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Jury awards $105K in car consignment lawsuit > Conroe Courier > News Archives > Houston Community Newspapers Online - News Around Town A Montgomery County jury in County Court-at-Law 2 awarded $105,000 in damages Thursday to a Washington state woman who sued a local car auction business for misleading her about the condition of a car she bought in 2006. During closing arguments Thursday, attorney Christopher Beck told jurors that Classic Car Consignment and Auction in Conroe, owned by Lyn Hawthorne, misled his client, Judy Fenton. When Fenton came to Texas to visit her cousin in March 2006, she went to the Conroe car dealership, fell in love with a Packard on sale and inquired about it, he said. The salesman, Stephen Craig Wood, told her the car “runs like a champ,” Beck said. Fenton returned home to Washington. Determined to buy the vehicle, she called a number Wood gave her and said she could offer $5,000 for the vehicle, which was accepted, Beck said. She was given an account number so she could wire the money, which she did. But when Fenton went to pick up the car, she couldn’t drive it off the lot, Beck told jurors. She asked for her money back because the car didn’t live up to what Wood and the advertisement said about its condition. |
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10-11-2009, 06:13 PM
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Let's try to focus here.
What is the misrepresentation BMW supposedly made here? They NEVER claimed the car was never in an accident or never had paint work. The CPO program does not claim that. So the fraud or misresentation isn't there. Probably half of all CPO cars have had paint work. They are never going to make representations that it has not. The original poster says the paint is excellent. So no misreps there. The "body gaps" are obviously fine. Again, he looked at the car before he bought it, and, after his own personal inspection, ACCEPTED the car. The gaps are still the same as they were when he accepted it. It's really pretty difficult to convince a court that someone "defrauded" you as to the exterior cosmetic condition of a car that you looked at before you bought. A seller doesn't make representations as to how well the body gaps are, since they are right there in front of your face. PLUS, even if they did, in order to prove fraud or misrepresentation, you have to prove "reasonable reliance" on the false statement. It is not reasonable to rely on any representation as to body gaps, when they are right there for you to see. That's like saying "They represented the car was white, but it was really black!" Doesn't work that way. Also, still waiting for the law that requires that BMW disclose their own internal CPO checklist. He bought a used lease return car that is in excellent cosmetic and mechanical condition. You would get creamed in court on this case. To see for yourself, try shopping it to some contingency lawyers. They'll laugh you out of their office. Last edited by McLovin; 10-11-2009 at 06:51 PM.. |
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10-11-2009, 06:30 PM
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Again, my point to the original poster is this: Don't be mislead by these guys into thinking you have some great legal case, and go into your talks with the dealership thinking that. If you did, you are playing with cards you don't hold. Play nice with them, see what they'll do for you. That's your best strategy.
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10-11-2009, 06:37 PM
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The CPO BMW that I bought last year was IN the paint booth when I saw it and cut the deal. It was a USED car! I thought that it was cool that they fixed the dings and road rash on a 15K mile car with a SIX YEAR warranty, two t years of free maintainance, 1.9% finanancing, first two payments made by BMW, for half of new-car retail. Oh, and a $500 owner loyalty check through BMWCCA. Not bad for a USED CAR.
