LAWSUIT FILED AGAINST THE LUXURY HAUS AND ITS OWNER ANTONIO GUITERREZ ALLEGING BUSINESS CORRUPTION, CONSUMER FRAUD, MISREPRESENTATION, RACKETEERING INFLUENCE AND CORRUPTION (RICO), AND OTHER CLAIMS IN CONNECTION WITH THE SALE AND FINANCING OF A MOTOR VEHICLE
We filed a lawsuit against Luxury Haus, Inc. and its owner, Antonio Guiterrez, on behalf of a client who purchased and financed a motor vehicle through Luxury. The suit alleges, among other claims, violation of the New Jersey Consumer Fraud Act, Fraud, Criminal Theft by Deception, Criminal Deceptive Business Practices, etc. The allegations ( Lee v. Luxury Haus et al.)include, but not limited to as follows:
•On December 4, 2015, the plaintiff went to LUXURY in its Linden, New Jersey location to purchase a 2013 Kia Sorento, VIN No. 5XYKTCA66DG348521.
•At the time of the purchase, LUXURY had the vehicle advertised on its website (www.luxuryhausoflinden.com) for $15,971.However, LUXURY failed to inform the plaintiff that the vehicle was advertised on their website.
•LUXURY then prepared a sales contract, called a Retail Installment Sales Contract (RISC). On the RISC, LUXURY listed the sales price as $22, 200.34, which included a sales tax of $1,517.39. The Sales Price listed on the RISC was very different than the advertised price of $15,971.
•The New Jersey Motor Vehicle Advertisement Practices, N.J.A.C., 13:45A-26A.4(a)(2)(i) makes it an “unlawful practice” under the Consumer Fraud Act for any automobile dealership to refuse to “… sell... the advertised motor vehicle in accordance with the terms of the advertisement, unless the vehicle has been actually sold or leased during the period of publication…”
•Luxury engaged in Bait and Switch scheme.
•Luxury charged the plaintiff $600 for “TEMP TAG,” which is a bogus, false and fraudulent charge because the Motor Vehicle Commission of the State of New Jersey charges less than $100 for any temporary plates for a vehicle.
•Charging a fee ($600) and making a misrepresentation as to that fee constitute deceptive business practices in violation of New Jersey Criminal Code 2C:21-7(h)(Deceptive Business Practices), a fourth degree crime, by making “… a false or misleading written statement for the purpose of obtaining property or credit….”
•Charging a fee ($600) and making a misrepresentation as to that fee constitute theft by deception in violation of New Jersey Criminal Code 2C:20-4) (theft by Deception)., a third degree crime, which prohibits any person from obtaining any property by deception if he “purposely… [c]reates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind…” or “[p]revents another from acquiring information which would affect his judgment of a transaction…”
•Charging the plaintiff $199 for title and registration when the New Jersey Motor Vehicle Commission charges only $84 for registration and title.
•Charging $299 for an unknown fee referred to as “NSD, which was never explained to the plaintiff as she spoke little English.
•Charging $695 for “Guide Point GPS” which was never explained to the plaintiff.
•Charging a $495 “Documentation fees” in violation of the Motor Vehicle Sales Practices, which prevents motor vehicle dealer from charging such unreasonable fees without itemization.
•After the plaintiff became aware of the above charges, the plaintiff went back to the LUXURY dealership to seek a refund of the fraudulent charges.
•LUXURY, however, provided an “explanation” of the charges and fees in furtherance of its corrupt and unconscionable business practices in writing to the plaintiff.
•In a series of written notes, LUXURY’ssales and finance representativewrote as follows:
$15,971 (Sales price)
1,895 (Shop Fee)
299 (Etch) [Charged twice]
695 (Bank Fee)
489 (Doc’s & Title. NJ 250 Reg)
•Virtually NONE of the above charges are listed in the RISC.
•The complaint alleged that all the above charges and fees are part of a scheme devised by LUXURY, ANTONIO GUTIERREZ and their employees to engage in a state-wide corrupt business practice to illegal profit by fraud, deception, misrepresentation and dishonesty in violation of the aforementioned statutes, as well as the Consumer Fraud Act, and New Jersey civil RICO statute.
If you are a victim of any type of consumer fraud with this or any other business, don’t hesitate to call us for a free consultation.
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