Drafting Consumer Agreements to Reduce Dealers’ Exposure to Fraud, Lemon Law, Warranty, and Class Action Claims

Even the strongest dealership operations can be undermined by outdated or poorly drafted paperwork. In a world of aggressive consumer-fraud enforcement, lemon-law claims, and class-action litigation, the forms your customers sign are often Exhibit A for both plaintiffs and regulators.

The Automotive Dealer Law Practice Group at DiTommaso Lubin, P.C. helps auto, RV, motorcycle, boat, and airplane dealers design and maintain consumer-facing documents that are clear, compliant, and litigation-tested. Our goal is not to “hide the ball,” but to align your forms with the law so you can reduce risk while providing customers with accurate disclosures and a fair transaction process.

Aligning Your Forms With Real-World Litigation

Because our lawyers both prosecute and defend consumer-fraud, lemon-law, and warranty claims—including major class actions—we have seen which contract provisions are frequently attacked in court and which drafting choices can make or break a case.

We apply that experience when reviewing and drafting sales and lease agreements; retail installment sales contracts and financing documents; buyer’s orders and “spot delivery” or “yo-yo” financing forms; service-contract and extended-warranty documents; “as-is” disclosures and warranty disclaimers; arbitration provisions and class-action waivers where permitted by law; add-on product disclosures and acknowledgments; and electronic signature and e-commerce documents.

Designing Agreements That Can Withstand Scrutiny

Our work typically includes ensuring required disclosures under the Illinois Consumer Fraud Act, UCC, Magnuson-Moss Warranty Act, and other statutes appear clearly and consistently; checking that key terms—conditioning, damage disclosures, financing contingencies, and return policies—are accurately and plainly described; addressing how your documents handle dispute-resolution mechanisms, fee-shifting provisions, and limitation-of-liability clauses; and coordinating contract language with your actual sales and F&I practices, staff scripts, and training materials.

Reducing Class Action and Regulatory Risk

Standardized forms are often the focus of class-action lawsuits and Attorney General investigations because they apply across many transactions. Our class-action defense and consumer-fraud practice gives us insight into common patterns that have led to large class actions in the past, document practices that tend to draw attention from enforcement agencies, and practical changes that can significantly reduce risk without disrupting your sales process.

We work with your management, compliance personnel, and outside vendors to implement changes that make sense for your dealership, and we offer ongoing review and update services so that your forms, policies, and customer communications remain current as the law evolves.

Talk With Our Automotive Dealer Contract-Drafting Team

If you want to update your sales, lease, financing, or warranty documents—or if recent claims or investigations have highlighted weaknesses in your current forms—speak with attorney Peter S. Lubin or attorney James V. DiTommaso about how we can help.

Call 630-333-0333 or reach us via our online contact form to arrange a free consultation with our Automotive Dealer Law Practice Group.

This page is for informational purposes only and does not constitute legal advice. Contacting us does not create an attorney–client relationship. Past results do not guarantee a similar outcome.