Florida Spot Delivery Case Still has Merit
Car buyer Garrietta Vereen sued dealer Lou Sobh Automotive of JAX Inc. d/b/a Honda of the Avenues in Jacksonville, alleging that the dealer violated the Truth in Lending and Equal Credit Opportunity acts, Uniform Commercial Code and the state’s retail sales financing law, in a spot delivery case. Buyer also alleged that the dealer violated Florida’s deceptive trade practices law, and seeks actual, punitive and statutory damages and attorney fees.
Vereen bought a 2005 Suzuki Forenza in March 2010, dealer’s finance manager told her that a third-party lender would provide financing. Later the lender declined credit when it claimed it had not received enough information to verify income of the buyer.
The dealer then found another lender offering a loan with monthly payments that would be $93 more per month. The buyer rejected this modification and refused to return the car. The dealers canceled the deal and ordered the repossession of the car from the buyer, but kept the buyer’s trade-in car and her $1,000 down payment.
Judge Melton said dealer was not a lender or creditor for truth-in-lending purposes. He said Vereen had a full opportunity to read all documents before signing them, understood that financing was contingent on approval by a third-party lender, and knew she had to make payments to the lender, not the dealership. However, the Judge allowed Vereen’s unfair trade practices claim to stand, because there are factual questions to decide at trial, such as whether the dealership told her that the transaction was final, not conditional, when she took delivery of the car.
Plaintiff’s lawyer Raymond Ingalsbe of Palm Beach Gardens, Fla., said his client will make a motion for rehearing.
Read more: http://www.autonews.com/article/20120321/LEGALFILE/303219989#ixzz26YQRQqa6