Company seeks refund following Craigslist purchase

Carol Ostrow May 26, 2015, 10:34am


A company that bought a supposedly refurbished concrete pump on Craigslist from an authorized dealer is suing for its money back.

Six Brothers Concrete Pumping LLC filed a petition and request for disclosures on May 7 in Galveston County Circuit Court against UES Co. and Dick Hibbard.

In late November or early December of 2014, the lawsuit states, Six Brothers found a Schwing BPA-500 concrete pump to buy on Craigslist, advertised by the defendants as a refurbished model.

The plaintiff bought the pump on Dec. 8, 2014, for an undisclosed price, the lawsuit states. At the time, UES allegedly assured the buyers that the pump was refurbished and that it was an authorized Schwing USA dealer.

However, the lawsuit states, "the equipment was not refurbished and UES Co. is not an authorized dealer, thereby making these representations false, misleading and/or deceptive."

The plaintiff, citing fraud, breach of contract, violation of the Deceptive Trade Practices Act and negligent misrepresentation, seeks unspecified actual, statutory and exemplary damages, plus pre- and post-judgment interest, an injunction against the defendant from marketing and selling in Texas, attorneys' fees and court costs.

The plaintiff is represented by attorney Keith D. Peterson in Houston.

Galveston County Circuit Court case no. 15-CV-0465.

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