A gap waiver is a debt cancellation agreement which absolves you from paying the difference between what you owe on the vehicle and what it's worth if the vehicle is declared a total loss.
In short, debt cancellation agreements (sometimes referred to as “Gap”) are contracts that cover the difference - or the gap - between what your new vehicle is actually worth and the amount you still owe on it.
Debt relief or debt cancellation is the partial or total forgiveness of debt, or the slowing or stopping of debt growth, owed by individuals, corporations, or nations.
In short, debt cancellation agreements (sometimes referred to as “Gap”) are contracts that cover the difference - or the gap - between what your new vehicle is actually worth and the amount you still owe on it.
Chapter 354 debt cancellation agreements apply only to retail installment contracts, not loans or leases. Debt cancellation agreements for consumer loans are subject to a different provision: Section 342.4021 of the Finance Code.
A cancellation agreement is an agreement where the parties legally end their contractual relationship and the cancel the contract. The agreement specifies the parties, the cancellation reasons, and how and when the cancelation takes place. All parties in the original contract must sign the cancellation agreement.
After a debt is canceled, the creditor may send you a Form 1099-C, Cancellation of Debt showing the amount canceled and date of cancellation.
Debts may be canceled in a variety of ways, including through negotiations between the creditor and the debtor, debt relief programs, and personal bankruptcy. Debts forgiven by a creditor are generally considered taxable income.
If the salesperson provided you with the right forms, you can cancel the sale by signing the form titled "notice of cancellation," dating it, and mailing it back to the salesperson. To obtain a full refund, you must do this before midnight of the third business day after the sale.