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Pantoja-Cahue v. Ford Motor Credit Co.
Citation:
872 N.E.2d 1039 (2007)Facts
In August 2000, plaintiff Mario Pantoja-Cahue, a native Spanish speaker, purchased a 2000 Ford Explorer from Webb Ford dealership. He negotiated the transaction with a Spanish-speaking salesperson but signed a contract written in English, believing it to be a purchase and financing agreement with monthly payments to Ford Motor Credit Company. Years later, plaintiff discovered the contract was actually a lease, not a purchase agreement. In August 2003, plaintiff filed suit against Ford and Webb alleging fraud. Ford subsequently brought a replevin action claiming plaintiff was in default. During the late night/early morning hours of March 11-12, 2004, while litigation was pending, repossession agents entered plaintiff’s locked garage and removed the vehicle. The trial court eventually dismissed plaintiff’s fraud claims against Ford and entered a settlement with Webb Ford, which repurchased the car and returned it to plaintiff.
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