On April 11, 2014 the Vachon Law Firm sued Hardin Hyundai Inc. – an Anaheim California car dealership, alleging that the dealer fraudulently and unfairly attempted to trick a consumer into paying for a vehicle she had no legal obligation to pay for. The lawsuit has been filed with the Orange County Superior Court and is titled Cardenas v. Hardin Hyundai Inc. (Orange County Superior Court Case No. 30-2014-00716230-CU-CT-CJC).
Allegations Against Hardin Hyundai
In the Cardenas v. Hardin Hyundai Inc. lawsuit, the Plaintiff alleges that on January 6, 2014 she visited Hardin Hyundai where she test drove a used 2013 Hyundai Accent, which she purchased that very day.
The Plaintiff alleges further that the sale contract required a total payment of $28,461.68 during the contract term. The Plaintiff claims she made a down payment of $2,500 to the dealer, of which $2,000 was a manufacturer’s rebate, and $500 was cash. However, in mid-January 2014 the Plaintiff asserts that she received a Notice of Election to Cancel in the mail from Hardin Hyundai, which stated that the contract was canceled and that the Plaintiff was required to immediately return the vehicle to the dealer.
The Plaintiff claims she immediately returned the Hyundai Accent to Hardin Hyundai and requested a refund of her down payment, but that the dealer refused to give her a refund, claiming that the Notice of Election to Cancel had no legal effect. The Plaintiff also asserts that the dealer misrepresented that her contract was still valid.
The complaint alleges the contract contained a clause that allowed Hardin Hyundai to cancel the agreement within 10 days after its signing if the dealer is unable to find a lender to finance the sale. It further alleges, that this cancellation agreement also stated that if the dealer decides to cancel the contract, a full refund of the down payment must be returned to the buyer.
It is asserted by the Plaintiff that after the Defendant sent out the cancellation notice, the dealer assigned the contract to a lender, misrepresented to the lender that the contract was, in fact, valid, and accepted consideration for that sale.
Based on these allegations, on the Plaintiff’s behalf, the Vachon Law Firm asserts causes of action against Hardin Hyundai Inc. for illegal, unfair, and fraudulent business acts and practices under the Unfair Competition Law, as well as its misrepresentations regarding the legal effect of its Notices of Election to Cancel, and its purchase contracts which amount to violation of the Consumers Legal Remedies Act.
Click below to read the Complaint of the Cardenas v. Hardin Hyundai Inc. lawsuit.
The Orange County Superior Court has not yet ruled on the case or determined whether or not the Complaint’s allegations are true, and Hardin Hyundai has denied all of the Complaint’s allegations.
Vachon Law Firm Wants To Contact Other Hardin Hyundai Inc. Customers
The Vachon Law Firm (which specializes in lemon law and accident-damaged used car lawsuits) is representing the Plaintiff in this lawsuit and is currently looking for any former customers or employees of Hardin Hyundai Inc. that might have information relevant to this case. Please call the Vachon Law Firm at 855-4-LEMON-LAW (855-453-6665) if you think you have any material information that could help the Court reach the truth of what happened.
You can also email us if you think you have any other important information about Hardin Hyundai Inc.