Prolific Southern California lemon law attorney Michael R. Vachon, Esq. sues Del Mar Motor Cars, alleging that the popular used car dealership has a practice of selling accident-damaged used cars.
Del Mar Motor Cars, the popular San Diego, California used car dealership, has been sued in a lawsuit alleging that it has an illegal practice of selling, accident-damaged used cars without disclosing the known damage. The lawsuit is titled Fitzpatrick v. Quality Auto Wherehouse, Inc., and was filed in the San Diego County Superior Court on December 4, 2012 (Case No. 37-2012-00086815).
Click here to read a copy of the complaint against Del Mar Motor Cars.
The plaintiff in the Fitzpatrick v. Del Mar Motor Cars lawsuit is being represented by Michael R. Vachon, Esq., a San Diego, California attorney who founded the consumer protection law firm that bears his name. According to Vachon, California used car dealers have done little to change their business practices in the last decade. As a result, his law firm files more accident-damaged used car lawsuits than any other type of case.
The complaint in the Fitzpatrick v. Del Mar Motor Cars lawsuit alleges that in its advertising Del Mar Motor Cars claims that it sells "only the highest quality" used automobiles. It further alleges that in February, 2011 Del Mar Motor Cars sold Mr. Fitzpatrick a used 2000 Lexus RX 300 that the dealership had previously advertised as being in "pristine" condition. However, according to the complaint, Mr. Fitzpatrick later learned that Lexus RX 300 had previously been in a serious accident in which it suffered frame damage. The complaint goes on to allege that Del Mar Motor Cars either knew or should have known about the accident damage, but instead concealed and failed to disclose the automobile's true condition. Based on these allegations, the complaint asserts that Del Mar Motor Cars breached the implied warranty of merchantability imposed by California's lemon law, committed fraud, and violated other California consumer protection statutes.
The complaint goes on to allege that Mr. Fitzpatrick is not the only consumer that was tricked into buying an accident-damaged car. It alleges that Del Mar Motor Cars has an illegal business practice of failing to disclose the true condition of automobiles that it sells to the public. Vachon's law firm has announced that it is attempting to contact other consumers who may have complaints about Del Mar Motor Cars's business and advertising practices.
The San Diego County Superior Court has not yet determined whether or nor Mr. Fitzpatrick's allegations are true. Del Mar Motor Cars denied all the allegations, and asserted that it had committed no wrongdoing whatsoever when it answered in the lawsuit.