Picache v. Smythe European

Julie Picache has filed a lawsuit against Smythe European Mercedes Benz in San Jose. Ms. Picache purchased 2007
Mercedes-Benz R350 on December 11, 2011, by entering into the standard contact used by car dealerships. Under the terms of this contract, Smythe had ten days in which to notify Ms. Picache if it was unable to get financing for the contract. If Smythe did not notify her within that 10 day period, then the contract was binding on Smythe, and it was required to accept payments from Ms. Picache. Ms. Picache alleges in her lawsuit that Smythe did not notify her within 10 days of the contract that it was unable to get financing. Thus, Smythe was unable to cancel the contract.

Ms. Picache tried to go forward with the contract — even sending her first monthly payment to Smythe. But, Smythe refused to honor the contract. It sent a repossession company to Ms. Picache’s home who tried to back the car out of her garage while her two young children were in the back seat. Only after the police were called and Ms. Picache’s husband prevented the repossession agent from backing the car out of the garage was Ms. Picache able to get her children out of the car. Unfortunately, she was not able to prevent the car from being taken.

Greg Babbitt is handling the case for Auto Fraud Legal Center . If you have experienced a similar situation with Smythe European or any other dealership, please contact him at 858-348-1005 x104.