A Green County Circuit Court on July 10 denied a request by a used car dealer to dismiss civil claims against it. The dealership, Alphorn Ford, was sued by two customers who claim that Alphorn lied to them in order to induce them to purchase a vehicle they did not really want.
The customers allege that Alphorn Ford employees told them that the car in question would appreciate in value, and that if the customers bought the car and did not like it they could bring it back the next day to undo the transaction. The customers testified that they bought the car based on that promise because otherwise they did not think they could easily leave the dealership. The customers then testified that they tried to bring the car back the next day, but the dealership refused to undo the transaction. The customers also assert that Alphorn Ford denied the cancellation of the warranty twice.
An additional issue in the case was that the customers testified that when they said the price was too high, the dealership induced them to purchase the vehicle anyway by giving them a $500 check and telling them the car would appreciate in value over 10-15 months and could be refinanced. The dealership admitted giving the check but denied making the representation about the car appreciating in value.
Alphorn Ford tried twice to get the case dismissed, but in the end was ordered to stand trial on claims that it had induced the customers to purchase the car by misrepresenting the transaction and that it had acted unconscionably in its conduct. The customers are seeking both pecuniary and punitive damages.
Although it is commonly believed that used car dealers are almost completely immune from lawsuits, Wisconsin has strict regulations that govern both new and used car dealers, and violations of those regulations can result in the dealership being ordered to pay damages and attorney’s fees to the customer. Attorney Briane Pagel and Lawton Cates has convinced juries to award as much as $100,000 in punitive damages against car dealers who violate those laws. Lawton Cates is a leader in consumer protection; if you believe you have been mistreated by an automobile dealer, contact our lawyers today for a free consultation.
