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NEWS TO KNOW: Song Beverly Act Ruling On October 31, 2024, the California Supreme Court published its long-awaited opinion in?Rodriguez v. FAC US, LLC. The Ruling: Is a used vehicle that is still covered by the manufacturer’s express warranty a “new motor vehicle” within the meaning of Civil Code section 1793.22(e)(2), which defines “new motor vehicle” as including a “motor vehicle sold with a manufacturer’s new car warranty”? In a victory for vehicle manufacturers, the Court answered this question “no,” albeit with a caveat. What Now: Unless a used car is sold with a new car warranty, it will not qualify for the refund-or-replace remedy provided by the Song Beverly Act, even if the original manufacturer’s new car warranty has not yet expired at the time of sale. It should be emphasized that the facts in this case differ from the purchase of a demonstrator or Certified Pre-Owned vehicle, which is still entitled to have the protections of California’s lemon law if the vehicle satisfies the criteria for being a “lemon.” #AheadoftheCurve #Autodealerships #VehicleManufacturing #LegalNews

The Motor Ombudsman, the Ombudsman dedicated to the automotive sector, is marking two decades since it was announced that the Motor Industry Code of Practice for New Cars received full ‘Stage Two’ approval from the former Office of Fair Trading (OFT). Superseding the Motor Industry Code of Practice, unveiled in 1976, the New Car Code was the first Code of Practice from any industry to achieve this prestigious status. Being given the green light in September 2004 meant that the Code was deemed to be effective in promoting and safeguarding the interests of motorists, and provided added protection to consumers when buying a new car. Read the full article here ???? #AutomotiveAftermarket #AutomotiveNews #AftermarketNews #MotorOmbudsman #NewCarCode

Can a purchase agreement be rescinded if an electric car does not achieve the range stated by the seller? That question is central to a case that was submitted to the Supreme Court in cassation. The court of appeals answered this question in the affirmative. The Supreme Court upheld that opinion. The case involved the purchase of an electric car (a Jaguar I-PACE) by a business party. The seller specified a range 'up to 480 kilometers' based on the so-called WLTP standard (Worldwide harmonized Light vehicles Test Procedure). The buyer invoked rescission of the purchase contract because after the purchase, it turned out that the car's range was only about 300 kilometers. The district court rejected the buyer's claim; the court of appeals granted it. The court of appeals' reasoning included that based on the seller's statements regarding the range of the Jaguar I-PACE, the buyer could reasonably expect that under usual circumstances (normal driving, including winter driving, especially highway driving) the car would have a significantly higher range than the approximately 300 kilometers actually achieved. Since this range achieved under normal circumstances is more than 35% less than the range of 480 kilometers stated by the seller, the car did not comply with the purchase agreement concluded between buyer and seller, according to the court of appeals. #attorneys #thefirm #consumerlaw #caselaw Source: https://lnkd.in/ePB9seiF (ECLI:NL:HR:2024:980) Photo: Darin Crouch

Dieselgate rumbles on in the courts and could yet cost car makers billions if claims are sustained, although it looks like cases could yet take years to resolve. https://ow.ly/zBZN50SkIJH #Startlinemotorfinance #motorfinance #dealers #dealership #autoretail #motorindustry

The following is the System of Operation in the monthly staggered registration of motor vehicles pursuant to Administrative Order No. 84A0-003: The Last Digit of the plate number determines the monthly schedule of registration.

CEO, Maureen Harquail, recently discussed potential changes to Ontario’s Motor Vehicle Dealers Act in an interview with the Canadian Auto Dealer. The proposed amendments aim to enhance regulatory efficiency and bolster consumer protection in car transactions. While the changes aim to benefit both consumers and dealers, feedback is crucial. Have your say before the May 21 deadline to shape the future of car buying in Ontario! Read the full article for insights and details on the proposed amendments: https://lnkd.in/eiAQqDCF

For auto dealers, understanding state regulators is crucial. Here are a couple state regulatory bodies that you should be familiar with: 1. Department of Revenue: Manages tax revenue and DMV operations. 2. Auto Industry Division: Ensures compliance and enforces laws in the Motor Vehicle and Powersports industries. 3. Motor Vehicle Dealer Board: Handles licensing, exams, inspections, and complaint resolutions. Stay compliant and keep your dealership on the right track! #DealerCompliance #StateRegulations #AutoDealers #BusinessSuccess

Attorneys Thomas "Tom" Vangel, James Radke and Lindsey McComber co-authored an article titled, “New Advanced Clean Truck Rules Will Impact Mass. Dealers,” for the October issue of Massachusetts Auto Dealer, the official publication of the Massachusetts State Auto Dealers Association. In recent months, auto dealers and officials across various industries in Massachusetts have expressed concern over the looming deadline for the implementation of the Advanced Clean Truck (ACT) and the Heavy-Duty Omnibus (HDO) rules which are scheduled to go in effect in Massachusetts on January 1, 2025. These rules require that manufacturers sell an increasing number of zero emission medium- and heavy-duty vehicles greater than 8,500 pounds GVWR, from 2024 to 2035. The implementation of these rules as scheduled will have a major impact on Massachusetts automobile dealers as well as unintended consequences for the transportation sector as a whole. Read more: https://lnkd.in/e6ZWc3GB #MurthaCullina #BostonLawFirm #MassachusettsAutoDealers

A New Car Smell and New Car Warranty do not a New Car make. The California Supreme Court just held that the state Lemon Law, which contains a refund-or-replace requirement for repeatedly troubled cars does not apply to used cars that are still covered under their original manufacturer warranty. Why? Expressio unius est exclusio alterius. Because the Lemon Law calls out a few specific types of non-new cars to be covered by the Lemon Law (e.g., dealer demonstrator models), this means the legislature clearly intended to only cover those limited types of used cars. And now you can understand why lawyers always add the phrase "including, but not limited to," whenever we cite examples in a contract.