Viramontes
Viramontes v. Desert Auto Plaza CA4/1
Opinion
Opinion
Mcintyre, J.
DISCUSSION
The Automobile Sales Financing Act (ASFA) "contains detailed disclosure
requirements intended to protect the consuming public and includes provisions that
render a conditional sale contract unenforceable if any of those disclosure requirements
are violated, regardless of the nature of the disclosure violation or any consumer harm."
(Rojas v. Platinum Auto Grp., Inc. (2013) 212 Cal.App.4th 997, 1005; Civ. Code, § 2981
et seq.) Civil Code section 2982, subdivision (a)(6)(D), requires a conditional sale
contract to itemize a buyer's downpayment and specify if all or a portion of the
downpayment is "to be deferred until not later than the due date of the second regularly
scheduled installment under the contract . . . ." (Rojas v. Platinum Auto Grp., Inc., supra,
at p. 1002.) Civil Code section 2981.9 also requires "all of the agreements of the buyer
and seller with respect to the total cost and the terms of payment for the motor vehicle,
including any promissory notes or any other evidences of indebtedness" to be contained
in "a single document." (Ibid.)
The trial court properly entered judgment for Viramontes because 1) the Contract
did not state that…