Jackson Co. couple says dealer lied about car

By April Bamburg | Aug 18, 2014

RIPLEY -- A Jackson County couple says a local car dealership misrepresented the condition of a vehicle the couple purchased in October and lied about making repairs when the owners brought the vehicle in for service.

Kyler and Teresa Scarberry filed suit July 14 in Jackson Circuit Court against I-77 Auto Group and Wells Fargo Dealer Services Inc.

The plaintiffs say that soon after they purchased 2001 Chevrolet Corvette from the defendant dealership, the check engine light came on and it sounded like the exhaust was coming not from the back of the vehicle but from underneath, so they took it in for service.

Representatives of I-77 Auto told the couple the car needed a new catalytic converter and they would have to pay for the repair out of their own pockets because it was too expensive for the dealership to cover. The dealership later relented and agreed to pay for the repair, the suit states.

When it was done, Kyler and Teresa Scarberry found the check engine, reduce speed and shocks inoperable lights flashed on the dashboard. They took the vehicle to an outside mechanic who told them the catalytic converter appeared to be original to the vehicle and had not been replaced.

When the Scarberrys took the vehicle to another dealership to inquire about a trade-in, they were informed the vehicle had been substantially damaged at one point, which impaired its value. The couple asserts that I-77 knew the vehicle had previously been wrecked and failed to disclose that information, the filing states.

The Scarberrys say they would not have purchased the vehicle if they had known of its true condition.

According to the complaint, the dealership sold the couple a vehicle that was not as warrantied and refused to cancel the sale when asked. The defendants also charged an exorbitant amount of money for the vehicle in its condition and engaged in unfair, deceptive practices, the complaint says.

I-77 Auto Group is the dealership that sold the vehicle, and Wells Fargo financed the purchase.

The plaintiffs ask that the sales contract be cancelled, that the court enter a judgment against the plaintiffs ordering them to cease and desist the acts described above and that they are ordered to establish an ongoing employee training on consumers’ rights in the state. The plaintiffs also seek actual damages or $200 per violation as outlined in the West Virginia Consumer Credit and Protection Act, damages in an amount to be determined for emotional and mental distress, anxiety, loss of use and inconvenience, incidental and consequential damages. The couple also seeks pre- and post-judgment interest, costs and attorney’s fees.

They are represented by Kristina Thomas Whiteaker and David L. Grubb of The Grubb Law Group in Charleston.

Jackson Circuit Court Case number 14-C-72

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