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10-11-2009, 07:57 PM
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The issue I have has little to do with inspecting the car and accepting its condition prior to purchasing it. Do you think you can look at a car and tell immediately that a headlight and seams are a few millimeters off? This isn't some car with dripping paint and bondo hair. The BMW CPO program has a lot of implied appeal as to the condition of the car. This is a portion taken off their website
"They inspect the vehicle for safety, performance and wear. If something is not right, it is fixed. If it cannot be fixed, the car cannot become a Certified Pre-Owned BMW." I don't know, but I would think body panels and parts that cannot be correctly placed would fall under the "not fixed" part of this, no matter how shiny and new the paint is. This is the very issue I have. Don't go telling consumers how picky you are and what it takes to have a car certified and then sell a car that has 1/4 of its body parts repainted from an obvious accident and not disclose it. I thought they were a cut above the other used car dealers. We will see how they handle it. Last edited by 89911; 10-11-2009 at 08:06 PM.. |
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10-11-2009, 07:59 PM
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Quote:
Most states have their own version. Quote:
Be sure to scroll down to the one specifically citing a "certified used vehicle." Anything further and I would have to charge you (do your own research). |
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10-11-2009, 08:40 PM
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Thanks Eric, I really do appreciate your help. Here is the portion I think you speak of:
Prior Wrecked Vehicle Sold as a "Certified Used Vehicle" Prior to November 2006, a vehicle was involved in one or more collisions, requiring extensive repairs or replacement of various parts, which would be obvious to any experienced professional buyer. The vehicle was purchased by a dealership at an auction. It is believed that when deciding whether to purchase the vehicle at the auction, the dealership inspected it to determine whether to purchase it and how much to bid, and then after its purchase at the auction, put it through another 117 point inspection to determine whether it qualified as a Certified Used Vehicle. Because of this inspection, the dealership knew, or because of the obviousness of the damage and repairs should have known, that portions of the vehicle had been damaged and repaired. The dealership should have known the vehicle was in one or more collisions causing significant damage to the vehicle. The Defendant was aware of this when it sold the vehicle to the Plaintiffs as a Certified Used Vehicle. In March 2009, the matter was resolved by a cash payment with the agreement of all parties. The terms of the settlement are confidential. Seems to apply as far as I see it. I am not at the point of going this far, but it seems like I have something to go by. |
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10-12-2009, 04:09 AM
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Update.
I took the car in to a reputable repair shop. In fact, he is the main repair shop for this branch's other dealership that sells, Mercedes, Volvo's, and Jaguar that is in my area. After a brief inspection, He showed me what had happened. The front right side took a hit that bent the right front apron. He pointed out the kink in the metal that had not been completely straightened an had a bulge in it. The couldn't pull the kink out and went ahead with putting on the panels. It is no wonder nothing lined up correctly. He also pointed out that any car that has a part of its body damaged and it is not bolted on is "frame damage". I point this out because this is directly a reason for rejecting a CPO car. Along this, the entire front end has been replaced, from the bumper cover, headlights (both xenon adaptive units), kidney grills and other metal underlying substructures. I am surprised the airbags didn't go off. They are taking it in to BMW to "fix" these issues and that is when I am going to let them know that they are keeping the car. I don't want it. I have the repairs shop damage report in writing that is going in with the car. What sucks is I sold a perfectly good 540i as part of the deal and that car is gone. I got a decent price for it, but buying this car was the reason I sold it. Oh, yes, I also have 4 brand new wheels and snow tires delivered from the TireRack sitting in my garage. Somehow, I don't feel taking the car back is enough. Opinions? Last edited by 89911; 10-13-2009 at 09:55 AM.. |
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10-13-2009, 09:48 AM
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Write the dealership a letter, copy to BMW, lay out all the facts and make your case, state your demand they take the car back and refund your money, or replace the car with a CPO M5 in excellent condition subject to your examination. State your intention to otherwise take legal action against the dealership and BMW as well as seek assistance from local and state agencies.
Seems you are in a good position if the facts and CPO guidelines are as you say. You should have gotten photos of the frame damage. Do some research, call the consumer protection agencies in your state. FYI note the prior litigation against BMW for selling as "new" vehicles that had been substantially repainted, I imagine BMW has some sensitivity about this stuff now. Get ready to fight but I really think the dealer and/or BMW should cave. Or, listen to McLovin and beg the dealer for a complimentary wash 'n shine for your trouble.
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1989 3.2 Carrera coupe; 1988 Westy Vanagon, Zetec; 1986 E28 M30; 1994 W124; 2004 S211 What? Uh . . . “he” and “him”? Last edited by jyl; 10-13-2009 at 10:32 AM.. |
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10-13-2009, 10:30 AM
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Run smooth, run fast
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Location: South Carolina
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And now you have had them do a bunch of work on it "in order to satisfy you." I seriously doubt if they're gonna take it back at that point, and you would lose a lot of money going through legal channels trying to force them to do so... and, you are out your 540. They might give you a reasonable amount of money that would represent the difference between this car and an unwrecked CPO version of this car, but I kind of doubt it. But you should ask for that. They will have spent a good bit of money "making it right" and/or "making you happy" by the time you tell them you want out... that's why I don't know if they'll give you the full difference between CPO and non-CPO. But if the car is in alignment, and they'll sign papers saying they'll give you a good warranty to cover anything that comes up that is demonstrably because of the accident, why not take it... drive it... and enjoy it? IOW, don't let the perfect be the enemy of the fantastic. Know what I mean?
