Raceway Ford Cases

When a dealer spot delivers a car but later recalls the buyer to rewrite the deal, the dealer may charge interest from the date of the spot delivery and may backdate the new contract to the delivery date without violating California’s Automobile Sales Finance Act so long as the rewritten contract discloses an APR accurately…

Condon v. Daland Nissan, Inc.

The standard Law Printing car contract, which requires the buyer to proceed to a second arbitration before a three-arbitrator panel if the first arbitration before a single arbitrator results in an award exceeding $100,000, is enforceable. Under a standard Law Printing car contract, the buyer was required to proceed to a second arbitration before a three-arbitrator…

Tun v. Wells Fargo Dealer Services, Inc.

A defendant may tender the amount it estimates the plaintiff is entitled to under the Automobile Sales Finance Act without admitting liability, and may recover the tendered sum plus costs and attorney fees if the plaintiff recovers less at trial.  Civ. Code 2983.4 allows a defendant to be deemed a prevailing party entitled to a…

Gonzales v. CarMax Auto Superstores, LLC

A car dealer selling a “certified” used car must provide the buyer, before the sale, with an inspection report that lists each part that was inspected and states how the part performed on inspection; failure to provide the report violates the Consumers Legal Remedies Act and the Unfair Competition Law.  Vehicle Code 11713.18(a) provides that…

Goglin v. BMW of North America, LLC

Plaintiff reasonably rejected earlier settlement offers requiring general releases and nondisclosure agreements and so was properly awarded her attorney fees under the Song-Beverly Warranty Act after agreeing to a settlement lacking those provisions.  The trial court did not abuse its discretion in awarding $185,000 in attorney fees under the Song-Beverly Act after the case finally…

Nichols v. Century West, LLC

In compliance with the Rees-Levering Act, a car purchase agreement properly disclosed the buyer’s $3,000 as a down payment, rather than as a deferred down payment, even though the payment was by post-dated checks that the dealer orally agreed not to deposit for several days.  A car dealer accepted three $1,000 checks from plaintiff car…