Rosner, Barry & Babbitt’s Auto Fraud Legal Center has filed a lawsuit against North County Buick Cadillac GMC, which is located in Escondido, California. The lawsuit was filed on behalf of Jose Delgado in San Diego County Superior Court. Mr. Delgado purchased a 2007 Cadillac Escalade from North County Buick Cadillac GMC on July 8, 2011. The Cadillac was sold to Mr. Delgado with a 3 month/3,000 mile express warranty. The sale of the Cadillac with an express warranty creates an implied warranty that the Cadillac is merchantability.
The lawsuit alleges that shortly after the purchase, Mr. Delgado discovered that the Cadillac had been involved in an accident prior to being sold to him. Mr. Delgado asked if the Cadillac had been involved in any accidents before. He was told “no.” The sale of the Cadillac with accident damage breached the implied warranty of merchantability, thus violating the Song-Beverly Consumer Warranty Act, sometimes referred to as the “Lemon Law.” Further, the failure to disclose the prior accident when asked violated the Consumers Legal Remedies Act, Vehicle Code, and Unfair Competition Law.
Mr. Delgado is seeking to get his money back and return the Cadillac as well as an injunction preventing North County Buick Cadillac GMC from engaging in similar practices in the future. If you have any questions about this matter, please contact Hal Rosner at 800-466-5366 or hal@rbblawgroup.com.
Tags: Barry & Babbitt, fraud, lemon law, North County Buick Cadillac GMC, prior accident, prior wreck, Rosner