TAMPA, Fla. – A Hillsborough County couple has filed a “Class Representation” lawsuit against now-defunct Auto Rush, LLC, an automotive dealership that was located at 4182 Hillsborough Avenue.
James Cardamone of Tampa was its registered agent and appeared to have other recently defunct companies. Western Surety Company is also a Defendant in the case as the dealership’s insurance firm.
This is a case ideally suited to warn consumers to review the details of their paperwork and documents while purchasing a car and heeding the warning signs of unscrupulous dealership activity.
On June 17, 2020, Ms. Kristal Jadish Ortiz Vega, the lawsuit’s Plaintiff, arrived at Auto Rush with her husband in response to two advertisements promoting a 2004 Infiniti FX35 for sale. The vehicle’s list price was $4,000. One ad touted “no mechanical issues” and “fully loaded.” However, proof of this ad’s content is in process as Mrs. Ortiz Vega could not immediately provide a copy of it.
When the couple arrived at Auto Rush, they were told the car had “no engine issues” and a repaired transmission after a full inspection. The dealership also allegedly claimed the car “drives great.” Ms. Vega purchased the car.
However, trouble immediately began.
A “dealer fee” of $250.00 was charged without complying with Florida law. On all auto sales contracts, a predelivery service fee or dealer fee must be accompanied by the statement, “This charge represents costs and profit to the dealer for items such as inspecting, cleaning and adjusting vehicles, and preparing documents related to the sale.” Ms. Vega’s sales contract did not include this disclosure. Further, she was also charged a “processing fee” of $160.00 without the required disclosure. The dealership then charged $349.00 to secure a new vehicle tag.
Ms. Vega then paid $3,000 down on the vehicle, which left a balance of $2,184.00. She was told she could pay off the remaining balance in 30 days or extend her pay-off and provide $60.00 to the dealership for a temporary tag. The dealership also assured her that within 100 days, she could use the down payment on the Infiniti to upgrade to a better vehicle.
But after signing the sales contract, Ms. Vega drove the car off the lot and called from home to tell the dealership it wouldn’t switch gears and exhibited a loud noise. The dealership told Ms. Vega to return the car for repairs, stating it would take four days to correct the problems.
However, the couple arrived four days after discovering the car had not been repaired and that it would not be accessible to them unless they paid an additional $500.00. Feeling she had no choice, Ms. Vega paid the sum demanded. The dealership then claimed they could repair the car in one day.
Upon leaving the car lot, Ms. Vega noticed the keys were left in the Infiniti. The next day, a worse nightmare unfolded.
When she and her husband returned the next day to retrieve the repaired vehicle, the car was nowhere to be found. Auto Rush confessed it had been towed as its other cars were being removed, then refused to reimburse Ms. Vega’s $500.00 repair payment, even though they admitted they hadn’t even repaired the vehicle.
Ms. Vega retrieved the vehicle from the towing company but found the keys were missing. They were forced to spend another $255.00 for a locksmith. The dealership said there was illegal activity going on, resulting in several sets of keys missing from vehicles but refused to cooperate with Ms. Vega to find them.
Thereafter, the vehicle was inspected by a local repair shop. The price tag to fix the transmission would run between $2,000 to $3,000 to fix. Bad control arms, which made the car ride like a trampoline, would cost more.
According to the lawsuit, Defendant Western Surety Company representing Auto Rush was not helpful. A request for an investigation was allegedly met with no response.
Counts against the Defendants combined include Unfair and Deceptive Trade Practices and Breach of the Motor Vehicle Dealer Bond, Fraud in the Inducement, Fraudulent Concealment, and Violations of the Florida Motor Vehicle Repair Act.
However, questions remained while conducting a review of this case, which found that the car was sold “as-is” and with no warranty. Ms. Vega’s car salesman, a man named Amir, was the alleged perpetrator who conducted illegal activity at the dealership. Amir seems to have continued to deceive Ms. Vega about helping her get another car.
Roger D. Mason and Autumn Carey of St. Petersburg are the attorneys for Ms. Vega. Neither could be reached for comment.