California Requires Contracts Translated Into Foreign Languages
NewsMax.com Wires
Thursday, July 1, 2004
LOS ANGELES When Yang Ye visited Wondries Toyota in 2000,
he was looking forward to buying a car.
Although his English ability was limited, he knew the
salespeople at the Alhambra dealership would speak his native
Mandarin.
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Yang said he and a Mandarin-speaking saleswoman negotiated the
price of a 1997 Toyota Corolla and orally agreed to a 12 percent
loan. But the contract Yang ended up signing was written in
English, and instead of paying $11,000 for the car at a 12 percent
interest rate, he was charged more than $14,000 at nearly 17
percent.
Two years later, Ye and 11 other Chinese customers sued Wondries
for taking advantage of their limited English skills, and the case
was settled in April for an undisclosed amount.
The suit also spawned a new law that takes effect today
designed to protect immigrant consumers from being tricked into
signing agreements they don't understand.
The Consumer Protection for New Californians bill will require
certain businesses to have contracts available in four major Asian
languages, expanding a 28-year-old state law that protects people
who negotiate deals in Spanish.
"I hope the new law will be really beneficial to ... the
customers," said Zhengrong Li, one of the 12 plaintiffs in the
Wondries suit. "I think it will benefit the minority people in
California, especially the people from Asia."
The bill requires businesses that orally negotiate in Korean,
Vietnamese, Tagalog or Chinese to give their clients contracts
written in those languages. It affects businesses such as car
dealers, apartment owners, bankers and legal service providers.
The bill's sponsor, Assemblywoman Judy Chu, D-Monterey Park,
said these businesses were targeted because they often involved
complex deals and lots of money.
Although the law also applies to layaway contracts and certain
types of loan documents, it won't involve agreements for credit
cards, mortgages, cell phones, cable TV or gym memberships.
The bill is being well received among California's Asian
Americans.
"Those who take advantage of the people who don't speak
English, they get money out of their pocket without doing
[anything]," said Vietnamese immigrant Thuy Tran, 47, of Los
Angeles. "I think it's a good idea for those who cannot speak
English so they know what's going on."
California Motor Car Dealers Association opposed the
bill because it didn't think the four Asian groups were large
enough to justify the resulting expense to dealers, according to
spokesman Brian Maas.
"The cost of translating those contracts and any subsequent
agreements between the parties ... was substantial, and we felt it
wasn't going to be implemented effectively," Maas said.
Chu said that more than 12 million people in California spoke a
language besides English at home, according to census data, and
that 83 percent of this group spoke Chinese, Korean, Vietnamese,
Tagalog or Spanish.
She predicts similar laws will be passed in other states with
large immigrant populations.
Richard Romero, general manager of two car dealerships in the
San Gabriel Valley, supports the bill, saying it's part of doing
business in a multicultural area such as Los Angeles.
"Everyone should be able to have clear and concise information,
especially financial information," said Romero, who manages Toyota
of Glendora and Glendora Hyundai. "It provides them with a clear
understanding of what they're signing for in the language that's
easiest for them to understand."
Dan Faller, president of Apartment Owners Association of
Southern California, said the organization probably wouldn't have
translated lease agreements ready for its 12,000 members until next
year.
In the meantime, Faller said he was advising owners to require
prospective Asian tenants to bring interpreters with them when
leases are discussed. The new law does not require translated
contracts if the customer brings an interpreter.
But Faller said the real solution was for Chinese,
Koreans, Vietnamese and Filipinos to learn English. "If you rented
an apartment in China, would the agreement be in English?" he
asked.
© 2004 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.
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