Nederland man says Jaguar dealer failed to make promised repairs

Kelly Holleran Jun. 5, 2013, 2:04pm

A Nederland man claims he incurred thousands of dollars in repair costs when the seller of a 1999 Jaguar failed to make promised repairs before unloading the vehicle.

Dana Weiland filed a lawsuit May 24 in Jefferson County District Court against Asbury Automotive Group, doing business as David McDavid Honda of Frisco.

In his complaint, Weiland alleges David McDavid sold him a 1999 Jaguar in 2012 and promised to repair several mechanical issues with the vehicle before its delivery. However, after receiving the vehicle, Weiland discovered that not all of the promised repair work had been completed, according to the complaint.

Weiland contacted David McDavid to complain of the incomplete work on the vehicle. The car dealership again promised to make repairs as long as Weiland purchased the required car parts, the suit states.

However, after Weiland bought the pieces for the vehicle, David McDavid refused to install them without additional money, the complaint says. Now, Weiland claims it refuses to perform any repairs on the vehicle.

He says David McDavid violated the Deceptive Trade Practices Act, fraudulently enduced him to purchase the vehicle, committed common law fraud, was guilty of negligent misrepresentation, breached its contract and breached its warranty.

In his complaint, Weiland seeks economic and actual damages in excess of the minimum jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest at the maximum rate allowed by law, costs and other relief the court deems just.

Jared Gilthorpe of Beaumont will be representing him.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E194-379

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