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Category Archives: Automobile Dealers and Manufacturers
I previously summarized a decision out of the California Court of Appeals, Fourth Appellate District, Fisher v. DCH Temecula Imports LLC, in which the court held that a consumer’s right to bring a class action under the California Legal Remedies … Continue reading
At some point, dealers are likely to find themselves confronted with the question of whether they must verify that a potential buyer or lessee has a valid driver’s license. While the question is complex and without an entirely clear answer, … Continue reading
The continuing economic downturn is impacting more than dealership profit margins. It has recently come to our attention that lenders are employing desperate measures in an attempt to force dealers to buy back their contracts. More specifically, lenders are clinging … Continue reading
A recent California case holds that a consumer’s right to bring a class action under the California Legal Remedies Act constitutes an unwaivable statutory right.
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The California Automotive Repair Act (the “Act”), codified as California Business and Professions Code section 9800 et seq., was enacted by the California Legislature in 1971 in an attempt to regulate automotive repair dealers, namely those who engage in the … Continue reading
On July 2, 1964, the Civil Rights Act (“Act”) of 1964 was signed into law. Title VI of the Act provides that “[n]o person in the United States shall, on the ground of race, color, or national origin, be … Continue reading
Dealers should proceed with caution in blindly relying on the common assumption that there is no cooling-off period for automobile sales. Under federal law, vehicle sales are not expressly exempted from what is commonly referred to as the Door-to-Door … Continue reading
In a previous positing, I discussed the implications of the recent California Attorney General (“AG”) opinion on the California Automobile Sales Finance Act’s (CASFA) Single Document Rule for new car dealers. I will now explore the legal reasoning behind the … Continue reading
We have received a few inquiries lately asking what consumers’ rights are when an automobile dealer cannot get a buyer’s financing approved. The short answer is that if a buyer cannot obtain a dealer-assisted loan, the conditional sales agreement is … Continue reading
The California Automobile Sales Finance Act (AFSA) protects consumers from excessive finance charges and hidden costs by requiring that automobile sales contracts disclose all items of cost. An extremely important provision of the AFSA is the Single Document Rule contained … Continue reading
