A customer has accused a South Carolina dealership group of fraud, negligence, breach of contract and a consumer protection law violation for failing to disclose the used 2018 Mercedes-Benz E300 she bought had flood damage and a replacement engine.
Mercedes-Benz of Mt. Pleasant had repaired the flood damage and replaced the engine for the previous owner, according to the March 25 lawsuit by Michaella Powell and her lawyer, Joshua Slavin, of Mt. Pleasant, S.C.
The complaint said Baker Motor Co., which owns the dealership, sold the E300 new in September 2017 to its first owner, reacquired it three months later and resold it to the second owner in March 2018. The store did more than $30,000 worth of flood-related work for the second owner.
The dealership acquired the car again in the summer of 2021 and sold it as a “certified pre-owned vehicle” to Powell for $44,222 in November 2021, the suit said.
Powell said the dealership didn’t tell her about the prior damage and repairs, and Slavin said, “They presented her with a clear Carfax report.”
The complaint said she wouldn’t have bought the E300 or would not have paid as much for it had she known about the prior damage.
After a June 2022 rainstorm, the car wouldn’t start. She had it towed to the dealership and was told it needed $15,295 worth of repair work, the complaint said.
During the next five months while in the store’s possession, the car became “infested with mold and mildew,” according to the suit, and the store issued a new work order that included $15,735 to repair the “moldy interior due to vehicle sitting for so long with moisture inside.”
An appraiser determined it to be a total loss in January 2023.
Powell is asking for about $77,000 in damages for the value of the vehicle, loss of use and damage caused by improper storage, plus punitive damages and attorney fees.
A lawyer for the dealership did not respond to requests for comment.
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Source: autonews.com