Q: How much can a dealership be liable for if they have established a violation of vehicle code section 11709.4?
Traded in a vehicle with 10-day payoff and dealership failed to payoff within 21 days. In fact, it has been nearly 60 days and still not paid off. I contacted dealership after being notified by mail of late payment and that it was reported to the credit companies. Dealership doesn't know what happened and can't produce a paper trail to prove good faith within 21 days. Obviously, their dealership dropped the ball and now I suffer the ramifications.
A: it depends on what your damages are. and you have to take specific steps to limit damages before you could proceed, such as written dispute to credit bureaus and creditor re late fees/ negative reporting. not a do it yourself project. contact a consumer protection attorney right away for guidance and next steps.
1 user found this answer helpful
A:
Under California law, a dealership that violates Vehicle Code Section 11709.4 may be liable for damages resulting from the violation, including any financial harm suffered by the consumer due to the dealership's failure to timely pay off the traded-in vehicle. The specific amount of liability will depend on factors such as the extent of the financial harm caused and any additional damages resulting from the violation.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
