The Vachon Law Firm has filed a lawsuit against Power Nissan of South Bay, a Hawthorne, California car dealership, alleging that the dealership sold a used automobile to a consumer without disclosing fact that it was previously a rental, as well as falsifying the down payment amounts in the contract. The lawsuit was filed on March 4, 2014 in the Los Angeles County Superior Court, and is titled Calvelo v. Power Nissan Of South Bay. (Los Angeles County Superior Court Case No. YC069605).
Allegations Against Power Nissan of South Bay in Hawthorne, California
In the Calvelo v. Power Nissan Of South Bay lawsuit, the Plaintiff’s Complaint alleges that on February 8, 2013, he visited Power Nissan South Bay and was shown a used Nissan Armada. The Plaintiff goes on to claim that Power Nissan knew that the Nissan Armada had previously been registered as a rental vehicle, but failed to disclose this information to him. Plaintiff alleges that, because he was unaware that the vehicle’s rental history, he expressed an interest in purchasing the Nissan Armada.
The Plaintiff also claims that when the car dealer discovered he could not make an immediate down payment, Power Nissan of South Bay decided to trick a lender into financing the Nissan Armada’s purchase (because, without an immediate down payment, the Plaintiff would not have qualified for financing). It is alleged that Power Nissan of South Bay told the Plaintiff that he could buy the vehicle without making an immediate down payment if he agreed to pay $5,000 towards the down payment by March 8, 2013. The Plaintiff contends that he agreed to this arrangement.
The lawsuit’s Complaint goes on to claim that Power Nissan of South Bay prepared the retail installment sale contract for the Nissan Armada’s sale, but (contrary to the parties’ agreement) the contract stated that plaintiff was making an immediate down payment of $5,000, and not a deferred down payment in this amount. The lawsuit also alleges that the car dealer proceeded to find a lender, assigned the sale contract to the lender, and that the lender was not aware of the deferred down payment.
Based on these allegations, the Vachon Law Firm (on the Plaintiff’s behalf) asserted causes of action against Power Nissan of South Bay for common law fraud, violation of the Consumers Legal Remedies Act, violation of the Automobile Sales Finance Act, violation of the Credit Services Act of 1984, breach of the implied warranty merchantability, as well as unfair competition.
Click below to read the Complaint in the Calvelo v. Power Nissan Of South Bay lawsuit.
The Los Angeles Superior Court has not yet ruled on the case or determined whether or not the Complaint’s allegations are true. The has denied all of the Complaint’s allegations.
Vachon Law Firm Wants to Contact Other Power Nissan of South Bay 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 Power Nissan of South Bay that might have information relevant to this case. Please call the Vachon Law Firm at 855-4-LEMON-LAW (855-453-6665) if you have any information that is relevant to this case, or if you bought a car from Power Nissan of South Bay and made a deferred down payment.
You can also email us if you think you have any other relevant information about Power Nissan of South Bay.