund any purchase money, including purchase deposits, upon demand by It ultimately provides the seller with the reassurance that the consumer is committed to buying the vehicle, whilst also giving the business a means to recover any costs in the event that the individual chooses not to go through with the sale (this would be a breach of the agreement with the retailer). You may need to file a claim with the BB and take the dealer to small claims court. Unfortunately, some dealers will try to keep your money even if you meet the agreed-up conditions for a refund. California Code of Civil Procedure 1950.5(g)(1). This is a great way for people to protect themselves when buying a car, and its something that other states should consider adopting. The holding deposit is only valid for a certain amount of time. For the vast majority, they will not be able to get it back. Maximum Deposit Gov. What does California's Lemon Law cover? This includes sales tax, registration fees, deposit and return of your vehicle. Answer (1 of 2): Dana did not touch on this in their answer (an attorney), which makes me second guess my neurons and their pathways but I'm sure this is still relevant. App. Information on scams, how to protect yourself, and how to report complaints. They just keep in in a drawer "some place" and then try to find it when you actually buy the car (yeah, looking at you, Mico ). For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Your email address will not be published. So what happens if your contract doesnt say anything about refunds?In that case, its up to the discretion of the lessor or lender whether or not to give you a refund. How do you protect yourself from potentially losing out on thousands of dollars from a car deposit? The completed copy shall be provided prior to the consumer's signing of an agreement for the purchase of the vehicle described in the brokering agreement or, prior to accepting one hundred dollars ($100) or more from that consumer, whichever occurs first. agreement and other notices and documents related to each brokered transaction. Save my name, email, and website in this browser for the next time I comment. How to apply for compensation. California Code of Civil Procedure 1950.5(g)(4)(B). Since 2009 Tom Lutzenberger has written for various websites, covering topics ranging from finance to automotive history. For example, dealerships are prohibited from using high-pressure sales tactics or misrepresenting the terms of financing agreements. The cookie is used to store the user consent for the cookies in the category "Analytics". Manage Settings 2. If youre cancelling because the car isnt what was promised, make sure you have documentation of any promises that were made by the dealer.This could be in the form of an advertisement, a salespersons verbal representation, or something else. A deposit does not bind a buyer to closing a car deal for a full purchase. And if you have bad credit, you may not be entitled to any refund at all. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Bankrate: Is Deposit on a Vehicle a Binding Contract. That said, the size of the deposit must be reasonable taking into account all of the circumstances of the transaction as a whole. Most retail stores allow you to return things you buy within a reasonable time for a full refund, credit, or an exchange. accepting one hundred dollars ($100) or more from that consumer, whichever occurs Finally, you may consult a lawyer or take the matter to the small claims court. If you put down a deposit on a car and then decide not to buy it, the dealership may refund your deposit. All rights reserved. Learn more about renters' rights and landlords' obligations when it comes to the return . The bottom line is that deposits can help you get the car you want, but they carry some risk. Repair tenant damage to the unit beyond ordinary wear and tear; [1] from security deposits: Unpaid rent. There are some exceptions to the rule where the customer will be entitled to their money back, such as if the vehicle manufacturer is unable to supply the car due to production issues or if the customers chosen specification cannot be provided. The holding deposit CAN go toward the purchase price, but this must be negotiated with the dealer. Where a landlord fails to comply with the itemized statement of deduction requirements elaborated upon above, the tenant can take the following steps: If you are, then start by requesting your deposit back in a letter. California Civil Code 1950.5(b). Consumer protection laws vary from state to state, but one myth prevails nationwide, according to Consumer Reports. All rights reserved. . A security deposit is defined as, any payment, fee, deposit, or charge imposed at the beginning of the tenancy to reimburse the landlord for costs associated with processing a new tenant or imposed as an advanced payment of rent, used or to be used, to cover: price of the vehicle described in the brokering agreement. Where the landlord and tenant agree, the landlord can deposit the security deposit refund electronically into the tenants account. Otherwise, you could end up paying for repairs that you shouldnt have to. California tenants suffering from a landlords improper security deposit deductions can recover these damages in court. That said, just about every reference on the issue of used vehicle deposits primarily falls into the jurisdiction of contractual law. Go to the court to file your complaint, and pay the filing fee. If neither of these options are possible or satisfactory to the consumer, then the dealer must take back the vehicle and refund the purchase price (less any reasonable deduction for use).The New Car Return Law provides valuable protection for Californians who buy used cars. What Writings Must a Landlord Provide Following a Security Deposit Pre-Move Out Inspection? Where the landlord opts for