Consumer law — Vehicle sales — Damages — Motor Vehicle Retail Sales Finance Act — Where finance company willfully violated MVRSFA by failing to ensure that contract or title for vehicle reflected that lien had been satisfied or released and to ensure that evidence of satisfaction was provided to buyers, buyers are entitled to judgment in amount of finance charge and to award of attorney’s fees and costs — Uniform Commercial Code — Sales — Warranty of title — Where auto dealer and finance company jointly and severally breached warranty of title by failing to deliver free and clear vehicle title to buyers, award of special damages equal to current fair market value of vehicle is appropriate — Prevailing buyers are entitled to award of attorney’s fees for breach of warranty of title under section 57.105(7) based on attorney’s fees provision contained in retail installment contract.
Legal Topics
Consumer law — Vehicle sales — Damages — Motor Vehicle Retail Sales Finance Act
Aug 09th, 2022 in by admin