Car dealer claims $17K loss when couple traded in vehicle that was not paid off

GRETNA – A local car dealership is suing a couple it claims traded in a vehicle that was not paid off, which resulted in a loss.

Harvey Ford LLC and Don Bohn filed suit against Joseph Simmons Jr. and Mary L. Pembric-Simmons in the 24th Judicial District Court on Jan. 17.

Harvey Ford LLC and Don Bohn claim that Simmons Jr. traded in a 2009 Ford Flex at its car dealership located at 3737 LaPalco Blvd. in Harvey on Jan. 14, 2013 towards the purchase of a specially ordered 2013 Ford Flex LTD. The 2013 Ford Flex was custom produced for a cost of $50,238.28 and the trade-in of the 2009 Ford Flex was valued at $17,500 so the defendants only paid $29,085.79 for the vehicle. However, after the vehicle sale and transfer was competed Harvey Ford LLC and Don Bohn found they were responsible for paying off $16,847.56 owed to Navy Federal Credit Union by the defendants. Because of the loan they paid off, the plaintiffs allege the initial purchase agreement was written in error and that the defendants’ balance due at the time of sale should have been $45,933.35, not $29,085.79.

The defendant is accused of breach of contract.

An unspecified amount in damages is sought for full amount of $16,847.56 paid off on the trade-in vehicle, legal costs and attorney’s fees.

The plaintiffs are represented by Donna Bramlett Wood of New Orleans-based McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC.

The case has been assigned to Division G Judge Robert A. Pitre Jr.

Case no. 734-718.