notification by personal delivery, the landlord must have the tenant sign the landlords personal copy of the notice of transfer of security deposit. What is Find the Best Car Price and Why is it Free? This cookie is set by GDPR Cookie Consent plugin. Step 3 - Detail the Reasons for a Refund. Once you learn whether or not you, as a long-term tenant, will pay those costs, you. This type of case can be challenging since it usually requires documentation and sometimes witnesses to prove the case, particularly the intent to harm a potential buyer. The law, which went into effect on January 1st, 2020, applies to all dealerships in the state and gives customers up to 10 days to return a vehicle and get their deposit back. Yes, you are wrong. (3)When the brokering agreement expires prior to the customer being presented with a purchase agreement from a selling dealer arranged through the brokering dealer that contains a purchase price at or below the price listed in the brokering agreement. Whatever they cite, they should accurately indicate it in writing on any paper that you sign. The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool. Returning security deposits After a tenant moves out, a landlord has 21 days to either Return all of the security deposit Return the security deposit minus any deductions along with an itemized statement. Notice of transfer of security deposit; Make copies of the complaint, keeping one for yourself. The times that people are most likely to leave deposits include: You can make two types of deposits when buying a car: a holding deposit or a purchase deposit. You should make sure to get the terms in writing, lookup state laws, pay with a credit card, get a deposit receipt, and only leave a small deposit. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, Department of the Secretary of State Maine: A Used Car Buyers Guide, Florida Highway Safety and Motor Vehicles: Buying or Selling a Car, Insider Car Buying: Used Car Deposit Refund. . The exact amount and due date for the deposit is negotiable and specified in the residential purchase agreement. Chances are good that you can leave the dealership without making a deposit, take the time to reflect, and return in a few days to make a purchase when you are really ready. For a waiver to be effective, the tenant must sign waiver at either: 1. Contact your credit card company if you paid via card and place a dispute. Information on this website may be incomplete or out of date. Blog || Employee Rights Guides || Investor Rights Guides || Wrongful Termination || Stock Broker Fraud || Newsroom || Terms of Use || Privacy Policy || Site Map Michael M. Astanehe || ASTANEHE LAW || Astanehe Law Knows Your Rights.San Francisco Office: 201 Mission Street, 12th Floor, San Francisco, California 94105 Los Angeles Office: 445 S. Figueroa, 31st Floor, Los Angeles, California 90071 Phone Numbers San Francisco || (415) 226-7170 Los Angeles || (213) 267-3170Email || contact@astanehelaw.com. Three months rent for furnished units. about FindLaws newsletters, including our terms of use and privacy policy. Where the landlord transfers ownership, or assigns ownership of the building to another, the landlord, or their agent, must transfer the security deposit to a successor and notify the tenant. in the brokering agreement. you'll want a contract attorney familiar with automobiles. The landlord can deliver the security deposit refund and/or the itemized list of deductions by: 1. The basis for the clause is usually that the deposit is a form of liquidated damages, an award to the dealer for whatever troubles you put them through by expressing interest in the car and not ultimately buying it. Common examples of bad faith include failing to provide an itemized statement of deductions at all, failing to attach proof of costs and proof of payment to an itemized statement of deductions, withholding the security deposit as a means of retaliation for the tenant asserting a right, harassing, or intimidating the tenant for requesting their security deposit refund, and overcharging the tenant for repair work. A dealership cannot keep a deposit for no reason. For deductions not exceeding $125, the landlord need not comply with the requirements listed above. Most landlords will make deductions for damages made to the premises and will include its repair costs. https://codes.findlaw.com/ca/vehicle-code/veh-sect-11736/, Read this complete California Code, Vehicle Code - VEH 11736 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. | https://codes.findlaw.com/ca/vehicle-code/veh-sect-11736/. The down payment is when you pay for part of your new vehicle upfront and then finance the rest. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Make note of the vehicle identification number (VIN) and, if possible, have the car inspected by a third-party mechanic. 1. But usually, a deposit is refundable, or non-refundable depending on what's written in a contract, on a receipt, or posted at the dealership. California Code of Civil Procedure 1950.5(f)(2). California Code of Civil Procedure 1950.5(m). If this still exists in Cali. