Automobile Fraud: 4.4.2 Is the Sale an Illegal Condition Precedent or an Illegal Condition Subsequent Yo-Yo Transaction?
In challenging a yo-yo sale, it is imperative to allege all possible law violations, without assuming whether the contract involves a condition precedent or a condition subsequent. To allege that the dealer’s conduct in a condition precedent transaction violates certain laws invites the dealer to argue that the transaction is, in fact, a condition subsequent one, in which such conduct is allowed.112 Instead, the consumer should make allegations in the alternative.