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MADISON - ST. CLAIR RECORD

Friday, May 3, 2024

Suit alleges Swansea dealership refuses to honor vehicle warranty

Lawsuits

BELLEVILLE — A Swansea auto dealership is accused of refusing to honor a warranty on a vehicle that required a new engine less than a year after purchase. 

Gary Newman, III filed a complaint March 8 in the St. Clair County Circuit Court against Auffenberg Dealer Group Inc., alleging violation of the Illinois Consumer Fraud Act and breach of warranty. 

Newman alleges in his complaint that he purchased a 2018 Nissan Titan from Auffenberg on April 11, 2020, for $37,927.28 and received a trade allowance of $19,000. He claims the vehicle's odometer read 9,454 miles at the time of purchase and that he was told the vehicle had a manufacturer's warranty for 100,000 miles and seven years. Newman alleges that a few days after purchasing the vehicle, he found "multiple leaks in the radiator." He further alleges after Auffenberg supposedly repaired the radiator it still continued to leak. He also alleges the vehicle's horn would not work. Newman claims that on July 15, 2020, the vehicle began leaking coolant again even after the radiator had been replaced by Auffenberg. Then on Jan. 4, the vehicle allegedly began to run rough. Newman claims the vehicle requires a new engine, which the dealership refuses to replace. Newman claims the dealership still has possession of the vehicle while he continues to make car payments. 

Newman seeks compensation of more than $38,000 and all other just relief. He is represented by David Duree of David M. Duree & Associates PC in O'Fallon. 

St. Clair County Circuit Court case number 21-L-0218

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