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Consumer Law Keyed to Pridgen, 5th Ed.
Spearman v. Tom Wood Pontiac-GMC, Inc.
Citation:
312 F.3d 848 (2002)Facts
In July 1999, Mary Spearman visited Tom Wood Pontiac-GMC dealership to purchase an automobile. Within days of August 26, 1999, she executed a Retail Installment Contract and Security Agreement for a 1997 Chrysler Sebring. The Contract contained a section with all required Truth in Lending Disclosures. The salesman presented the Contract in quadruplicate form, sealed across the top with perforations, with pages unlabeled as to intended recipients. Before Spearman signed, she reviewed the four-part form but was unaware one copy was intended for her to keep and testified she would have been uncomfortable tearing out a page herself. After she signed the Contract, the salesman immediately tore along the perforation, removed her copy, and handed it to her. The salesman had mentioned he would try to obtain better financing rates, but never did, and Spearman conceded she had no intention of shopping around for better rates herself.
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