July 1, 2006

Auto Dealer Loan Packing Banned by Car Buyers of Rights

Under the new Car Buyers Bill of Rights, dealers cannot misrepresent the cost of after-market items, such as service contracts, surface protection, debt cancellation insurance (GAP protection), and theft protection products. Some dealers in the past falsely told buyers theft protection cost only, say, $3/month, when really the cost was $35/month. The dealer hid the true cost in what the dealer said would be the monthly payment on the loan. This practice is known as loan packing. To guard against loan packing, dealers have to set out specifically the cost of each after market item in writing, such as theft protection.


July 1, 2006

Cars Dealers Loan Kickbacks Limited by California Car Buyers Bill of Rights Law

When a car dealer arranges a loan, the finance company often rebates some of the interest to the dealer. Finance companies do this to compete for the dealer’s business. For example, if the dealer placed a loan at 12%, the true finance company rate may be 9% with 3% refunded to the dealer from the finance company. The buyer was paying (a lot) for the dealer arranging the loan. Under the Car Buyers Bill of Rights that went into effective in July 2007, the interest refund is capped at 2.5% over the finance company’s rate for any loan of 60 months or less. For loans over 60 months the cap is 2%. This will save buyers some money. In the past, dealers have obtained kickbacks of as much as 6% over the finance company rate.

July 1, 2006

Dealers Must Disclose Buyers' Credit Scores in Arranging Loans

Under the California Car Buyers Bill of Rights, when a car dealer arranges financing and obtains the buyer’s credit score (from Trans Union, Experian or Equifax), the dealer must now disclose the score to the buyer along with the range of credit scores used by the credit reporting agency. That way, the buyer can determine if he or she is getting a good deal on the interest rate the dealer is offering. The disclosure will help consumers make good choices in obtaining car loans.

July 1, 2006

New California Law Protects Buyers of Certified Cars

A new California law prohibits car dealers from selling used cars as "certified" if they had been wrecked or in a flood unless properly repaired or the odometer was rolled back. Certified cars may not be sold "as is."Under the new law, cars damaged in a wreck or flood and not properly repaired cannot be sold as certified. If the repairs did not make the car safe or if the accident or flood damage, in spite of the repairs, substantially impaired the use of the vehicle, it cannot be sold as certified. Previously, wrecked and poorly repaired cars were sometimes sold as "certified."

July 1, 2006

Callifornia Used Car Buyers Get Two-Day Right of Return Option

Beginning with used car sales in July 2006, California used car buyers can pay a fee to obtain a two-day right to return the car for any reason. The fee varies from $75 to $400 depending on the price of the car. Buyers of older vehicles especially are advised to pay the fee for this protection. There are of course restrictions on the return.The buyer can return the vehicle for any reason. If the car breaks down, the buyer can still return it. However, the right to undo the deal has many restrictions, as you would imagine: a) the buyer can only put up to 250 miles on the vehicle before turning it in and b) the buyer has to pay a “restocking fee” (from $175 to $500) depending on the price of the vehicle. However, in turning in the vehicle, the buyer gets a credit for the fee paid for the two-day cancellation option. This means the net cost of returning the vehicle would be $100 to $200 depending on the purchase price of the vehicle.
Cars or trucks costing over $40,000 are not covered nor are RVs or motorcycles.
If the buyer had a trade-in vehicle, the dealer is obligated to give it back. One problem with the new law is that the dealer does not have to return the vehicle under the third day after the purchase of the car being returned. So the buyer cancels on day 2 and turns in the car and is then stuck without his or her trade-in until day 3. This means the buyer may have no transportation for a day.
If the dealer sold the trade-in in the two day period, the dealer must pay the buyer either the price the dealer agreed to pay for the trade-in or retail market value, whichever is higher.
Once a vehicle is turned back in, the dealer has to cancel any car loan it arranged.