Our experience shows that the largest complaint
by consumers is being misled by unscrupulous salespersons making false and misleading claims concerning the quality or other
condition of a consumer product, such as new and used automobiles, boats, and R.V.'s, or the benefits or terms of a sales
contract, service contract, mortgage loan, or other consumer product or service.
Contrary to popular belief, California's three (3) day right to rescind some contracts such as
home solicitation (door-to-door) contracts, mortgage loan contracts, dating service agreements, and others, does not apply
to automobile purchase agreements. In fact, the only right to rescind found in the standard automobile purchase agreement,
is in favor of the dealer to rescind if no financing can be arranged (in which case, the sales agreement is deemed
rescinded by law, with each party obligated to return to the other any money or property previously given).
However, misrepresentations, even innocent ones, concerning a matter of significance as to the
quality, age, benefits, rights, certification, geographic origin, characteristics, uses, grade, and others, during the sales
negotiations are prohibited by the Act, and readily provide a remedy to rescind the contract, obtain actual damages, and if
a lawsuit is necessary, to recover attorney's fees and court costs from the dealer or other business.
This means that when the new car salesperson/finance manager tells you the car is new, when in
fact it was a demonstrator, or worse, that it was sold once to someone whose financing did not go through and the sale "rolled
back", or other disclosures required by law were not made, help is available.
This means that when the used car salesperson tells you their shop thoroughly examined the vehicle
and found it to be in excellent mechanical condition, and based thereon, you agreed to buy it "As-Is", help is available.
Or, when the finance manager tells you a service contract is required to get financing, or the service contract covers a blown
engine or transmission when it does not, or other misrepresentations were made or required disclosures not made, help is available.
This means that when the mortgage broker tells you to go ahead and sign the defectively drawn
mortgage loan documents, and you will get a refund of the "erroneously" included points or other charges, help is available.
