Woman claims local auto dealer misled her to make sale

Kelly Holleran Jan. 20, 2010, 4:54am

A Jefferson County woman has filed suit against a local auto dealer, alleging a salesman told her false information to get her to purchase a car.

Latresa Piert filed a complaint against Allen Samuels Alliance Dodge Inc., doing business as Allen Samuels Chrysler Dodge Jeep, on Jan. 14 in Jefferson County District Court.

According to the complaint, Piert purchased a vehicle from Allen Samuels in an installment transaction, on Jan. 24, 2006. She claims an employee promised to help her find a loan to pay for the vehicle and would negotiate to secure favorable financing terms.

Piert alleges the salesman did not have the negotiating authority he claimed, and presented the information to her in a confusing manner.

"In connection with the sales presentation made by Defendant to Plaintiff, Defendant made many material misrepresentations to Plaintiff including but not limited to misrepresenting the authority of the salesman to negotiate a sale with Plaintiff, misrepresenting in a manner which resulted in confusion as to the affiliation between the Defendant and the finance company chosen by Defendant; representing a false affiliation between the Defendant and the contract assignee; and concealing facts from Plaintiff in order to induce Plaintiff into a transaction that Plaintiff would have otherwise not entered into," the suit states.

"The Defendant further failed to comply with Title 7, Part 5, Chapter 84, Subchapter B of the Texas Administrative Code governing use of model installment contract forms or non-standard forms, and failed to make required disclosures adopted in the Model Contracts approved by the Office of Consumer Credit Commissioner."

In her complaint, Piert alleges fraud, negligent misrepresentation, violation of the Texas Finance Code, aiding and abetting and intentional infliction of emotional distress against Allen Samuels.

Because of the conduct of Allen Samuels' employees, the dealership now holds money that belongs to Piert, according to the complaint.

Piert is seeking damages, economic losses, statutory penalties, attorney's fees, pre- and post-judgment interest and other relief the court deems just.

Jeffrey L. Weinstein and James H. Owen of Athens will be representing her.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County District Court case number: A185-705.

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