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§3.07 Vehicle Sales—Correction of Violations

 
Lesson 3:
Vehicle Repairs, Sales, & Leases

The seller may correct nonwillful violations of the Rees-Levering Sales Act at any time before the buyer initiates a suit. Willful violations that appear on the contract’s face may also be corrected within 30 days of the contract’s execution or within 20 days of its sale, assignment, or pledge, whichever is later. If notified by the buyer of a violation, the seller must correct it within 10 days of the notice. The buyer must concur in writing with any correction that increases the amount of the contract balance or the amount of any installment. A violation that is properly corrected may not be the basis of any recovery by the buyer or affect the enforceability of the contract by the seller. [CC §2984.]

Estimating the vehicle license fees is permitted by statute; a slight overestimation is not a violation that entitles a buyer to remedies under the Act. Expiration of the “safe harbor” provision before reimbursement does not turn compliance into a violation. [Bermudez v Fulton Auto Depot, LLC (2009) 179 CA4th 1318, 1325–1326.]

 


 
 
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