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- John "We had a band powerful enough to turn goat piss into gasoline." Last edited by Heel n Toe; 10-13-2009 at 11:02 AM.. |
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10-13-2009, 10:59 AM
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As far as the '72S comment goes...trust me on this...Owning a pristine never painted or wrecked one is highly over rated.
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"Now, to put a water-cooled engine in the rear and to have a radiator in the front, that's not very intelligent." -Ferry Porsche (PANO, Oct. '73) (I, Paul D. have loved this quote since 1973. It will remain as long as I post here.) Last edited by pwd72s; 10-13-2009 at 01:44 PM.. |
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10-13-2009, 11:42 AM
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10-13-2009, 12:06 PM
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It is entirely possible that the dealer bought the car at auction, did the CPO process, and missed it themselves. I'd lead with that theory, and give them an opportunity to make it right. Sounds like this might be the case, but it's sorta odd that no carfax was run by anyone....
If they don't, then I'd likely file an action for the value difference-might even be able to do that in small claims ct. As a Pa Atty, I'd think that you'd have about a 95% chance of success. The kink in the unibody is a misrepresentation, pure and simple. As an M5 owner (E39) I feel your pain... .
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10-13-2009, 12:26 PM
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Quote:
At first, it was a "beautiful" condition car, inspected and bought by a very experienced used car buyer, that had paint "as good as any." Which was then later inspected by a body shop, and only after a detailed professional inspection found to have some panels repainted, and a few gaps that aren't perfect. i.e., purely cosmetic issues that only a pro was able to see at close inspection. The stated grounds for complaining was that the car had some repaint work done on it and some gaps weren't perfect. Nothing else. That's not enough. A frame damaged car is an entirely different situation, even in a non-"CPO" transaction. That's a big no no in the industry. For example, if you buy a used car at one of the big wholesale auctions (like Manheim), frame damage is a required disclosure (one of the few required disclosures). |
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10-13-2009, 02:03 PM
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10-13-2009, 02:09 PM
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10-13-2009, 02:13 PM
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A bent subframe is not acceptable.
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10-13-2009, 02:18 PM
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Dude... I hear your concerns, but they are doing all this work on it under the pretense of making things right with the understanding that when all this work is done, you'll be a happy customer.
If you tell them, "I have decided not to keep it" after they jump through all the hoops you've asked them to, most likely, they're just gonna look at you and laugh and tell you, "Sorry, man... it's yours... you own it."
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10-13-2009, 02:29 PM
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Someone has repeatedly given very bad advice throughout this thread. Maybe he works for a BMW dealership?
Stuff happens to rental equipment I think it is very difficult for a buyer to later complain about defects that are visible on the outside of the vehicle. It was sitting there right in front of you when you bought it, and you accepted the vehicle as it was They are going to say the gaps are fine. They were close enough for the buyer, who inspected and accepted the car. If the buyer didn't like the gaps, he shouldn't have bought the car. it's silly to lead the buyer believe he has any legal remedy. He doesn't. He will get creamed in any court. Your best bet is to be very nice to your dealership and hope they accomodate you. Maybe they will. If you piss them off, and try to force anything on them, you are screwed. If you take a legal road, you will lose You would get creamed in court on this case
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1989 3.2 Carrera coupe; 1988 Westy Vanagon, Zetec; 1986 E28 M30; 1994 W124; 2004 S211 What? Uh . . . “he” and “him”? |
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10-13-2009, 02:29 PM
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Quote:
Even prior to the body shop findings, you said: Quote:
???  Quote:
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10-13-2009, 02:49 PM
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Carrera
1989 Porsche 911 Carrera 3.2
