As has become a truth in California with respect to auto dealers, no good deed goes unpunished. Many consumer attorneys have taken issue with dealers providing goodwill and/or warranty work for recently sold vehicles where a written estimate for the work to be provided and/or an invoice for completed work was not provided. This often happens in situations where a dealer’s in-house mechanic does work for a customer shortly after […]
In order to operate as a dealer in California, the California Department of Motor Vehicles (“DMV”) requires dealers to provide a $50,000 dealer bond to protect purchasers, sellers, financing agencies, and governmental agencies against monetary loss resulting from the dealer committing fraud and/or making fraudulent misrepresentations. (Cal. Veh. Code § 11710.) In response to this requirement, there are a number of third-party surety companies that will provide this bond in […]
One of the most common disputes arising among landowners in California is, when a shared fence needs to be repaired or replaced, which neighbor pays? The short answer is that California law says that both share equally in the cost. However, with most issues at law, the complete answer is never that simple. Cal. Civ. Code § 841 is California’s attempt to resolve this all too common dispute between neighbors. […]
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 […]
Most dealerships in California utilize a commission compensation structure in order to pay their sales staff. Doing so is generally allowed if the dealership complies with the myriad of laws dealing with this type of arrangement. The problem is that many dealerships run into costly issues when they do not properly calculate the pay due to their sales staff or properly document the relationship between them and their sales staff. […]
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. […]
