WEST VIRGINIA RECORD

CHARLESTON - A couple is suing the dealership from which they bought a used automobile, claiming their salesman lied about the vehicle's history.

Jim and Patricia Farren say they purchased a 2001 GMC Sonoma that had previously been in a wreck and was still not completely fixed in a lawsuit filed Sept. 15 in Kanawha Circuit Court.

The suit was names T.P. Chevrolet, Inc., as the defendant.

The Farrens say that dealership sold them the Sonoma for $16,995 in 2004 after they had asked if it had been in a wreck. They claim they were told it had not.

"At some time following the purchase of the vehicle, Plaintiffs noticed the vehicle was not operating properly," the complaint says.

So the Farrens took it to the dealership and were told there was nothing to be done, the complaint adds, and they were forced to take it to another mechanic.

That mechanic informed them that the Sonoma had been wrecked and required substantial repairs in order to be safe to drive, the Farrens say.

They charge the dealership with: Common law fraud and misrepresentation; unfair and deceptive acts or practices; breach of express warranties; breach of duty of good faith; unconscionability; negligence; a violation of the Magnuson-Moss Warranty Act; breach of implied warranty of merchantability; and breach of implied warranty of fitness.

They seek the cancellation of their contract with T.P. Chevrolet, as well as an injunction ordering it to stop similar business practices and the creation of a training program for its employees.

They also seek additional damages for emotional and mental distress, loss of use, aggravation, anxiety and annoyance and inconvenience, plus punitive damages.

The Farrens also wish for the dealership to be found in violation of the West Virginia Consumer and Credit Protection Act and the Uniform Commercial Code and to be awarded statutory penalties or actual damages, pursuant to the Odometer Act.

Michael Glasser of Meyer and Ford in Charleston is representing the plaintiffs.

Judge Charlie King has been assigned the case.

Kanawha Circuit Court case number 06-C-1922