Legal Question in Consumer Law in California

Re: Class action potential? They must be doing this to others...

They did not repossess the vehicle too soon--you were 61 days late! Per Cal law you do not have the right to get the vehicle appraised prior to sale. However, you did have a right to notice of the sale date and to extend the sale date by 10 days so you could reinstate the contract. If notice was not sent to you or if you asked for a 10 day extension and the request was denied, then the finance company cannot seek a deficiency against you. Also, you could always claim that the contract was unconscionable, the vehicle was a lemon, you were given a false odometer reading, the dealer lied to you, etc. Every repo deficiency case I have taken to trial I have won. Does not mean I will win your case though. But be prepared to pay around $10,000 in attorney fees for your defense.

Re: Class action potential? They must be doing this to others...

This is an area of the law that is subject to a multitude of state and federal provisions. Your post does raise the possibility of substantial legal defenses. I am currently handling a similar case for a client right now.

I would be willing to discuss your case to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

Re: Class action potential? They must be doing this to others...

I disagree with my hungry colleague that you have a case. New cars depreciate 25% the minute you drive them off the lot. How you were able to finance a $42,000 vehicle, plus tax, for $4000 down and $400 a month I don't understand. While the fact that they denied you an appraisal may have violated your rights, the auction price doesn't seem that far out of line and, let's face it, if your car gets repoed you are going to be in a world of hurt, the dealership is entitled to a profit when they resell your car, and your beef with the dealership/financing entity is, at best, perilously close to being in the category of Whining.

I imagine most people who will read your post have cars that didn't cost $42,000, or even $30,000 and will be completely unsympathetic.

Re: Class action potential? They must be doing this to others...

I agree with Mr. Stone. I dont think you have much of a case. The car probably depreciated to $30,000 when you bought it. They sold it for close to that amount. While you may have been entitled to an appraisal, unless you can show that the appraisal would have been for substantially more, I don't know what your damages are. Further, as long as the buyer buys it at an auction with other potential buyers there, the deal will be presumed to be valid.