Civil Complaint for selling a damaged car that was a CPO or certified pre owned car

DAMAGED CARS flag - Copy

The plaintiff, residing in Edison, New Jersey, says by way of complaint against the defendants as follows:
COUNT I
1. On or about September 28, 2013, the defendant, Auto Group, of East Brunswick, was a corporation licensed to do business in the State of New Jersey.
2. On or about that date, the defendant, MANUFACTURER, was also a corporation licensed to do business in the State of New Jersey.
3. On or about that date, the plaintiff acquired a used 2011 Acura MDX black, with 30,711 miles.
4. The vehicle was represented as a certified pre-owned vehicle and of higher quality than other certified pre-owned vehicles.
5. It was also specifically represented that the vehicle was not involved in any prior automobile accidents. The literature indicating that the vehicle was of higher quality and not in a prior automobile accident were both from the manufacturer and/or the selling dealer indicating that the vehicle was of higher quality than other used vehicles. The selling dealer specifically stated that the vehicle had not been in a prior automobile accident.
6. The plaintiff signed various documents including a retail installment sales contract and a buyer’s order to acquire the vehicle which the purchase price was $30,500.
7. As part of the transaction, the defendant dealership and/or the manufacturer issued a certified pre-owned warranty which the plaintiff paid a dollar amount for which is not disclosed in the appropriate paperwork.
8. It is believed that the selling dealer failed to appropriately disclose and/or indicate the purchase of a certified pre-owned warranty as part of the transaction.
9. The plaintiff received both express and implied warranties as part of the transaction from the manufacturer
11. The plaintiff signed an arbitration clause indicating that the plaintiff waives specific claims against the selling dealer, however, not a Magnuson-Moss Warranty Act claims.
12. The arbitration agreement does not waive any claims against the manufacturer.
13. The plaintiff is making Magnuson-Moss claims against the selling dealer and the manufacturer as well as breach of contract, lack of good faith and fair dealing claims and consumer fraud claims against the manufacturer.
14. The manufacturer is liable under the Consumer Fraud Act and also Magnusson Moss warranty Act for selling a vehicle which in in violation of that warranty. The manufacturers CPO program is deceptive because it created a false impression of the condition of the car and it is implemented by both the dealer and the manufacturer. See also NJSA 56:8-68, as the manufacturer is liable for assisting the dealer in selling deceptive warranties and then selves selling deceptive warranties.
The following is on the dealer’s web site:
Certification Process
The Acura Dealership technicians give it the once over 182 times.
Every vehicle must pass stringent measures before it can become a Certified Pre-Owned. Only well-maintained, late-model vehicles are considered, and each one must pass a comprehensive 182-point inspection and a Vehicle History Report review. Virtually every mechanical system-from the engine to the door locks-is checked and serviced to meet precise specifications, and a thorough appearance inspection scrutinizes fit and finish-inside and out-to ensure that every vehicle upholds the luxury and sophistication of the Acura name. The Dealership technicians also inspect all placements of the Vehicle Identification Number to ensure that the VIN plates match. In addition, the VIN is researched for open service campaigns.

The following is according to the MFGR web site and sets forth the standards:
Certification Standards

Why you should choose a Certified Pre-Owned Vehicle
Every Honda is a product of innovative engineering and quality manufacturing. And only well-maintained models that are less than six years old and have a maximum of 80,000 miles are eligible for certification. The certification process includes:

• A thorough multi-point mechanical and appearance inspection, performed by the dealer, to ensure that each used vehicle meets Certified Pre-Owned Vehicle standards
• Honda-trained technicians scrutinize all major vehicle systems, including brakes, engine, drivetrain, steering, suspension, tires, wheels, exhaust system and vehicle interior and exterior
• Dealer technicians recondition any component that does not meet our standards
• Any component that cannot be reconditioned is replaced with Honda Genuine Parts
• A limited warranty that covers engine and transmission components for up to 7 years/100,000 miles[1]

Shop online for a Certified Pre-Owned Vehicle.
The following is from the dealer web site
The following reasons are listed as reasons to purchase certified used vehicles by THE MANUFACTURER:

15. This ascertainable loss is directly associated with the conduct of the defendants including, but not limited, to the selling dealer.
WHEREFORE, the plaintiff demands judgment against the defendants jointly and severally together with interest and costs of the suit.

JURY DEMAND
Plaintiff hereby demands a trial by a jury of six (6) jurors as to all issues raised in these pleadings.
DESIGNATION OF TRIAL COUNSEL
Pursuant to the provisions of Rule 4:25-4, the Court is advised that JONATHAN RUDNICK, ESQ., is hereby designated trial counsel.
CERTIFICATION
I hereby certify that, pursuant to R. 4:5-1(b)(2), this matter in controversy is active in a filed arbitration against the dealer for fraud and consumer fraud and non mag moss issues

CARTON & RUDNICK
Attorneys for Plaintiff
BY:__________________________________
JONATHAN RUDNICK, ESQ.