When it comes to forms there are a few things you’ll want to get right from the beginning. You might be thinking to yourself, it’s a form. You fill it out. How hard can it be? The answer might surprise you!
Making sure a form is filled out correctly doesn’t sound like rocket science, but small (and very important) details can easily be overlooked. Make sure you have the correct spelling of names and dates as well as consistent signatures and initials. Pay special attention to the names on the documents and verify they match the names listed on the identification, like if a person signs with their maiden name but their ID still has their married name. Being diligent with this on the front end can save you a headache down the road. Also, make it a habit to go back and double check your paperwork before any deal is finalized because you don’t want to be in a position where you are filling out information that was supposed to be addressed by your customer. Another important measure to take, and one you probably never thought too much about, is making sure your papers and forms are properly aligned. If your numbers or check marks are not aligned properly on your documents, you may find out that what you “thought you disclosed” is not considered to be disclosed. In 2017, a dealer was successfully sued for failing to disclose the fee of $60.00 for vendors single interest insurance (VSI) on the retail installment sale contract. The dealer did in fact place “XX” near the box, but it did not align properly. After the dealer lost the case and appealed the decision, an appellate court found that the dealer did not comply with the Truth in Lending Act (TILA) notice requirement because the VSI provision was not properly checked. The “XX” indicator in the vicinity of the box was not close enough for a jury to conclude that the box was checked. BE CERTAIN THAT ALL YOUR NUMBERS AND CHECKMARKS ARE PROPERLY ALIGNED ON ALL YOUR FORMS.
Franco v. A Better Way Wholesale Autos, Inc., 2017 U.S. App. LEXIS 8689 (2d Cir. (D. Conn.) May 18, 2017).