HOUSTON — The Harris County owner of a 2014 Chevrolet Silverado truck is suing a car dealer and car financing companies, alleging breach of implied warranty and unjust enrichment.
Jesus Ortega filed a complaint May 4 in Harris County Circuit Court against Beck and Masten Gulf Freeway Inc. and General Motors Financial Company Inc., alleging violation of the Deceptive Trade Practices and Consumer Protection Act (DTPA).
According to the complaint, on June 28, 2016, Ortega purchased a Chevy Silverado from the defendants with monthly payments of $587.75 for 72 months with a guarantee that the truck had not been involved in a significant collision and that the remaining manufacturer warranty from GMC was still in effect.
Ortega says the vehicle's tires were wearing excessively and unevenly and he was advised by various technicians that the problems was most likely caused by a prior accident. As a result, Ortega alleges he incurred out of pocket expenses, loss of use and is left with diminished value of the vehicle.
Ortega alleges the defendants failed to disclose the correct condition of the car, sold the product in an overpriced sale and required the plaintiff to purchase an expensive and unnecessary GAP insurance plan.
Ortega seeks actual, statutory and exemplary damages, pre- and post-judgment interest, attorney fees, cost of court, and all other equitable relief. He is represented by attorney Mark L. Aschermann of Aschermann Law in Bellaire.
Harris County Circuit Court Case number 2017-30051