A Chickasha woman who charges Byford Buick GMC engaged in fraud and violated the Oklahoma Consumer Protection Act is suing both the dealership and JP Morgan Chase Bank N.A.
Rolena M. Guinn's lawsuit in Grady County District Court stems from her Sept. 13, 2010, purchase of a used 2010 Chevrolet Camaro and the dealership's refusal to refund her $7,000 down payment when she returned the car, title and other documents 17 days later.
The suit seeks $20,000 in compensatory damages, as well as punitive damages and $2,000 for each violation of the Oklahoma Consumer Protection Act. It also asks the court to declare Guinn's contract obligation void and unenforceable by either the dealership or bank.
According to the lawsuit, Guinn went to the dealership to buy a fuel efficient, reliable vehicle. The salesman directed her to the Camaro, telling her it was a "good car" that would get good gas mileage. Guinn bought the car, paying $7,000 down.
The car immediately experienced significant mechanical problems and Guinn returned to the dealership two days after the purchase because the vehicle had a "roaring noise" coming from the front end.
She left the car with the service department. She later ran a CARFAX check on the vehicle and learned that the Camaro had been a rental fleet vehicle and on Dec. 1, 2009, sustained front impact damage in a wreck, in which the car's air bag had deployed. When the dealership called her on Sept. 16 to say the car was ready to be picked up, Guinn hand-delivered a notice to the dealership that she was rescinding the purchase and would not accept the car.
The dealership denied any knowledge of the car's history and refused to honor the recission or return Guinn's down payment.
Guinn left the car at the dealership and on Sept. 30 returned the title and other documents to Byford and again asked for the return of her $7,000 down payment.
The title history for the Camaro shows that Byford purchased the car from a New York company in an online auction on Jan. 25, 2010. Auction documentation noted "**Airbag deployed, and Yellow; Caution," according to the lawsuit."
"Byford sold plaintiff a vehicle which was not merchantable, in violation of Oklahoma's Statutory Article on commercial law, in that the car would not pass as an undamaged car and was not fit for the ordinary purpose for which a $23,979 2010 Chevy Camaro is used," the lawsuit reads.