Lawsuit: Sunrise Pre-Owned Automall prepared confusing contract

By Kyla Asbury | Feb 4, 2013

CHARLESTON – A woman is suing Sunrise Pre-Owned Automall, Inc., after she claims it breached its contract with her.

Corey D. Thaxton was also named as a defendant in the suit.

On May 21, Tammy Davis executed a retail installment contract for the purchase of a 2004 Cadillac from the defendants and as part of the transaction, agreed to trade in her 2007 Hummer H3 for an even trade, whereby the only amount she was obligated to pay consisted of fees and charges associated with transfer of title and registration, according to a complaint filed Jan. 22 in Kanawha Circuit Court.

Davis claims the contract the defendants prepared was confusing and misleading and actually indicated that she agreed to pay a difference of $500 in addition to the applicable license and title transfer fees.

At the time of the transaction, Sunrise’s employees indicated that the title of the Cadillac would be transferred to Davis immediately and her license would be immediately transferred to the purchased Cadillac, according to the suit.

Davis claims several weeks after the transaction, she discovered that Sunrise had not yet transferred her registration and had not yet transferred the title to the Cadillac.

When Davis contacted Sunrise, it demanded that she pay all amounts due before Sunrise would complete the transfers, according to the suit, and Davis demanded that the registration and title be transferred first before she would agree to pay any additional amounts.

Davis claims Sunrise refused to transfer the registration and title and ultimately failed to make the transfers as required by law.

The defendants then sent agents to Davis’ home to repossess the vehicle on July 18, according to the suit.

Davis claims the defendants violated West Virginia code and wrongfully repossessed the vehicle.

The defendants breached their contract with Davis and fraudulently appropriated her property to the defendants’ own use, according to the suit.

Davis is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Cameron S. McKinney and David L. Grubb.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 13-C-139

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