Direct Auto Plaza, the popular El Centro, California new and used car dealership, has been named as a defendant in a lawsuit recently filed by the Vachon Law Firm. The lawsuit seeks rescission of an automobile purchased contract based on the Direct Auto Plaza’s alleged fraud, breach of the implied warranty of merchantability under California’s lemon law statute, and violation of California’s automobile financing rules. The lawsuit was filed in California’s Imperial County Superior Court on September 23, 2013 and is titled Torres, et al. v. Direct Auto Plaza, et al. (California Superior Court for Imperial County Case No. ECU07861).
Financing and Credit Services Act Allegations in the Complaint
The Plaintiffs in the Torres v. Direct Auto Plaza lawsuit are a Heber, California couple, who are being represented in this case by the Vachon Law Firm. The Plaintiffs’ Complaint alleges that they visited Direct Auto Plaza in August 2011 shopping for a used automobile. The Complaint goes on to allege that Direct Auto Plaza showed them a used 2010 Dodge Charger, and told them that it had been thoroughly inspected and was in “excellent” mechanical condition.
The Complaint further asserts that, notwithstanding the Plaintiffs’ interest in the Dodge Charger, Direct Auto Plaza soon discovered that they were not immediately able to make a down payment in an amount that would have enabled Direct Auto Plaza to find a lender to finance the transaction. It then alleges that Direct Auto Plaza falsified the amounts of the Plaintiffs’ down payment and deferred down payments in the Dodge Charger’s purchase contract. According to the Complaint, the car dealership did this “to obtain [the] Plaintiffs’ signatures on a contract before they changed their minds, to trick a lender into financing a vehicle purchase that it otherwise would not finance, and to get Plaintiffs financed for a loan for which they otherwise would not have qualified.”
Based on these allegations, the Vachon Law Firm asserts (on the Plaintiffs’ behalf) causes of action for violation of California’s Automobile Sales Financing Act, the Consumers Legal Remedies Act (the “CLRA”), and Credit Services Act.
Lawsuit’s Fraud and Lemon Law Allegations Against Direct Auto Plaza
In the Complaint, the Plaintiffs also allege that after purchasing the Dodge Charger, and notwithstanding Direct Auto Plaza’s representations that had been inspected and was in excellent condition, they learned that the automobile had been in a serious accident in which it sustained substantial damage. Based on these allegations, on the Plaintiffs’ behalf, the Vachon Law Firm (which specializes in lemon law and car dealer fraud cases) alleged causes of action for common law fraud, violation of the CLRA, and breach of the implied warranty of merchantability under California’s lemon law statute.
Click below to read the entire Torres v. Direct Auto Plaza Complaint.
Please note: the mere filing of a lawsuit does not mean that a Complaint’s allegations are true. Direct Auto Plaza is expected to deny all liability when it answers in the case, and the Imperial County Superior Court has not yet made any determination of whether or not the Complaint’s allegations are true.
Vachon Law Firm Looking For Other Direct Auto Plaza Customers
The Complaint in the Torres v. Direct Auto Plaza lawsuit alleges that the Plaintiffs are not the only victims of Direct Auto Plaza’s alleged illegal conduct, and that the El Centro, California car dealership has a practice of selling accident-damaged cars and falsifying down payment amounts. Accordingly, the Vachon Law Firm would like to talk to other Direct Auto Plaza customers to learn more about their experiences with the dealership.
If you purchased an automobile from Direct Auto Plaza and either (1) later learned that your vehicle had been involved in a serious accident, or (2) paid all or a portion of your down payment on a date after you signed the purchase contract, then please call the Vachon Law Firm at 855-4-LEMON-LAW (855-453-6665). You might have valuable and important information that could help resolve this case!
You might even find out that you are entitled to legal relief under the California lemon law or this State’s other consumer protection statutes. Please call or email us today.