Prolific California lemon law lawyer Michael R. Vachon, Esq. files lawsuit against BMW of San Diego alleging that the luxury car dealer falsifies down payment amounts in automobile purchase contracts.
BMW of San Diego has been sued by a San Diego County consumer alleging that the high-end car dealership has a practice of falsifying down payment amounts in automobile purchase contracts. The lawsuit was filed by prominent Southern California consumer law lawyer Michael R. Vachon, Esq. in the San Diego County Superior Court on April 5, 2013 (Castaneda v. GMG Motors, Inc., et al, Case No. 37-2013-00042773).
ALLEGATIONS IN THE LAWSUIT
The Plaintiff, Ms. Sarah Castaneda, alleges in her complaint that she went to BMW of San Diego in early 2011 looking for a used car. She further alleges that while she was at the dealership its salespeople showed her a used BMW 325i that she liked and eventually decided to purchase. According to the complaint, Ms. Castaneda was not able to immediately make a down payment towards the vehicle, and as a result BMW of San Diego realized that she would not qualify for financing. For this reason, the Plaintiff contends, BMW of San Diego falsified the down payment amounts in her purchase contract so that the dealership could obtain her signature on a contract that would end up being financed by one of the dealer's usual lenders. According to the complaint, the alleged fabrication of the down payment amounts violates California's automobile financing laws and entitles Ms. Castaneda to rescind the contract.
BMW of San Diego has denied all of the Plaintiff's allegations, and asserts that it did nothing wrong or illegal. The San Diego County Superior Court has not ruled on whether Ms. Castaneda's allegations are true.
Ms. Castaneda's attorney, Michael R. Vachon, Esq., has a history of aggressively suing California car dealers and automobile manufacturers in California lemon law and fraud lawsuits. According to Vachon "falsifying down payment amounts in order to get consumers financed is a relatively common form of predatory lending." Vachon states that "this practice amounts to predatory lending because its effect is to get people qualified for loans for which they otherwise would not qualify - and in many cases cannot afford."
Click here to read more about the Castaneda v. BMW of San Diego lawsuit on the website of California lemon law attorney Michael R. Vachon, Esq.
ATTORNEY ATTEMPTING TO CONTACT OTHER DEALERSHIP CUSTOMERS
Vachon announced that his law firm is looking for other recent BMW of San Diego customers in order to investigate and gather evidence relevant to the Castaneda v. BMW of San Diego lawsuit. He is asking former customers who had difficulty obtaining financing or who deferred a portion of their down payment to contact his law firm at 1-855-4-LEMON-LAW, or via email through his law firm's website.