In an arbitration award issued this week, an arbitrator held Razzari Nissan violated California law by selling “Quality Assured” used vehicles without complying with California law regarding the sale of “certified” used vehicles. Although Razzari Nissan did not use the word “certified” in its marketing and labeling of used vehicles, the arbitrator found Razzari Nissan’s.. read more
Hall of Shame
Rodriguez v. AutoNation Honda Fremont, et al.
Rosner, Barry & Babbitt, LLP, prevailed at arbitration against AutoNation Honda Fremont and Santander Consumer USA, Inc. The arbitrator determined AutoNation Honda Fremont misrepresented the subject vehicle’s accident history and failed to disclose its status as a rental vehicle prior to sale. The arbitrator awarded our client rescission.
Treskunoff v. Folsom Lake Toyota, et al.
Rosner, Barry & Babbitt, LLP, prevailed at arbitration against Folsom Lake Toyota and Wells Fargo Dealer Services. The arbitrator awarded our client rescission due to Folsom Lake Toyota’s failure to provide a completed inspection report prior to selling a Certified Pre-Owned vehicle. The arbitrator found Wells Fargo Dealer Services, as the holder of the purchase contract,.. read more
Azimi v. Pacific Nissan, et al.
Rosner, Barry & Babbitt, LLP, prevailed at arbitration against Pacific Nissan. The arbitrator determined Pacific Nissan violated the Automobile Sales Finance Act by including optional items into the cash price of the vehicle on the purchase contract. The arbitrator awarded our client rescission and prejudgment interest.
Bassi v. Santa Fe Auto Group/Veros Credit
Rosner, Barry & Babbitt, LLP, prevailed at arbitration against Santa Fe Auto Group and Veros Credit. The arbitrator determined Santa Fe misrepresented the vehicle’s condition, overcharged Vehicle License Fees, and improperly disclosed a deferred down payment on the purchase contract. The arbitrator awarded our client rescission and incidental damages. Veros Credit, as the holder of client’s contract, was.. read more
Crowley v. Benz Boyz
California dealer sold the Vehicle to Client in Montana with significant cosmetic and mechanical problems and failed to deliver the tile for several months. Pursuant to a settlement agreement, Dealer repurchased the vehicle and refunded the cost to ship the vehicle back to California.
Kim v. Premium Finance
Client was told the vehicle had been inspected and was in good condition. The vehicle actually had several leaks, and needed new brakes and sensors. Premium Finance also advertised a 3 month warranty and then failed to provide it at the time of sale.
Duarte v. Ontario Volkswagen
Rosner, Barry & Babbitt, LLP has settled a case which required Ontario Volkswagen to buyback the subject vehicle. Our clients were sold a vehicle that had 2,000 miles on the odometer but the engine came from a salvaged vehicle with over 112,000 miles on it. The replacement engine was discovered 36,000 miles later. Ontario Volkswagen also failed to.. read more
Seymour v. American Dream Auto Sales – Settled
Clients were not told the vehicle had accident and frame damage at the time of purchase. American Dream Auto Sales also overcharged license fees and failed to refund the overcharge.
Thorns v. Colmex Auto Sales – Settled
Client purchased a vehicle that had not passed smog. Colmex Auto Sales also failed to repair the items on the Due Bill.
New Suit Against John L. Sullivan Chevrolet and General Motors
Rosner, Barry & Babbitt filed a new case against John L. Sullivan Chevrolet and General Motors. In the lawsuit we allege John L. Sullivan Chevrolet improperly certified a wrecked vehicle, and lied about the accident when asked by our clients prior to sale. We also allege General Motors failed to provide any oversight and allowed John.. read more
Douglas v. John Johnsons Cars; Fuentes Auto Sales, Inc.; Navy Federal Credit Union
Rosner, Barry & Babbitt, LLP has successfully settled a claim involving two dealerships and a credit union that collectively sold client a vehicle and failed to provide the title. After purchase, the bank continued to demand monthly payments for the vehicle while knowing that title had not been provided and that Fuentes Auto Sales was.. read more
Dykes v. Imports Auto Outlet
Client was not told the vehicle was reported as a total loss even though the dealer had actual knowledge of the report. The settlement required the dealer to repurchase the vehicle, pay $11,750 in punitive damages, and the following injunction: Defendant Mutual Goal, Inc., dba Imports Auto Outlet, shall, for any vehicle which Mutual Goal,.. read more
Gonzalez v. Toyota Motor Sales U.S.A., Inc., dba Lexus
Settled claim involving a 2014 Lexus IS 250.
Nissan Pathfinder Transmission Problems
Nissan is preparing to accept one of our client’s vehicles. The Auto Fraud Legal Center recently filed a case in Riverside County Superior Court alleging that our client’s Nissan Pathfinder had a defective transmission. The transmission caused the vehicle to judder on acceleration, shudder on acceleration, and hesitate. After Nissan replaced the transaxle assembly, the.. read more