August 2009 - Swann Receives Two Favorable Decisions for Local Automobile Dealers
In the first case, the plaintiff alleged fraud during the purchase of a used Mercedes. In addition to asserting the vehicle was not as it had been represented to her, it was also alleged the dealership had practiced a "bait and switch." An Arbitrator, after hearing the evidence, entered a finding in full for the dealership on August 4th, 2009. In the second case, a case pending in Autauga County, the plaintiff purchased a used vehicle and extended warranty. Two days post purchase, the plaintiff returned, wishing to cancel the extended service agreement, saying he was told the purchase was necessary in order to obtain financing. The documents executed by the plaintiff clearly disclosed the extended service contract was not required. During the process of amending the financing documents, the vehicle was repossessed by the finance company. The plaintiff's suit alleged fraud, misrepresentation, breach of contract and conversion. The finance company moved to compel arbitration. Our client elected to stay in Circuit Court. On August 19th, 2009, the trial court granted our client's Motion for Summary Judgment.
