The Vachon Law Firm hereby announces the filing of a lawsuit against the dealership Lake Buick Pontiac GMC in Lake Elsinore, California. The lawsuit’s Complaint alleges that Lake Buick Pontiac GMC illegally misrepresents to consumers that its purchase contracts are still valid even after the dealership has elected to cancel such contracts. The lawsuit is titled Hernandez v. Lake Buick Pontiac GMC, Inc., et al., and was filed on October 15, 2013 in the Riverside County Superior Court (Case No. MCC 1301520).
Lawsuit’s Allegations Against Lake Buick Pontiac GMC
The Plaintiff in the Hernandez v. Lake Buick Pontiac GMC lawsuit is Lydia Hernandez, a Huntington Beach, California consumer who visited Lake Buick Pontiac GMC at its Lake Elsinore dealership lot in September 2013. According to the lawsuit’s Complaint, Ms. Hernandez looked at and agreed to purchase a used 2012 Ford Fusion. The Complaint goes on to allege that Lake Buick Pontiac GMC had Ms. Hernandez sign a purchase contract for the Ford Fusion that “allows Lake Buick Pontiac GMC to cancel the agreement in its entirety if it is unable to assign the Contract to a suitable lender (the “Cancellation Provision”). However, in order to avail itself of its right to cancel the contract, the Cancellation Provision requires that Lake Buick Pontiac GMC provide notice of the cancellation within ten days of the date that the parties signed the agreement.”
The Plaintiff further alleges that in mid-September 2013 she received a “Notice of Election to Cancel” in the mail from Lake Buick Pontiac GMC, which notified her that the dealership had availed itself of the Cancellation Provision in her purchase contract and had canceled the deal. However, according to the Complaint, when Ms. Hernandez attempted to return the Ford Fusion and obtain a refund of the down payment that she made “Lake Buick Pontiac GMC misrepresented to her that the Notice of Election to Cancel had no legal effect and that it was just a formality that Lake Buick Pontiac GMC is required to send out on the 10th day in all of its transactions. Lake Buick Pontiac GMC also misrepresented that Plaintiff’s contract was still valid.”
The Complaint alleges that Ms. Hernandez’s experience with the dealership is not an isolated incident, and that Lake Buick Pontiac GMC has an illegal business practice of orally tells consumers that its Notices of Election to Cancel have no legal effect in order to evade the 10-day cancellation deadline. More specifically, the Complaint alleges that “if the dealership finds financing after the 10th day it asserts that the contract is valid, and if it is unable to find financing then it later claims that the agreement was canceled on the 10th day knowing that the purchasers have no written proof of Lake Buick Pontiac GMC’s statements to the contrary.”
Based on these allegations, the Complaint contains causes of action for conversion, violation of the Consumers Legal Remedies Act, Unfair Competition, and Declaratory Relief.
Click here to read a copy of the Complaint against Lake Buick Pontiac GMC.
Please note: Lake Buick Pontiac GMC has denied all liability and wrongdoing in this lawsuit, and the Riverside County Superior Court has not yet made a ruling on whether the Complaint’s allegations are true.
Lemon Law Attorney Representing Ms. Hernandez Implores Other Lake Buick Pontiac GMC to Contact Him If They Have Relevant Information
Michael R. Vachon, Esq., the California lemon law and car dealer fraud attorney who is representing the Plaintiff in the Hernandez v. Lake Buick Pontiac GMC, Inc. lawsuit, requests that all other Lake Buick Pontiac GMC customers who have had similar experiences call him at 1-855-4-LEMON-LAW (1-855-453-6665). It is tremendously important that other dealership customers come forward to discuss their experiences with the Lake Elsinore, California car dealership. If you purchased an automobile from Lake Buick Pontiac GMC and later received a Notice of Election to Cancel, or if you know someone who this happened to then please call us immediately.