Capital One and Adams each filed separate motions to dismiss all pending claims pursuant to the North Carolina Rules of Civil Procedure, Rule 12(b)(6) on 20 January 2015 and 2 February 2015, respectively.ĭefendants' motions to dismiss were heard on 16 March 2015. Capital One did not answer Plaintiffs' complaint. Plaintiffs averred Capital One had failed to disclose the condition of the vehicle prior to selling it to Adams at auction.ĭefendant Adams filed an answer to Plaintiffs' claims. On 4 December 2014, Plaintiffs filed an amended complaint, in which they added Capital One as a party-defendant to all claims, except for tortious breach of contract. Plaintiffs alleged claims against Adams for: (1) fraud (2) tortious breach of contract (3) civil conspiracy (4) unfair and deceptive trade practices, pursuant to N.C. Plaintiffs filed a complaint against Adams on 13 March 2014. The specific cost of actual repairs to the vehicle itself was not disclosed. According to the report, a claim on the policy covering the vehicle was filed on 22 June 2012 and $7,539.00 had been paid out for property damages on that claim. Plaintiffs contacted their insurance agent, who produced an auto loss history report on the vehicle. Plaintiffs brought the vehicle to Hendrick Honda for repairs, where it was discovered a motor mount and an antilock braking system (“ABS”) modulator valve were broken. Plaintiffs allegedly first learned the vehicle had previously sustained frame damage through an “AutoCheck report” at this time. Plaintiffs took the vehicle to Hickory Used Car Superstore to explore trading it in for another vehicle.
The vehicle began to experience various mechanical problems sometime after the date of purchase. Plaintiffs signed a Buyer's guide “As Is-No Warranty” disclosure and agreement as part of their sales contract to purchase the vehicle. Adams also provided a “Carfax report,” which stated the vehicle had two previous owners and no accident or damage had been reported to Carfax.
The salesperson purportedly told Plaintiffs, to the best of his knowledge, the vehicle had not been involved in a collision or other occurrence to the extent that the cost of repairs exceeded 25% of the vehicle's fair market value. Plaintiffs purchased the vehicle from Adams for $15,843.70. It was announced during the auction, and prior to sale, that the vehicle had sustained frame damage. Capital One subsequently repossessed the vehicle after the Freemans declined to retake possession of the vehicle after it was repaired.Ĭapital One sold the vehicle to Adams at an Automotive Dealer Exchange Services of America (“ADESA”) auction in Charlotte, North Carolina on 20 September 2012. The vehicle was involved in a collision in June 2012. The Freemans had financed their purchase of the vehicle through defendant, Capital One. The vehicle was previously owned by the Freemans, who are not a party to this action. Plaintiffs purchased a used 2010 Honda Civic automobile (“the vehicle”) from defendant, Adams Auto Group (“Adams”) on 18 January 2013. We affirm in part, reverse in part, and remand. Sain (“Plaintiffs”) appeal from order allowing the motions to dismiss of Adams Auto Group, Inc. Heard in the Court of Appeals 3 December 2015. McKelvey, for defendant-appellee Capital One, N.A.Īppeal by plaintiffs from order entered 28 April 2015 by Judge Hugh B. Kearney, for defendant-appellee Adams Auto Group, Inc. and Capital One Auto Finance, Inc., Defendants. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of the Club is not permitted.Lisa G.
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