Woman claims dealership concealed car's flood history

By Kelly Holleran | Apr 5, 2010

A Jasper County woman has filed suit against five corporations, alleging they did not inform her an Acura she purchased had previously been in a flood.

Kourtney McClary claims she purchased a 2005 Acura from Beaumont Motor Co., doing business as Classic Chevrolet Cadillac, in Beaumont on March 31, 2008.

According to the complaint filed March 26 in Jefferson County District Court, Soon after McClary took possession of the vehicle she began experiencing problems with it which were covered under an extended warranty,

Although the defendant provided McClary with a payment coupon and extended coverage warranty, they have not provided her with a sales contract, the suit states. In turn, McClary decided to start investigating the history of her automobile and soon discovered that it has at least two vehicle identification numbers, the complaint says.

"She has discovered that the vehicle was in a flood that covered the vehicle and it was damaged when the vehicle hit something in the flood," the suit states.

More specifically, some of the vehicle's problems include an engine control computer that has rust, a number of brackets behind the dash with rust, rusted floorboards, all metal parts behind the backseat that have rust and a misshapen and unproperly aligned right suspension control arm, causing several tires to fail, McClary claims.

McClary alleges Classic Chevrolet should have revealed the fact that the vehicle had been involved in a flood before she purchased the vehicle. They, along with co-defendants Americredit Corp., Americredit Financial Services, Sanders Sales and Gunn Acura and Gunn Auto Park, knew of the vehicle's condition when they sold it, according to the complaint.

"Plaintiff would not have entered into the transaction to purchase the vehicle if she had been given information concerning the vehicle at the time of the transaction regarding the flood and wreck," the suit states. "Clearly, the failure to disclose that the vehicle had been in a flood and was damaged was intended to induce Plaintiff into the transaction."

Because of her problems with the vehicle, McClary has lost profits, lost time, incurred out-of-pocket expenses, lost use and lost the economic value of her vehicle, the complaint says.

McClary is seeking damages within the jurisdictional limits of Jefferson County District Court and treble damages, plus pre- and post-judgment interest, costs, attorneys' fees and other relief the court deems just.

Thomas O. Moses of Beaumont will be representing her.

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

Jefferson County District Court case number: A186-386.

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