Nichols v. Century West
Annotate this CaseAfter owning a car that she purchased from Century West for eleven months, plaintiff filed suit against Century West and BMW Financial Services, which financed the vehicle, seeking to unwind the contract. The trial court found in favor of defendants. On appeal, plaintiff argued that because Century West entered her three-check down payment on the line of the sales contract describing it as a down payment, rather than on the line describing it as a “deferred” down payment, she has the right to rescind the contract under the Rees-Levering Motor Vehicle Sales and Finance Act, Civil Code, 2981, et seq. The court concluded that plaintiff failed to demonstrate that the Act authorizes her to rescind the contract. In this case, neither the language of the Act nor the cases plaintiff cites compel a finding that a car dealer’s informal agreement to wait to deposit a check tendered the day of the purchase - as opposed to scheduling a payment to be made at a later date - constitutes a “deferred” down payment. Accordingly, the court affirmed the judgment.
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