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Spot-Delivery

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Court of Appeals (Ohio) Says Car Dealer Who Could Not Obtain Financing for Customer within 30-Days Acted Properly Repossessing the Vehicle Thereafter And, Also, in Not Issuing an NOI

by Scott J. Hyman |

In Loury v. Westside Auto. Grp., 2022-Ohio-3673, ¶¶ 28-32 (Ct. App.), the Court of Appeals found no error in a car dealer repossessing a vehicle after a 30-day contract period within which it was supposed to obtain financing. As previously stated, the parties' Conditional Delivery Agreement provides that Loury is entitled to take immediate possession of the car while Westside… Read More

District Court (Fla.) Finds that Car Dealer Properly Invoked Right to Cancel Transaction When Financing Could Not Be Obtained

by Scott J. Hyman |

In Clarke v. West Palm Nissan, LLC., 2018 WL 521031, at *1–2 (S.D.Fla., 2018), Judge Rosenberg dismissed a TILA claim premised on a car dealers invocation of a right to cancel the transaction if and when financing could not be found. Defendant's Right to Cancel the Sale. Defendant's right to cancel appears in the sales contract, which is attached as… Read More

Court of Appeal (Fla.) Finds Car Dealer Violated TILA by Retaining Right to Rescind if No Financing Obtained in a Spot Delivery Situation

by Scott J. Hyman |

In Bengal Motor Co., Ltd. v. Cuello, --- So.3d ----, 2013 WL 1980147 (Fla.App. 3 Dist. 2013), the Florida Court of Appeal found that a car dealer violated TILA by having the customer sign a RISC, but also 2 other documents stating that consummation was conditioned on the dealer securing financing.  The facts were as follows: Cuello sought to buy… Read More

Bankruptcy Court (Cal.) Awards $18,032 in Damages/Puni’s Against Car Dealer Who Repossessed a Failed Spot-Delivery Deal in Violation of the Automatic Stay

by Scott J. Hyman |

In In re Hernandez-Panameno, 2012 WL 4867580 (Bkrtcy.N.D.Cal. 2012), Judge Carlson awarded $18,032 in sanctions and damages against a car dealer who repossessed a vehicle in violation of the Bankruptcy Code’s automatic stay.  The case arose out of a spot-delivery situation where the dealer could not find financing for the sale of the vehicle. Debtors purchased a car from Creditor… Read More

It’s Okay to Roll Trade-In Negative Equity into the Purchase Price in Texas; You’ll be Sanctioned for Arguing Otherwise

by Scott J. Hyman |

In Owen v. Jim Allee Imports, Inc., --- S.W.3d ----, 2012 WL 3755750 (Tex.App.-Dallas 2012), the Texas Court of Appeal held (again) that it was so well-settled and proper for a car dealer to roll trade-in negative equity into the purchase price of the RISC that a Plaintiff’s counsel should be sanctioned for arguing otherwise. In Bledsoe, this Court considered… Read More

District Court (Cal.) Remands Case Against Auto Finance Company who Removed to Enforce Arbitration Clause/Class Action Waiver Because FTC Holder Rule/ASFA Involved No Substantial Federal Question

by Scott J. Hyman |

In Medina v. Performance Automotive Group, Inc.,  2012 WL 219308 (E.D.Cal. 2012), Judge Karlton remanded to state court a class action alleging that a car dealer illegally ‘backdated’ retail installment contracts.  The defendant finance company had removed the matter to federal court, and then moved to compel arbitration (and the class action waiver) under Concepcion.   Judge Karlton found that neither… Read More

Supreme Court (Va.) Holds Spot-Delivery Dealer Retained Security Interest to Repossess Vehicle, But Still Had to Give Post-Repossession Notice

by Scott J. Hyman |

In Cappo Management V, Inc. v. Britt, --- S.E.2d ----, 2011 WL 2277386 (Va. 2011), the Supreme Court of Virginia addressed a spot delivery situation where the dealer was unable to secure financing for the consumer and, accordingly, repossessed the car.  The Court found the repossession proper under Article 9 of the UCC, explaining:   Applying this principle, we hold… Read More

District Court (Mich.) Finds TILA Violation Against Auto Dealer, But Rejects “Spot-Delivery” Claim

by Scott J. Hyman |

In Williams v. Delamar Car Co., 2011 WL 1811061 (W.D. Mich. 2011), Judge Quist entered a default judgment against an automobile dealer for TILA violations, but rejected Plaintiff’s ‘spot-delivery’ claim: Plaintiff asserts that Defendant committed a second TILA violation by failing to disclose a hidden finance charge—the fee based on Plaintiff's credit risk—that would not have been charged in a… Read More