Citing lemon law, woman sues car dealer for fraud

By Carol Ostrow | Mar 16, 2015

BECKLEY — A Raleigh County woman filed suit against a Fayette County auto dealership for alleged fraud in a May 2013 vehicle purchase agreement.

Nancy K. Compton brought a lawsuit against Beckley Buick-GMC Auto Mall Inc., doing business as Beckley Automall Inc., in Raleigh Circuit Court on Feb. 18, claiming breach of warranty.

The plaintiff purchased a 2011 Chevrolet Cruze from the defendant on or about May 13, 2013, for the purchase price of $16,713.53. When Compton experienced issues with the car’s performance, she allegedly had to find another vehicle for transportation.

Compton claims that she was forced to buy the car when the dealer took her old car in trade and allegedly would not return it to her, using a “best price” promotion to close the sale followed by a bait and switch tactic, according to court documents.

The plaintiff maintains that she repeatedly brought the new car’s defects to the defendant’s attention but that there was no effort to make repairs to her vehicle. Citing misrepresentation, violation of state law and willful infliction of emotional distress, Compton claims loss of use and diminished market value of the vehicle, as well as aggravation and inconvenience.

She is seeking compensatory and punitive damages, revocation of the vehicle and refund of the purchase price as well as attorneys’ fees and costs.

She is represented in the case by J.C. Powell of Powell and Majestro from Charleston. The case has been assigned to Judge H. Louis “Kirk” Kirkpatrick.

Raleigh Circuit Court case number: 15-C-117-K

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