Gonzalez v. Schmerler Ford
United States District Court for the Northern District of Illinois
397 F. Supp. 323 (1975)
- Written by Alex Ruskell, JD
Facts
Gonzalez (plaintiff) bought a car from Schmerler Ford (defendant). The agreement involved two documents. One executed on October 1 indicated that Gonzalez purchased the car for $2,255.00, $10 of which was paid on October 1, and with the remaining amount scheduled to be paid on October 3. The October 3 document reflected an installment sales contract detailing a cash down payment, a car trade-in, and full disclosure of the credit information required by the Truth in Lending Act. Gonzalez stated that the October 1 agreement was based upon the expectation that Schmerler could arrange financing, so on October 1, Gonzalez should have received the act’s necessary disclosures. As the transaction was structured, Gonzalez either had to pay the remaining cost of the car on October 3 or agree to receive credit from Schmerler. Because Gonzalez did not receive disclosures required by the act on October 1, Gonzalez sued Schmerler for violating the act.
Rule of Law
Issue
Holding and Reasoning (Marovitz, J.)
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