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Dealer Agreements

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Court of Appeal (Cal.) Says Bank Did Not Waive Buy-Back Rights Against Dealer under Dealer Agreement By Allowing Post-Repossession Reinstatement of RISC

by Scott J. Hyman |

In Bank of the West v. Champion Chrysler Jeep Dodge, 2018 WL 6520944, at *4 (Cal.App. 2 Dist., 2018), in an unpublished decision, the Court of Appeal affirmed a verdict in favor of a bank against an automobile dealer under a Master Dealer Agreement. Dealer contends that by at least September 11, 2012, Bank had actual and constructive knowledge that… Read More

Court of Appeal (Oh.) Reverses Trial Court’s Conclusion that Auto Finance Company Can Not Establish Status as Assignee Without Producing Dealer Agreement

by Scott J. Hyman |

In GMAC, Inc. v. Branham, 2013 WL 2298349 (Ohio App. 6 Dist. 2013), the Ohio Court of Appeal reversed a trial court’s conclusion that an automobile finance company had not established that it was the assignee of the vehicle lease (for collection purposes) because it did not produce its Dealer Agreement with the Dealer. In support of its first assignment… Read More

Court of Appeal (Cal.) Enforces Auto Finance Company’s First Payment(s) Default Recourse Provision in Dealer Agreeement Against Assigning Auto Dealer

by Scott J. Hyman |

In Lobel Financial v. Baltazar, 2013 WL 821205 (2013), the Court of Appeal in an unpublished decision enforced a First Payment Default/Recourse provision in a Dealer Agreement that allowed an auto finance company to demand repurchase of a contract from the assigning car dealer.  The facts were as follows. Affordable Auto sells used cars, and in turn it sells its… Read More