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter. Under the Lemon Law, a consumer is entitled to a refund or replacement vehicle if their new car has persistent defects that cant be repaired after a reasonable number of attempts.The same protection is extended to used cars in California through the states New Car Return Law. This law applies to any used car that is less than four years old and has been driven less than 18,000 miles. There may be instances when the car dealership refuses to refund the deposit citing the buyer's contract and its policy. Request a pre-move out inspection with the landlord; and, If you have a clear contract in hand for a refundable deposit and can negotiate the deposit down to a very low amount, it can be a good idea for cars on the dealer lot. These laws are designed to protect consumers, so its important to be aware of them before making a purchase. Many new and used car dealerships will demand a deposit on a car, claiming it is required before they can look into financing. Sometimes just having a lawyer speak on your behalf or write a letter is sufficient to convince the other party that you are willing to do whatever it takes. The dealer will need to provide proof of this license when you buy a car from them. If you have good credit, you should expect to receive a full refund of your security deposit.If you have fair credit, you may still be entitled to a partial refund. These are very specific and offer differing amounts of time to cancel. California Code of Civil Procedure 1950.5(g)(2). Most courts, absent a specific statute on the topic, will limit decisions to just the contract document and no other outside elements or concerns unless intentional fraud occurs. Therefore, with a car purchase being a significant commitment, it is essential that businesses are fully transparent during the order process and to make sure that motorists are fully aware of the terms before they accept a down payment, no matter how small.. Can I Get My Deposit Back on a New or Used Car. This is a unique website which will require a more modern browser to work! If the consumer has simply changed their mind, even if there is nothing wrong with the car being purchased, this is not a sufficient reason for them to have their initial down payment returned. A typical earnest money deposit equals 1 percent of the purchase price. There are some instances in which a car dealer requests you put down a deposit, but you are not required to. Under this law, buyers have five days to return a used car for any reason.If the car is not returned within that time frame, the sale is considered final and the buyer is responsible for all repairs. Capitola Municipal Code Chapter 5.48; and. If so, you may be protected by the states Used Car Return Law. West Hollywood tenants are entitled to security deposit annually. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. These cookies ensure basic functionalities and security features of the website, anonymously. (h) Fail to maintain for a minimum of three years a copy of the executed brokering (2) When the vehicle delivered is not as described in the brokering agreement. California Code of Civil Procedure 1950.5(g)(1). Its always best to check with the dealership beforehand to see if they have a policy in place for refunds on deposits for vehicles.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'psychoautos_com-large-mobile-banner-2','ezslot_6',182,'0','0'])};__ez_fad_position('div-gpt-ad-psychoautos_com-large-mobile-banner-2-0'); Yes, a dealership can take a car back after a month in California. Receive a refund: 1 for no reason requests you put down a,... Our terms of financing agreements car that is less than four years old and has driven. But one myth prevails nationwide, according to consumer Reports yourself when Leaving a on... These cases and statutes, visit FindLaw 's learn about the legal concepts addressed by these cases and statutes visit. Be Returned Within 21 days of Move out and statutes, visit FindLaw 's learn about Law. Long-Term tenant, will pay those costs, you may need to file complaint... Gdpr cookie Consent plugin complaint, and is charged tax on the issue of vehicle. Deposits: Unpaid rent cite, they must refund the fair market value or the stated! To perform the repair work themselves, the tenant must sign waiver at either 1... Tenants account seller and provide brokering services, both in the contract Inquiry to... The web deposit for no reason cases and statutes, visit FindLaw 's learn about the concepts! The court to file a claim with the states Lemon Law earnest money deposit equals 1 percent of the of... Vary from state to state, but this must be Returned Within days. The circumstances of the circumstances of the vehicle & # x27 ; s Lemon Law cover FindLaws,! Required before they can look into financing Attorney familiar with automobiles it in writing on any paper that sign! Paper that you sign the BB and take the dealer Wo n't your... Landlord hires an outside vendor to perform the repair work, the size of the website to function.... 'S learn about the Law, some dealers will try to keep your money even if put. Take the dealer Wo n't return your deposit or if you meet the agreed-up conditions for refund. Is designed to protect consumers, so its important to note that voluntarily returning your.! Deposit equals 1 percent of the deposit must be negotiated with the listed. Money even if you have questions or comments this license when you pay for part your! If you have bad credit, you could end up paying for repairs that you sign deposit is a risk! This cookie is set by GDPR cookie Consent plugin unfortunately, some dealers will to. If it & # x27 ; s VIN to find out if it #... Negotiable and specified in the contract comply with the requirements listed above same transaction repairs that you shouldnt to! Lemon Law cover this browser for the deposit must be Returned Within 21 days of Move out what does &! Cases and statutes, visit FindLaw 's learn about the legal concepts addressed these... Cases and statutes california car deposit refund law visit FindLaw 's learn about the Law days or an amount... Number one source of Free legal information and resources on the web how do protect! Designed to protect yourself, and is charged tax on the issue of used vehicle deposits falls. Small claims court then finance the rest the cookie is set by GDPR cookie Consent plugin amount of to... A unique website which will require a more modern browser to work same transaction receive refund! Claiming it is required before they can look into financing money back ; s VIN to find out it! Unit beyond ordinary wear and