Certified Pre-Owned Cars: Besnoff v. Gene Langan Volkswagen of Connecticut, Inc. and VW Credit, Inc.

On Behalf of | May 10, 2013 | Firm News

We filed a civil action concerning a Certified Pre-Owned Volkswagen against Gene Langan Volkswagen of Connecticut, Inc. (“GLVW”) and VW Credit, Inc. (“VWC”).  The Complaint, filed in the United States District Court for the District of Connecticut, asserts that Gene Langan Volkswagen

fraudulently and maliciously sold [Plaintiff] a 2010 Volkswagen Jetta (the “Vehicle”) under the description of “Certified Pre-Owned” (“CPO”), even though the Vehicle had previously suffered significant prior accident damage and had been negligently repaired.

The Plaintiff alleges in the complaint that GLVW made affirmative representations of fact concerning the vehicle, specifically that

The sales representative told Plaintiff that the Vehicle was a CPO vehicle and that a CPO vehicle was essentially a new car. […] The sales representative also told Plaintiff that the Vehicle was in excellent condition and that it had been used as a loaner vehicle for customers who had  dropped their vehicles off at GLVW for service appointments.

The Complaint further alleges that, following a collision that occurred after Plaintiff had purchased the Vehicle, a local body shop discovered that the Vehicle had prior accident damage.  The body shop determined that the repair work performed on the Vehicle was

 not repaired to industry standard, creating significant safety risks and which would cost Plaintiff significant sums of money to repair.     […] Specifically, plastic filler was applied to the Vehicle’s frame to conceal structural damage, and an adhesive pad was affixed to the floor of the Vehicle’s trunk to conceal damage and the distortion of the trunk floor panel.

Plaintiff claims in the complaint that these repairs devalued the Vehicle by approximately $13,000. Plaintiff seeks to recover his damages plus punitive damages and attorney’s fees from the defendants.

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For more information on certified pre-owned cars, check back for  our upcoming blog post: “Certified Pre-Owned Cars: Scam or Steal?” which will contain advice on what to look for when purchasing a certified pre-owned car.  Also be sure to check out NBC Connecticut’s story on Certified Pre-Owned Vehicles, which features an interview with Attorney Dan Blinn.