Attorney Jason Harrington obtained a defense verdict in King County Civil Arbitration in a highly contested Auto Dealers Act, Consumer Protection Act, UCC, breach of warranty, and breach of contract case. Plaintiffs sought over $140,000 in damages plus attorneys’ fees as a result of alleged defects and deceptive practices in the sale of a used 2012 auto with approximately 80,000 miles on it. The arbitrator found that the alleged defects were not a part of the initial sale of the vehicle and arose later after Plaintiffs had possession of the vehicle. The arbitrator denied the Auto Dealer Act claim on grounds that there must be more than a private dispute, i.e. some sort of public disclosure or communications, which there was not; and there was no deception because the dealership replaced the sunroof and made further attempts to fix and test it. The arbitrator further found that Plaintiffs could not prevail on their Automotive Repair Act claim because consumers cannot go to the dealership for repairs for just any car. The dealership only services cars it sells. The dealership is therefore not a repair facility within the meaning of ARA and that claim was denied. Finally, the arbitrator found that the UCC claim failed because the car was fit for use for its ordinary purpose and therefore did not violate Washington’s UCC.

Way to go Jason and everyone else on the arbitration team for a wonderful result for our client.

Preg O’Donnell & Gillett is a full-service litigation firm that represents automobile dealerships throughout Washington and Oregon. If you have any questions, please contact William Cornell or Jason Harrington with any questions at (206) 287-1775.