Buying a Car is Awful Because… Tell me…
I have represented over a thousand people and have purchased many cars myself. Almost every experience related to me is the same. It sucked. The reasons are different BUT the results are the same. It sucked!! Take a look! Here too about the tricks.
I would describe it as follows:
New Jersey Consumer Fraud Laws
In a dealership litigation where a Plaintiff is alleging that a vehicle has been in a prior automobile accident despite representations from the dealer to the contrary that the vehicle has not been in an accident, one issue in the case is (a) to what extent that the dealer was aware, and (b) to what extent is the vehicle subject to repair costs. Ordinarily, in these cases but not necessarily in every case, an expert might be obtained to determine the nature and extent of the damage, to what extent the damage was known to the selling dealer and whether or not the dealer should have been unknown of the defects and the level of repairs that needed to be occasioned upon the vehicle.
Auto Dealerships and Ethics.
There is an organization to which many dealer belong, NADA, and it is dedicated to helping dealers amongst other purposes.
They produce and collect many statistics but they also have ethics guidelines posters for dealers. Is it fair to assume of a dealer belong to NADA they comply with this set for guidelines? Good questions
This is a copy of a complaint that was filed in New Jersey Superior Court
The plaintiffs, individually and on behalf of others similarly situated, state the following:
COUNT I 1. On or about October 2010, the defendants, their agents, servants and/or employees were licensed to do business in the State of New Jersey and employed within their capacity as agents of the aforementioned defendants including, but not limited to, Chapel Heights Auto, Apollo Auto Sales, Inc. and Auto Car Ltd.
Consumer Class Actions and Defective Cars
There are some great websites that track class action recently filed. Please review the link.
Upon review of the site it lists a few recently filed class actions, specifically one involving Honda Hybrids There is a link to an actual copy of the over three hundred page complaint.
GMC Acadia and Lemon Law
Edmunds.com has provided a list of GMC Acadia customers that have been complaining about water leaks in their GMC Acadia, among other issues.
If you have this car and you are having problems with the vehicle, including water leaks, please contact The Law Office of Jonathan Rudnick, LLC.
THE DEFENDANT SHOULD BE ESTOPPED FORM ASSERTING THE ARBITRATION CLAUSE THIS LATE IN THE LITIGATION, ESPECIALLY SINCE THEY 1) FILED A COUNTERCLAIM IN BREACH OF THEIR OWN AGREEMENT; 2) MOVED TO HAVE JUDGMENT ENTERED ON THAT COUNTERCLAIM AGAIN BREACHING THEIR OWN AGREEMENT TO HAVE ALL DISPUTES BETWEEN THE PARTIES
The defendant should be prohibited for enforcing the arbitration agreement because of (1) the extent of the time which they took to enforce the arbitration agreement, and (2) the making of a counterclaim clearly breached the agreement between the parties. The defendants breached the agreement by making a counterclaim rather than demanding arbitration and as such cannot enforce the agreement. Not only have they made a counterclaim but they have moved to enter a judgment on those pleadings.
It is black letter contract law that a material breach by either party to a bilateral contract excuses the other party from rendering any further contractual performance. Magnet Res., Inc. v. Summit MRI, Inc., 318 N.J. Super. 275, 285, 723 A.2d 976, 981 (App.Div. 1998). The court should hold that the defendants have waived their right to assert the matter should be arbitrated. The Supreme Court addressed the issue of waiver in Wein v. Morris, 194 N.J. 364, 376 (2008) and held the following:
New Jersey Courts have analyzed what constitutes a breach of the peace.
“Breach of peace,” as used in the Code, should be construed according to the ordinary and usual meaning of the term, and ordinarily contemplates violence or the threat of violence. Slowinski v. Valley Nat. Bank, 264 N.J. Super. 172, 187, 624 A.2d 85, 93 (App. Div. 1993), emphasis added.
The courts have determined that it is a question of facts as to whether there has been a wrongful repossession for a breach of the peace, and that should be applied to this case. The plaintiff has alleged there was a threat of violence (arrest) to force the plaintiff to return the boat. It worked because the plaintiff returned the boat in order not to get arrested by what he thought was a Sheriff coming to arrest him and take him to jail. This is the type of conduct that creates a jury question on this issue.
The basic concepts for the body of law underlying repossession, rights and remedies are encompassed in the Uniform Commercial Code. The UCC has established a multistep process and a list of requirements to be followed by creditors who have secured rights. The concept of repossession is not a single act of “repossession” collateral to enforce creditor rights BUT rather an entire process of 1) repossession; 2) notice; 3) sale and final resolution of the rights and relationships between the parties. The entire repossession process promulgated by the UCC ensures fluidity and predictability of 1) parties’ expectations; 2) standard of conduct. Again, repossession is an entire process, from self-help acquisition to post-notice sale and deficiency.
The following is the entire repossession process:
• 12A:9-607. Collection and Enforcement by Secured Party • 12A:9-608. Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus • 12A:9-609. Secured Party’s Right to Take Possession After Default • 12A:9-610. Disposition of Collateral After Default • 12A:9-611. Notification Before Disposition of Collateral • 12A:9-612. Timeliness of Notification Before Disposition of Collateral • 12A:9-613. Contents and Form of Notification Before Disposition of Collateral: General • 12A:9-614. Contents and Form of Notification Before Disposition of Collateral: Consumer-Goods Transaction • 12A:9-615. Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus • 12A:9-616. Explanation of Calculation of Surplus or Deficiency
The law in the State of New Jersey is that if a repossession agent repossesses a vehicle in an improper fashion which has been previously addressed, it is the non-delegable duty of the finance company, that might have initially authorized a repossession, to make sure that the repossession happens without a breach of the peace.
New Jersey Courts have determined that it is a public policy that the repossession agents not breach the peace when repossessing a vehicle. The Courts have also determined that it is ultimately the obligation of the finance company to make sure that this does not happen in an improper manner. This is called a non-delegable duty. This means that it is ultimately the responsibility and the obligation of the finance company who authorized a repossession to make sure the repossession is done in a proper manner consistent with the New Jersey law. It does not matter whether it was with violence as an impersonation of a law enforcement officer or in some other improper and illegal manner. This is the obligation of the finance company with regard to ultimate liability.
What this means as a practical matter for someone who owns or operates a vehicle is that if there is an improper act with regard to repossession of an automobile, regardless of who this person is, where they are or why they did what they did, it is ultimately the liability of the finance company in this regard. This means that you can sue the finance company if a repossession agent engaged in illegal or wrongful repossession or breach of the peace or did some other inappropriate or wrongful action. The public policy is that the Courts insist they will not permit a finance company to put their head in the sand while any type of improper or illegal actions are occurring with regard to repossession. This is why it is a non-delegable duty; this is why it is the responsibility of the finance company to make sure it is done properly and this is why the finance company has insurance and/or the repossession agent is required to carry insurance by the finance company.
New Jersey Lemon Law Lawyer Blog