Men back out of truck sale, but sue dealership over title

John Suayan, Galveston Bureau Jan. 6, 2010, 4:00am

GALVESTON - Two Galveston County men claim a League City auto dealership failed to return title papers and $1,300 in cash to them after they backed out of an agreement, recent court documents say.

John L. Herrera and John R. Herrera's lawsuit against Clear Lake N Auto Sales LP and Sonic Clear Lake N LP states that the defendants "breached their express and implied warranties, and their representations have proved false" when they sold a car to the plaintiffs and refused to compensate them for when the deal failed.

The suit was filed Dec. 31 in Galveston County District Court.

The complainants say on July 22 they acquired the vehicle in exchange for their 1998 Chevrolet pickup truck and $1,300.

They claim that they signed multiple papers, but then decided to abandon the deal and not to take the car.

"But the defendants' manager said that it was too late to back out and that the parties had a binding agreement," the suit says.

Shortly afterwards, the plaintiffs signed a temporary delivery bailment agreement at the defendants' suggestion.

The vehicle was repossessed three weeks later.

According to the suit, the defendants made an excuse that the finance company backed out hence the repossession.

The plaintiffs say they got the truck back, but not with its title papers or the $1,300 for the car.

Consequently, they seek approximately $20,000 in damages.

League City attorney Kenneth C. Kaye is representing the plaintiffs, and the case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 09CV2391

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