Consumer sues automobile sellers

GALVESTON — A consumer is suing McCall-SB Inc. dba Mini of Clear Lake and BMW Financial Services NA LLC, automobile sellers, citing alleged fraudulent misrepresentation.

Steven True filed a complaint on March 20, in the Galveston County District Court against the defendants alleging that they intentionally violated the Texas Deceptive Trade Practices Act.

According to the complaint, the plaintiff alleges that, in Aug. 17, 2016, he purchased a 2014 BMW 528i Sport from defendant McCall-SB's dealership for $42,406.81. Shortly after the purchase, vehicle was involved in a flood. Plaintiff’s insurance provider declared the vehicle was a total loss and determined that the it had been declared a total loss on May 6, 2015 due to flood. Because of the prior declared loss, defendant deducted $18,383 from the insurance payout. The plaintiff holds McCall-SB Inc. dba Mini of Clear Lake and BMW Financial Services NA LLC responsible because the defendants allegedly failed to disclose prior flood damage to plaintiff at the time of sale.

The plaintiff requests a trial by jury and seeks monetary relief over $100,000 but not more than $200,000, attorney’s fees, court costs and expenses, interest and all other relief to which she is entitled. He is represented by R. Douglas Scott of Law Offices of Craig Zimmerman in Arlington, Louisiana.

Galveston County District Court Case number 17-CV-0336

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