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Lawsuit Filed Against Patriot Auto Group, LLC d/b/a Patriot Buick GMC: Allegations of Fraud, Deceit, and Consumer Protection Violations
An auto fraud lawsuit has been filed against Patriot Auto Group, LLC, operating as Patriot Buick GMC, by Oklahoma residents April and Clay Garrison, in Washington County District Court, State of Oklahoma Case Number CJ-2024-174. The Garrisons allege serious issues regarding the sale of a 2022 Kia Stinger. The Garrison family claims that they were misled about the vehicle’s history, including prior accident damage that was never disclosed to them. This case raises important questions about transparency in the used car industry and consumer rights under Oklahoma law. Here’s a breakdown of the key allegations and what they mean for consumers.
Overview of the Case
The lawsuit, filed in an Oklahoma district court, revolves around the sale of a 2022 Kia Stinger. The Garrison family purchased the car from Patriot Buick GMC on March 11, 2023, believing that the vehicle had never been in an accident. However, as the case unfolds, it appears that the vehicle had sustained significant prior damage that was not disclosed by the dealership, raising concerns about deceptive practices in the used car market.
The Allegations
Deceptive Sales Practices
The Garrison family alleges that when they inquired about the vehicle's history, they were repeatedly told by Patriot employee Kent Schaub that the Kia Stinger had never been in a wreck. Despite this assurance, it is claimed that Patriot Buick GMC, as well as its affiliated dealership, Patriot Chevrolet, knew about prior collision damage. The Garrison’s lawsuit contends that this was a deliberate misrepresentation, designed to convince them to purchase the vehicle without concern about its true condition.Failure to Disclose Prior Damage
The suit points to a series of actions that suggest Patriot Buick GMC was aware of the vehicle's past accidents. The Garrison family’s legal team alleges that when the vehicle was transferred to Patriot Buick GMC, service records from Patriot Chevrolet confirmed that the car had been in a significant front-end collision. These records reportedly included information about unrepaired damage to key structural components. Despite this knowledge, the dealership allegedly failed to disclose this critical information to the Garrisons, who relied on the dealership's statements when making their purchase.Fraud and Deceit
The lawsuit claims that Patriot Buick GMC engaged in fraudulent behavior, making false statements with the intention of inducing the Garrisons to purchase the vehicle. The Garrisons argue that they would never have bought the Stinger had they known the true history of the car, including its prior accident damage and substandard repairs. As a result, they are seeking both compensatory and punitive damages.Violation of Consumer Protection Laws
The complaint also accuses the defendants of violating the Oklahoma Consumer Protection Act, which provides legal recourse for consumers who have been misled by unfair business practices. According to the suit, the deceptive conduct of Patriot Buick GMC and its affiliates caused the Garrisons to suffer financial losses and emotional distress.Defective Repairs and Ongoing Issues
After the purchase, the Garrisons noticed a series of mechanical problems with the Kia Stinger, including issues with the front bumper and a thermostat failure. Despite the car being covered under a service contract, Patriot Buick GMC allegedly failed to provide proper repairs. Eventually, the car was towed to a Kia dealership in Tulsa, where a technician discovered the undisclosed collision damage. The technician also found that previous repairs had been incomplete and subpar.Liability of Meritrust Federal Credit Union
The lawsuit names Meritrust Federal Credit Union as a defendant, as they financed the purchase of the Stinger. The credit union is accused of being liable for Patriot Buick GMC’s conduct due to the assignment of the Retail Installment Sales Contract (RISC) for the vehicle. While Meritrust’s liability may be limited, the Garrison family asserts that it should be held accountable for the dealership’s actions as the holder of the contract.
The Emotional and Financial Impact on the Plaintiffs
The Garrison family claims to have suffered significant emotional distress as a result of this ordeal. They cite feelings of anger, frustration, embarrassment, humiliation, and mental anguish after discovering the vehicle’s true condition. Additionally, they argue that they were financially harmed, both through the purchase price of the vehicle and the costs of repairs.
Legal Theories and Claims
The Garrison family is pursuing multiple legal theories in their lawsuit:
Fraud and Deceit: The primary claim is that Patriot Buick GMC and its employees intentionally misled the Garrisons about the vehicle’s history, leading them to make an informed decision under false pretenses.
Breach of Warranty: The lawsuit also includes allegations of breach of express warranties, asserting that the dealership did not uphold its promises regarding the condition of the vehicle.
Oklahoma Consumer Protection Act Violations: The Garrison family accuses Patriot Buick GMC of engaging in deceptive business practices, which is prohibited under Oklahoma state law.
Punitive Damages: The plaintiffs are seeking punitive damages due to the severity and intentional nature of the defendants' conduct. Under Oklahoma law, the plaintiffs may be entitled to a financial award meant to punish the wrongdoers and deter future misconduct.
What Does This Mean for Consumers?
This case highlights the importance of consumer protection when purchasing used vehicles. For anyone buying a used car, especially a vehicle with a complicated history, here are some takeaways:
Always Ask About Accident History
Always ask the selling dealer about the condition and history of the vehicle. Ask if the vehicle has been wrecked or damaged. Ask the dealer whether the vehicle has been inspected and safe to drive.Understand Your Rights
Under state and federal law, consumers have protections against fraudulent sales practices. If you believe you've been misled or mistreated by a dealership, contact our law firm as you may have legal recourse.