Court of Appeal (Cal.) Says Post-Dated Checks Given at Time of Sale and Informal Agreement to Deposit Them Upon Date of Check Are Not “Deferred Down-Payments” Under Rees-Levering and Do Not Violate the “Single Document Rule”
In Nichols v. Century West, LLC, 2016 WL 4368157, at *7–8 (Cal.App. 2 Dist., 2016), the Court of Appeal held that post-dated checks were not "deferred down-payments" under ASFA and did not violate the single document rule. None of these cases offers guidance on whether post-dated checks provided to a dealership at the time of a sale should be categorized as… Read More