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Car buyer secures settlement from Milwaukee Nissan dealer

By: Cristina Janda//November 16, 2012//

Car buyer secures settlement from Milwaukee Nissan dealer

By: Cristina Janda//November 16, 2012//

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Rosen Nissan Inc., an auto dealer at 5505 S. 27th Street in Milwaukee, reached a settlement agreement in a lawsuit filed in Milwaukee County Circuit Court alleging violations of the Wisconsin Consumer Act.

Under the agreement, Rosen Nissan agreed to pay a total of $35,029, consisting of $3,650 for the plaintiff’s damages, $10,500 for the plaintiff’s attorney fees and $20,879 to be paid to the co-defendant, Landmark Credit Union, for the balance the plaintiff owed on an auto loan.

According to the complaint, Paul Simko purchased a 2010 Nissan Versa from the dealer July 2, 2010. The full purchase price was $18,134.90 plus sales tax of $424.75, and title, loan filing and license plate fees of $99, a service contract of $2,000, a GAP agreement of $750, a tire plan of $600, and other charges. Simko applied manufacturer rebates in the amount of $2,000 and financed the balance of the purchase price.

The purchase agreement between Rosen Nissan and Simko reportedly contained terms and conditions by which Rosen Nissan could assign the agreement and that its assignee would be subject to all claims and defenses Simko could assert against Rosen Nissan arising out of the sale of the vehicle. The agreement later was assigned to Landmark Credit Union.

Problems subsequently arose regarding the auto loan. Rosen Nissan allegedly completed a credit application for Simko’s purchase of the Nissan Versa. However, that credit application allegedly contained false, misleading, and deceptive statements or representations regarding Simko’s income, employment and total down payment.

Simko claimed he had advised Rosen Nissan that he was disabled and his sole source of income was Social Security payments in the sum of $615 per month.

Simko claimed in the complaint that Rosen Nissan’s false statements included: Simko’s employment status was three years, Simko’s annual salary was $38,000 and Simko made a $1,000 cash down payment on the vehicle.

Rosen Nissan allegedly submitted the falsified credit application to potential creditors to obtain financing for the sale of the vehicle to Simko. Rosen Nissan then reportedly represented to Simko that the financing for his purchase of the Nissan Versa had been approved based upon his Social Security disability income in the sum of $615.

Simko then entered into the purchase transaction for the vehicle, based on Rosen Nissan’s representations. Simko reportedly made payments to Rosen Nissan and Landmark Credit Union as a result of the purchase, causing him to suffer a monetary loss.

The plaintiff’s claims included violations of Wis. Stat. § 425.107, § 100.18, § 218.0116, § 895.043. He demanded judgment against the defendants for damages pursuant to Wis. Stat. § 425.305 and § 425.303, rescission of the purchase agreement and refund of all money paid under the contract, a determination that the purchase agreement was void and unenforceable as to the plaintiff, costs and expenses and attorney fees under Wis. Stat. § 425.308, damages pursuant to Wis. Stat. § 100.18 and § 218.0163(2), punitive damages pursuant to Wis. Stat. § 895.043, and prejudgment interest.

The defendants denied the plaintiff’s claims and asserted that the plaintiff’s own negligence cause his alleged damages.

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