Man claims test-drive trick left him with watercraft he didn't buy

David Yates Aug. 26, 2008, 8:51am

Yamaha FX

Before he could test drive a watercraft, Troy Hebert was allegedly told he had to fill out a credit application. When he returned the following day, Hebert unexpectedly learned he was now the owner of a Yamaha water vehicle.

Hebert filed suit against Golden Triangle Water Sports on July 25 in Jefferson County Court at Law No. 1, claiming the company misrepresented a test drive and purchasing agreement.

Interested in purchasing a 2008 Yamaha FX, Hebert paid a visit to Golden Triangle Water Sports on June 28, according to the suit.

Allegedly, one of the company's sales representatives told him he could take the watercraft for a test drive as long as he filled out a credit application.

In his suit, Hebert says he agreed but informed the salesperson he would have to wait a day to test drive the watercraft due to inclement weather. The sales person allegedly told him it wouldn't be a problem and he would not be entered into a sales agreement.

The suit says Herbert was not provided with copies of the document he signed.

Herbert hooked the watercraft to a trailer and left the dealership. He returned the next day, "following an unsatisfactory test drive," where he learned he was now the proud owner of the Yamaha.

"Plaintiff was informed he could not return the watercraft and trailer, and that a binding sales agreement had been entered into," the suit says, adding that the watercraft would be towed at his expense if he left it at the dealership.

Herbert left the watercraft at the dealership and a few days later he was notified that his unwanted Yamaha was impounded at Spanky's Wrecker Service, where it was accumulating storage fees, the suit says.

Spanky's is also listed as a defendant in the suit.

Herbert alleges the defendants are guilty of violating the Texas Deceptive Trade Practices Act and are guilty of conspiracy to force acceptance.

He is asking Judge Alfred Gerson to declare that the watercraft was not legally sold to him and for Spanky's to return the vehicle to the dealership.

He is also suing for punitive damages and attorney's fees.

Hebert is represented by Karl C. Hoppess and Associates.

Case No. 111378

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