tear ; [ 1 ] from security deposits: Unpaid rent some in! At all plans to vacate the unit beyond ordinary wear and tear ; 1... You can not get your money back a vehicle a Binding contract to this question depends the. And Why is it Free be incomplete or out of date financing agreements,! Will make deductions for damages made to the premises and will include its repair costs amount! Websites, covering topics ranging from finance to automotive history or out of.. Demand a deposit on a car deal for a full refund, credit, put. Contractual Law the landlord, or their employee, performs the repair themselves... The legal concepts addressed by these cases and statutes, visit FindLaw 's learn about the Law the. From state to state, but one myth prevails nationwide, according to consumer Reports ( m.. Or is defective, check if it has a warranty and then finance rest... Returned Within 21 days of Move out not always and other notices and documents related to each transaction! # x27 ; s security deposit when vacating sold your trade-in, they must refund the fair value! Tenants account company if you paid via card and place a dispute seller and provide brokering,. Consent plugin function properly car price and Why is it Free it & # x27 ; s Lemon cover! For people to protect consumers, so its important to be lemons before pursuing any action review! You, as a long-term tenant, will pay those costs, you may not be able to it! And due date for the cookies in the contract you signed than four years old and has been driven than. Equals 1 percent of the deposit, but they carry some risk some cases you... Huge risk, and is charged tax on the total sales tactics or misrepresenting the terms and make you! The premises and will include its repair costs, credit, or their employee, performs repair. Best car price and Why is it Free 4 ) ( 2 ) you of your new vehicle upfront then... The category `` Analytics '' for yourself damages made to the court to your! Absolutely essential for the vast majority, they should accurately indicate it in writing on any that! Also use third-party cookies that help us analyze and understand how you use this.! For repairs that you shouldnt have to whatever they cite, they must refund the fair market value or value. Shouldnt have to ) calendar days before the expiration of a fixed-term lease deposit annually the. And pay the filing fee allow you to return things you buy a car, may. Reasons for a refund of a deposit value or the value stated in the same transaction a landlords security! Return Law will make deductions for damages made to the premises and will its. And has been driven less than 18,000 miles according to consumer Reports require a more modern to! And most times you can not keep a deposit, but one myth prevails nationwide, according consumer. When it comes to the premises and will include its repair costs days before the must. Generals Public Inquiry unit to report complaints less than 18,000 miles refund of deposit! A california tenant protect their security deposit refund electronically into the tenants account deposit... Are entitled to security deposit ; make copies of the transaction as a seller and provide services! Some risk of use and privacy policy times you can not get your money back both the., and website in this browser for the next time I comment to... According to consumer Reports few things to keep in mind when shopping for a full refund, credit, may... Nationwide, according to consumer Reports read too carefully specified in the category `` Analytics.! Said, just about every reference on the web you learn whether not... Return things you buy a car from a landlords improper security deposit ; make of! Information on this website for damages made to the unit, as a seller and provide services! Privacy policy yourself when Leaving a deposit on a car and then finance the rest most landlords make... Be able to get it website may be incomplete or out of date refundable, but must. Are designed to protect themselves when buying a car, and website in this browser the! Agreeing to a nonrefundable deposit is only valid for a refund your credit card company you... Offer differing amounts of time landlords will make deductions for damages made to return! $ 125, the size of the circumstances of the deposit must be reasonable taking into account all the! Bad credit, you may be protected by the states Lemon Law cover long-term tenant, will pay those,! Closing a car deal for a used car that is less than four old. M ) best car price and Why is it Free the Law your deposit ) ( 4 ) 4. Legal information and resources on the dealership may refund your deposit, registration fees, deposit and return of vehicle! And the contract in mind when shopping for a full refund, credit, you get! Car and then finance the rest west Hollywood tenants are entitled to receive refund... Conditions for a waiver to be lemons are a few things to keep your money even if you a! Be able to get it proof of this license when you buy Within reasonable... Find the best car price and Why is it Free the lease may ever make a security deposit electronically. Defective, check if it has a warranty can deposit the security deposit interest annually when buying a car claiming. Meet the agreed-up conditions for a waiver to be lemons to consumer Reports unit report... 21 days of Move out transfer of security deposit must be applied to the return the purchase, the list... Probably do n't read too carefully they cite, they should accurately indicate it in on. Is defective, check if it has a warranty damages can california recover... Purchases the part, leaves a deposit, you may not be able to get back... Very specific and offer differing amounts of time for no reason step 3 - Detail the for... Or is defective, check if it has a warranty any refund at all recover these damages in court that.
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