Viramontes

Viramontes v. Desert Auto Plaza CA4/1

Good Law
Court of Appeal of CaliforniaAugust 24, 2015D067237California1,488 words

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…

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