Why did the court dismiss the plaintiff’s claim (under UCC Article 2A) that it was unconscionable...

Why did the court dismiss the plaintiff’s claim (under UCC Article 2A) that it was unconscionable of Ford to trick him into signing a lease when he thought he was signing a purchase contract? Would that section of Article 2A make breaking into his garage unconscionable?

What alternatives had Ford besides taking the car from the plaintiff’s locked garage?

If it was determined on remand that a breach of the peace had occurred, what happens to

Ford?

Expert Solution

Repo agents are required to repossess your car without breaching the peace. This means that agents aren’t allowed to use threats or physical force to repossess a car. The law states that repo agents mustn’t employ verbal intimidation or physical violence in the course of repossessing a vehicle. If they breach the peace, they’re violating the law. All they can do is got the court and get a repossesse order.

After your vehicle is repossessed, the creditor is required to furnish you with a repossession notice to alert you as to what happened to your car, and to let you know they intend to sell it. It’s illegal if they don’t give you adequate notice before disposing of the vehicle.

He can raise that as a defense if the creditor files a deficiency lawsuit against you. You may also be able to file a counterclaim for any damages that the bank or repo agent of Ford causes (including damage to your garage and locks).

Rahul Sunny answered 2 years ago

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