ML Jim Sifers

Pitfalls in Non-English Deals

In California, it is not unusual for dealerships to find customers who speak little or no English. According to the 2010 Census, for California residents age 5 and older, 42.98% spoke a language other than English as their primary language at home. (“Qualifying Urban Areas for the 2010 Census” Federal Register.) In 1976, the California Legislature enacted Cal. Civ. Code § 1632, which was done in light of “the state’s […]

ML Jim Sifers

Pitfalls in Warranty

Whether your dealership provides a warranty for the vehicles it sells may be a decision based on business practices or it may be required by law. When a warranty is provided by a dealership oftentimes that warranty can expose the dealership to consumer claims should the purchaser claim issues with the vehicle. Before you decide whether your dealership should offer warranties on the vehicles you sell, you should first determine […]

ML Jim Sifers

Pitfalls in Collecting Licensing Fees

A new tactic by consumer attorneys, which has gained momentum over the past few years, is filing suit against dealerships who do not refund estimated vehicle license fees where a refund is due. Many dealers tend to overlook the relatively small amounts due to purchasers where an estimate of vehicle license fees is collected, the amount paid is less than what is collected, and where a refund is due to […]

ML Jim Sifers

Pitfalls in Accepting Deferred Downpayment

One of the issues that repeatedly plagues dealers is that of the deferred downpayment. Many consumers require the use of a deferred downpayment in order to complete their purchases. However, that presents a host of unique issues for dealers. The most common issues are improper disclosure, collection attempts after the purchase contract has been assigned to a finance company, and what constitutes a deferred downpayment. Per the Automobile Sales Finance […]