Consumers seek rescission of sale of KZ Durango Gold over alleged defects

By Philip Gonzales | Dec 18, 2017

BEAUMONT – Two consumers are seeking a rescission of the purchase of a recreational vehicle they allege has defects.

Daniel Justus and Monika Justus filed a complaint on Dec. 15, 2017, in the Beaumont Division of the Eastern District of Texas against KZRV LP, Terry Vaughn RVS Inc. and Bank of America NA alleging that they violated the Texas Deceptive Trade Practices Act, breach of contract and other counts.

According to the complaint, the plaintiffs allege that on Feb 20, 2016, they purchased a KZ Durango Gold for more than $52,691 plus finance charges from Terry Vaughn RVS. When delivered, they allege the Durango has had issues with water leaks and the defects substantially impaired its use, value and safety. 

The plaintiffs allege they suffered actual, consequential and incidental damages, including but not limited to money expended for the purchase of the vehicle, inconvenience and mental anguish. 

The plaintiffs hold KZRV LP, Terry Vaughn RVS Inc. and Bank of America NA responsible because the defendants allegedly failed to make repairs in a good and workmanlike manner to conform the vehicle with its warranties and failed and refused to buy back the defective vehicle.

The plaintiffs request a trial by jury and seek rescission of the sale and the return of the purchase price, out-of-pocket damages, attorney's fees, costs and such other appropriate relief. They are represented by Richard C. Dalton of Richard C. Dalton LLC in Mandeville, Louisiana.

Beaumont Division of the Eastern District of Texas case number 1:17-cv-00524

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Organizations in this Story

Bank of America Corporation Beaumont Division of the Eastern District of Texas Richard C. Dalton, LLC

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