Kyle Barnett Apr. 8, 2013, 12:54pm

NEW ORLEANS –A large Texas automobile dealership is being sued for supposedly selling a couple a used car that was not actually in the “like new condition” as it was advertised.

Thomas Kent Morrison and Jennifer Schiele Morrison filed a lawsuit against Left Gate Property Holdings Inc. and Texas Direct Auto in the Orleans Parish Central District Court on Feb. 5.

The plaintiffs claim that they agreed to buy a car the defendants advertised as a 2011 Infiniti QX56 in “like new condition” with an existing and valid factory warranty and came equipped with power seating, memory seating and a DVD entertainment system.

According to the suit, plaintiffs purchased the vehicle only to find it was not in the advertised condition, but had been wrecked prior to purchase causing damage to the vehicle’s hood, undercarriage, structure, doors, side panels, wiring harness, electronic system and had no factory warranty.

The defendant is accused of being in violation of both Texas and Louisiana Deceptive Trade Practices Act, fraud, deception, misrepresentation, intentional or negligent inducement and advertisement, knowingly and negligently making false or misleading claims and failure to disclose material information.

The plaintiffs are seeking recession of the sale of the automobile, reimbursement of the purchase price of the automobile, expenses to procure financing for the vehicle, travel expenses, repair expenses, inspection expenses, loss of use and diminution in value.

Morrison’s will be represented by attorney James Johnston Morrison Jr. of Metairie.

This case has been assigned to Division F Judge Christopher J. Bruno.

Case no. 2013-01111.

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