Pub. 7 2017 Issue 3
10 AUTOMOBILE DEALER NEWS ILLINOIS www.illinoisdealers.com Dealers should proceed on the side of caution and provide the requisite Illinois form disclosures when negotiating a vehicle sale in a non-English language, even though the customer understands English. There have been judicial challenges raising these considerations in other states and the Illinois law is clear that the requirements apply when the retail transaction or negotiations related to the retail transaction resulting in a written sale contract are conducted in a language other than English. Any compliance questions regarding a dealer’s obligations in transactions or negotiations conducted in any language other than English, including without limitation, proper disclosures and contractual forms, should be directed to the dealership’s legal counsel. Dealers should also be certain to ensure their forms from various third party providers with whom they do business (e.g., lenders, software vendors, document suppliers) are compliant. Julie A. Cardosi is Principal of the private firm, LawOffice of Julie A. Cardosi, P.C., of Springfield, Illinois. She has practiced law for over 30 years, and represents the business interests of franchisedmotor vehicle dealers throughout Illinois. Formerly the first in-house staff legal counsel for the Illinois Automobile Dealers Association, she concentrates her practice in the areas of dealership compliance matters, transfers of ownership, mergers and acquisitions, franchise law, commercial real estate transfers, and other areas impacting day-to-day dealership operations. She has also served as former Illinois Assistant Attorney General and Deputy Chief of the Consumer Fraud Bureau of the Attorney General’s Office. The material discussed in this article is for general information only and is not intended as legal advice and should not be acted upon as such. Dealers should consult their own private legal counsel for application to their specific circumstances. For more information, Julie can be reached at jcardosi@autocounsel.com , or at 217-787-9782, ext. 1. ReminderTRAX™ Capture more service business with personalized mailings. Bring customers back for recommended services. ZURICH INSURANCE. FOR THOSE WHO TRULY LOVE THEIR BUSINESS. PUT ZURICH’S 95 YEARS OF EXPERIENCE WITH THE AUTOMOTIVE INDUSTRY TO WORK FOR YOUR DEALERSHIP. Universal Underwriters Service Corporation (UUSC), an individual member company of Zurich in North America, is the issuing provider and administrator of Zurich’s vehicle service contracts in all states except Florida. In California and New York, UUSC operates under its DBA, UUSC Service Company (CA License #0C17302). In Florida, the issuing provider and administrator is Vehicle Dealer Solutions (FL License #60132). Insurance coverages underwritten by individual member companies of Zurich in North America, including Zurich American Insurance Company. © 2017 Zurich American Insurance Company Individualized. Intuitive. Innovative. Our reputation is built on taking a full service approach to doing business. We offer years of experience and a combination of business insurance coverages and F&I products and services designed to help meet the unique needs of your dealership. Call 1-800-840-8842, ext. 7449 zurichna.com/ automotive n Non-English Language Transactions — Legal And Contractual Requirements — continued from page 9
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