Q: Auto fraud to a Spanish speaking senior citizen.
My dad purchased a vehicle 1.5 years ago. The car is having issues now and he went to the dealership where he purchased the car so they can help him fix it. The dealership said there was nothing they can do for him. They sold him an extended warranty that they won’t accept. He went to another dealership to try and get the car fix. The other dealership explained to him that the place he bought it from added a bunch of warranties and extras. So instead of the initial price he thought he was paying of $7,000.00 he owes $15,044. After paying for 1.5 years @ $400 a month. Also everything was in English, which means he has no idea what he signed. I can’t help him since I live in Canada.
Is there anything he can do ?
A:
Under California law, your father may have several options to address this situation. First, it's important to review the sales contract and all related documents. If there are discrepancies or unclear terms, especially considering the language barrier, he might have grounds for a claim.
The California Automobile Sales Finance Act provides certain protections for car buyers, including requirements for clear disclosure of all charges and terms. If the dealership failed to comply with these requirements or misled your father, this could be a basis for legal action.
Additionally, California's Consumer Legal Remedies Act prohibits deceptive practices in the sale of goods and services. If the dealership used deceitful tactics or failed to disclose important information, your father could potentially seek remedies under this law.
Since language was a barrier, the dealership’s failure to provide contracts in a language your father understands could also be relevant. California law requires certain contracts to be provided in the language in which they were negotiated, particularly for Spanish speakers in certain situations.
Given these complexities, it would be advisable for your father to consult with an attorney experienced in consumer protection law. An attorney can review the specifics of his case, advise on potential legal claims, and assist in negotiating with the dealership or taking legal action if necessary.
It's also a good idea to gather all documentation related to the purchase and any communications with the dealership. This information will be crucial for an attorney to assess the situation effectively.
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