HB1687 will be heard by the Senate Transportation Committee Thursday afternoon. Consumer protection activists need your help in defeating this bill.
On the surface, the bill appears benign. Here is the changed text:
If a dealer exercises his statutory or contractual rights to cancel a purchaser’s contract to buy a vehicle before [ title to the vehicle has been issued application for title to the vehicle has been submitted to the Department ] in the name of the purchaser, the dealer shall have the right to immediate possession of the vehicle without claim of possession by the purchaser and without regard to the provisions of Title 8.9A.
Very simply, the change would make it easier for the seller of the vehicle to take possession of said vehicle. Where’s the problem? Well, what about returning the trade in and the downpayment of the purchaser? Shouldn’t those things occur at the same time? This bill doesn’t take that into consideration.
Another concern of consumer protection activists is that it will open the door for the filing of criminal charges – as opposed to civil charges – against buyers who don’t, for whatever reason, turn over the vehicles immediately.This is despite the fact that Article 9 of the Uniform Commercial Code says that these are civil cases.
Taking advantage of folks – particularly in these tough economic times – is not something that our government should be a party to. Help defeat this bill. Contact the members of the Senate Transportation Committee and let them know of your opposition.
UPDATE: Mark has got more on this, including information on the money behind the votes. (It’s always about the money, isn’t it?)
UPDATE2: MB has a bit about this as well.