Summary of the California Vehicle Buyer's Bill of Rights
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The bad news is that a lot of dishonest dealers routinely cheat consumers. The good news is that strong, clear consumer rights are in place to protect vehicle buyers. Here's a brief overview of your rights as a California vehicle buyer or lessee under the California Vehicle Buyer's Bill of Rights.
Odometer/Rollback Fraud
- You have the right to a vehicle whose odometer is accurate or written disclosure that it is not.
Prior Accidents
- You have a right to disclosure of prior material damages to a vehicle - e.g., you must be told if a vehicle has been in a major accident. If you ask about prior accidents, moreover, you have a right to a truthful response.
Prior History/Rental Vehicles
- You have a right to be told if the vehicle is a prior rental vehicle. This information must be physically posted on the vehicle at the time of sale.
Undisclosed Negative Equity/Upside-Down on Trade-in Vehicles
- You have a right to receive proper disclosures in a sale contract under truth-in-lending laws. This includes disclosure of negative equity in your trade-in vehicle, proper disclosure of deferred down payments and proper itemization of extras and add-ons that are part of the deal.
Buyer's Guide/Used Vehicles
- You have a right to review, sign and receive a copy of a "Buyer's Guide" on all used cars. The Buyer's Guide must be affixed to the vehicle at the time of the sale.
Payment Packing
- You have a right to truthful price and payment quotes by sales representatives. Often dealers will quote a higher monthly payment than the deal calls for and then "pack" in highly profitable extras, which are represented as "free" or "discounted."
Copies of Signed Documents and Credit Applications
- You have a right to copies of all documents that you sign during the deal, including your credit application.
Forgery
- You have a right to personally sign all documents.
Receipt of Non-English Translated Contracts
- If you negotiate a transaction primarily in Spanish, Chinese, Vietnamese, Tagalog and Korean, you have a right to a translation of the sale or lease contract and the "Buyer's Guide" in the language in which it was negotiated.
Single Document
- You have a right to have all your agreements regarding price, payments, rights, and remedies set forth in a single document (the sales contract).
"Lemon" Disclosures
- You have a right to proper disclosure if the vehicle has been previously repurchased as a "lemon," including accurate disclosure of any prior problems with the vehicle.
New vs. Used Disclosures
- You have right to have a clear disclosure in the sales contract whether the vehicle is new or used. If a vehicle has been driven by a dealer as a "demo" model or has been previously bought and returned, it must be disclosed as used.
Dates on Contracts
- Simply put, you have a right to a contract that is dated correctly.
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Trade In Fraud
My van got over heated, we took it to Dodge dealership after my mechanic friend said he can not fix the severe electrical issue. Dodge mechanic called me 2 days later and said it cost $2750 to fix it, I agreed. The next day, Dodge sales rep called me and said he noticed my van is in service and he has a 2008 minivan with a great deal so why pay to the repair, instead just trade it in for a new one. I asked him to check my van's condition and let me know how much for trade in. He called me back and told me to come down and work on the numbers.
Leah and I went to Dodge, negotiated a new car, they offer me $3000 for my van, I offered 17,000 for theirs (listed discount 18,888). They said no way, then they offered 4,000 for my van, then 4500 because they still have to pay for the repair and all. We agreed 4500 trade in (my van is 2002 with 50,000 miles ) and 18,888 for theirs.
we did all paper work for financing the new van, it listed $4500 is the trade in value for my van and it is used for down payment. I signed release of ownership of my van, signed paperwork for the new one and drove it home.
The next day, the sales man called and said we have a problem, I need to pay for the 2750 repair cost or he will get fired because he over paid my van. Then his boss called and said I have to return the new van or pay the repair cost, or their service department still send me the bill. Note that when I signed the van's ownership to them, it is still unrepaired. His reasoning is they did not sign any paper work to state that they will pay for it but I was the one who agreed the repair with service department. But you know, any one did trade in would think they will take care of it because they said "why pay for repair, trade it in for a new one". Note that I did not sign any paper work stating the $4500 is the value after the car is fixed or paid for the repair by me.
Am i obligate to pay for the repair cost to Dodge Dealership even after my car has been traded in? I feel like they cheated me into buying the car, then wait for my family feel attached to the new car, then play this game
Thank you for your help,
Dung
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