spridgets
[Top] [All Lists]

RE: Dealing with Buying a Car (long, no LBC)

To: <SDOliner@aol.com>, <spridgets@autox.team.net> teamfat2.dsl.aros.net id g26HHCG21828
Subject: RE: Dealing with Buying a Car (long, no LBC)
Date: Wed, 6 Mar 2002 11:17:10 -0600
Thread-index: AcHFK1pdq9JruU+NRhW2vIYIu8E5UQAB0UCK
Thread-topic: Dealing with Buying a Car (long, no LBC)
And of course, you would be foolish to think that there are many folks that 
stand by their WORD anymore............... 


-----Original Message-----
From:   SDOliner@aol.com [mailto:SDOliner@aol.com]
Sent:   Wed 3/6/2002 10:16 AM
To:     spridgets@autox.team.net
Cc:     
Subject:        Re: Dealing with Buying a Car (long, no LBC)

In a message dated 3/6/02 2:09:51 AM Eastern Standard Time, 
davriker@pacbell.net writes:

<< Greg did not have an executed California Automobile Sales Contract.  He had
 a sheet of paper with some numbers written on it, and a receipt for a
 deposit on an ordered vehicle. Very big difference. >>

Not trying to be adversarial here. But I respectfully still disagree.

Had the dealer entered into a California Automobile Sales Contract, it may 
have been availed certain statutory protections, such as a right of recession 
 It may well be a violation of the statue to have taken the deposit without 
having entered into the standard sales contract. This may result in some 
penalties to the dealer, but the dealer cannot use its own misfeasance as a 
defense. 
In the absence of any other contract, the Uniform Commercial Code should 
control, which merely requires that a contract for the sale of goods (a car 
is goods) over a threshold dollar amount, must be evidenced by a written 
memorandum. (Guy if you are reading this, you Brits call this the Statue of 
Frauds. We imported your laws long before there were LBCs.)

Alot of this stuff is coming off the top of my head, but as I recall 
Lousianna is the only state which did not adopt the Uniform Commerical Code. 
This allows companies to do business in almost any state and know what they 
are getting into.

It is respectfully sumbitted, that a memorandum, which specifies the model of 
the car and the amount and the names of the parties exists and the contract 
is enforcible.

I don't think there is judge or jury stupid enough not to agree with this 
point.

Sorry guys, it is the old lawyer in me coming out again.

David Oliner, Esq.

///  unsubscribe/change address requests to majordomo@autox.team.net  or try
///  http://www.team.net/mailman/listinfo
///  Archives at http://www.team.net/archive/spridgets


<Prev in Thread] Current Thread [Next in Thread>