Car dealers have done some pretty despicable things in recent years, including piling on sky-high charges on every car sold and even selling a car that its owner had simply brought in for a few repairs. Now, a Kentucky Ford dealer has been given its comeuppance after it sold a smashed up truck as a brand new car.
Paul Miller Ford of Lexington, Kentucky was caught after it sold a 2019 Ford F-250 truck that had been involved in a crash at the hands of its new-car director. The truck was left in need of more than $6,000 in repairs and even totaled the vehicle that it rear-ended following the crash, reports the Drive.
However, rather than selling the truck at a discounted rate as a result of the damage it had endured, the dealership sold it to a customer named Barry Smith without informing him of the damage:
Three months later, the F-250 was sold to one Barry Smith, who wasn’t told about the damage. Instead, he was reportedly told the truck’s 656 miles were accrued in use as a demo vehicle. Smith unsurprisingly had problems with the truck, which reportedly vibrated and had steering issues. He decided to get rid of it and only discovered what the dealer hadn’t told him while trading it in at another dealer. Upon learning about the incident via its CarFax report, Smith sued.
The manager is reportedly said by the court to have “consistently downplayed the damage” to the truck, and excused not disclosing the crash during the sale because “things fall through the cracks.” The salesperson reportedly testified that they didn’t know the truck had been damaged, stating that “proper procedure would have been to add a disclaimer regarding the wreck and repairs to the paperwork.”
Smith accused the Kentucky dealership of fraud, a claim that was dismissed by the appeal court that heard his case. This doesn’t mean the dealership got off scot free, however, and it’s now facing more than $100,000 in damages that it must pay, reports Automotive News.
Following the case, Paul Miller Ford was found to have violated a state law that requires dealers to disclose any pre-sale damage that a vehicle may have sustained:
It awarded $8,026 in compensatory damages and $100,000 in punitive damages. The trial judge cut the punitive damages to $80,260 and awarded Smith $73,001 in attorney fees.
The appeals court found punitive damages justifiable, saying there was sufficient evidence that Paul Miller Ford committed “unfair, false, misleading or deceptive acts or practices.”
Despite losing the case, the Ford dealer hasn’t given up and is reportedly “considering its options for further appeals” reports Automotive News.
The Ford F-250 Super Duty truck recently underwent a raft of updates for the 2023 model year, including a pair of V8 powertrain options, updated diesel options and more new technology on the interior than you can shake a stick at. Maybe with his court winnings, Smith could upgrade to a new truck that hasn’t been crashed.