Company that allegedly falsified condition of 1959 Mercedez Benz fails in motion to have case dismissed

By Charmaine Little | Nov 30, 2018

ST. LOUIS — A company that allegedly falsified a car’s features failed to get the buyer’s case against it dismissed in the U.S. District Court for the Eastern District of Missouri, Eastern Division.

U.S. District Judge Henry Edward Autrey ruled on the case.

The defendants, Auction Holdings and Acquisitions, Inc., and G.E.A.R.S., describe themselves as a “luxury and exotic auto remarking firm specializing in wholesale and retail automotive remarking solutions as well as direct order acquisitions,” according to the lawsuit. They also have promoted themselves as having incomparable services and quality standards compared to traditional retail.

The lawsuits originates from an ad for a classic 1959 Mercedez-Benz the defendants claimed was unmatched in quality and an exceptional find. They claimed only four major things needed to be fixed and insisted it was completely restored two decades ago.

The plaintiffs, Joseph and Elizabeth Walsh, bought the car for $125,000 only to find its condition allegedly worse than the defendants had claimed. Mr. Walsh tried to return the car but G.E.A.R.S. refused.

In the resulting lawsuit—and motion to dismiss—the court determined the plaintiffs had sufficiently filed their claims for breach of contract and breach of warranties.

“The first amended complaint includes all the essential elements of an enforceable contract,” the court determined. The “plaintiffs’ offer to purchase the car as described, defendants’ acceptance of that offer and the purchase price of $125,000.”

While the defendants argue the specifics of the contract, the court said such issues would not be assessed at the current stage of the case, and denied the motion to dismiss.

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