WEST VIRGINIA RECORD

CHARLESTON -- A Charleston man is suing Audi of America and Bert Wolfe Ford Porsche Audi after he claims they did not conform his leased vehicle to its warranty.

On July 24, 2007, Robert M. Harpold entered into a new motor vehicle consumer lease with the defendants for a 2008 Audi TT convertible, according to a complaint filed Aug. 19 in Kanawha Circuit Court.

Harpold claims the vehicle was accompanied by a manufacturer's express warranty and a warranty as defined by the West Virginia Consumer Credit and Protection Act that covered any repairs or replacements needed during the warranty period due to defects in factory materials or workmanship.

After leasing the vehicle, Harpold discovered and experienced non-conformities that substantially impaired the use, value and/or safety of the vehicle, according to the suit.

Harpold claims the defects include the convertible top repeatedly failed to lower and rise; the door repeatedly failed to open; the failure of the door locks to function properly; the heater failed to function properly; the remote repeatedly failed to function properly; and the trunk repeatedly failed to function properly.

After the third repair, some defects were still not brought into conformity with the warranty and due to the numerous non-conformities, the vehicle was under repair and unavailable to Harpold for more than 30 days, according to the suit.

Harpold claims he properly notified the defendants of all the non-conformities and revoked his acceptance of the vehicle both orally and in writing because of the defendants' failure and surrendered the vehicle to the care and custody of the defendants.

The defendants "failed to repair the defects of the subject vehicle within a reasonable period of time and did not conform the subject vehicle to all warranties offered by Defendants," according to the suit.

Harpold claims the defendants represented the vehicle had certain characteristics when it did not; represented the vehicle was of a particular quality when it was not; engaged in conduct which creates a likelihood of confusion or misunderstanding; sold a vehicle as being free of specific defects when if was not; failed to provide promised benefits; represented that repairs could be performed properly and within a reasonable period of time; failed to offer a comparable replacement vehicle as required by law; and failed to promptly refund all money paid upon the rightful revocation and/or rejection of the vehicle and cancellation of the subject transaction.

Harpold is seeking for the lease to be declared canceled by rejection, rescission or revocation of acceptance; that the court enter a declaratory judgment declaring the defendants' to be in violation of the West Virginia Consumer Credit and Protection Act and/or the West Virginia Uniform Commercial Code; and compensatory damage with pre- and post-judgment interest. He is being represented by John H. Tinney Jr., Heather D. Foster Kittredge and John K. Cecil.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 10-C-1489