Category: Defense

Smiling man in a suit and tie.
Attorney, Auto Defense, Defense, James S. Sifers, Used-Car Dealerships

Electronic Signatures in Vehicle Sales

Electronic transactions have vastly simplified the way many industries document deals.  Several of my automobile dealership clients have inquired as to whether vehicle transactions can be documented electronically.  Currently, the answer to that question is no.  Despite the aging equipment used to memorialize deals found in many automobile dealerships, including dot matrix printers with cutting edge 1980s technology, California has exempted new and used vehicle leases and sales from its […]

Graphic of article titled "Legal Guardianship Of A Minor In California" from Madison Law
Auto Defense, Defense, Used-Car Dealerships

Proposition 65 Warning & Your Dealership

PROP 65 GENERALLY Prop 65, aka the Safe Drinking Water and Toxic Enforcement Act, requires CA to publish a list of chemicals known to cause cancer or reproductive toxicity, and for businesses with 10 or more employees to provide warnings when they knowingly and intentionally cause significant exposures to listed chemicals. NOTE: Prop 65 does not ban or restrict the sale of chemicals on the list. NOTE: The new OEHHA […]

ML Jim Sifers
Attorney, Auto Defense, Defense, James S. Sifers, Used-Car Dealerships

Why A Safety Inspection Is So Important!

A safety inspection for a vehicle that your dealership is going to offer for sale to the public is not just a good idea, it is required by law.  A proper safety inspection can reveal potential problems with a vehicle and act as an insurance policy which confirms that a vehicle sold by your dealership was in a safe condition prior to that sale.           Cal. […]

ML Jim Sifers
Attorney, Auto Defense, Defense, James S. Sifers, Used-Car Dealerships

Court Rules Services Advisors are Exempt

On April 2, 2018, the United States Supreme Court issued its opinion in Encino Motorcars, LLC v. Navarro, et al. No. 16-1362 (“Encino”).  In Encino, the Court reversed a Ninth Circuit Court of Appeals Decision and ruled that automotive service advisors are exempt employees not entitled to overtime wages per the Fair Labor Standards Act (“FLSA”) 52 Stat. 1060. (Opinion Pg. 1.) The Court ruled that automotive service advisors are […]

Car Dealership; Buyer's Guide
Defense, Used-Car Dealerships

Changes To The Buyer’s Guide

Starting January 27, 2018, the Federal Trade Commission will require all used automobile dealers to use a revised Buyers Guide.  The revised Buyers Guide: Changes the description of an “As Is” sale; Places boxes on the face of the Buyers Guide that dealers can check to indicate whether a vehicle is covered by a third-party warranty and whether a service contract may be available; Provides a box that dealers can check […]

Mediation, Mediator shaking hands
Attorney, Criminal, Defense

Mediation Confidentiality: Make Sure All the Terms are in a Written Agreement

Everyone is entitled to their day in court:[1] few take it.[2] Historically, less than 3% of cases go to trial.  Instead, most of the lawsuits filed are settled.  And most of the cases that settle, settle in mediation.[3] Mediation was once controversial in particularly contentious cases.[4] Now, mediation is so well accepted that you may be ordered to attend mediation by your Judge – even if you do not want […]