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Airbag Safety Issues Raise Liability Concerns for Dealer
The following article addresses the dealer question, "Am I obligated to replace defective or deployed airbags on a used car before selling the car, and do I have any liability if an airbag on a used car I sell fails to properly deploy in an accident?"
Using Arbitration To Resolve Disputes
Most of us think of labor disputes and baseball player contracts when we hear the word "arbitration." But more and more, businesses are turning to arbitration as an alternative to the cost, time consumption, and, in some cases, risk, of litigation. Liability for Repossessions-Gone-Bad Placed on Lien Holders by Court
Little did Yvonne Sanchez suspect, as she was mowing her lawn on a hot July day in 1986, that her name would one day be known around the country as an important part of the law of self-help repossession. But as more and more states address the issue of potential lender liability for creditors, the case of Sanchez v. MBank El Paso serves as the leading decision by a state supreme court. Since the case was decided by the Texas Supreme Court, several other states have adopted the rule that a creditor could be held liable for the damages created by an independent repossession agent hired by the creditor. Dunagan Article Cited in Supreme Court Opinion An article written by TIADA General Counsel Michael W. Dunagan has been cited in a U.S. Supreme Court opinion concerning the interest rate to be used in calculating payments to car creditors in Chapter 13 bankruptcies. Justice Antonin Scalia, in a dissenting opinion, referred to the article in support of using the contract finance rate as the rate to use in a bankruptcy. He was joined by Chief Justice William Rehnquist, Justice Sandra Day O'Conner, and Justice Anthony Kennedy in his dissent . . .
Rather Case Victory Shows Value of Dealer Unity Dealer Gary Sayre was one of many Dallas-area dealers who were paid visits by a private process server in March of 2002. Sixty-one dealers were named as defendants in the initial class action suit filed by a group of plaintiff's attorneys who had targeted Texas buy-here-pay-here dealers. Despite every effort that he and his fellow dealers had made to comply with the admittedly complex federal and state laws and regulations, Sayre was accused of misleading and defrauding his customers by charging interest on deferred sales tax and by generally over-charging on his contracts . . .
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