A Bronx woman claims that a New Rochelle used car dealer engaged in deceptive trade practices by failing to disclose the true price of a car she bought last year.
Diamond Anderson is demanding $33,000 from MB NR Motors, in a complaint filed on Oct. 30 in U.S. District Court, White Plains.
Had the car dealer “provided complete and accurate disclosure of all terms, costs, finance charges and interest rates,” Anderson says, she “would not have agreed to purchase the vehicle.”
The used car lot is at Empire Hyundai of New Rochelle, 125 East Main St., and is one of 15 New York metropolitan area dealerships operated by Michael Brown of the Empire Automotive Group.
A year ago, the complaint states, Anderson saw an online advertisement for a used Nissan Rogue priced at $24,999. She made an appointment to view the car, but when she arrived the Rogue was no longer available.
Instead, she made a deal to buy a 2022 Hyundai Sante Fe. She claims she wanted to buy the car outright but was told she had to make a $15,260 down payment and finance the rest.
She was presented with an electronic tablet to sign and initial documents, according to her complaint, but was not given an opportunity to review the documents before signing. When she asked for copies, including a breakdown of the costs, she was told she would get them when she picked up the car.
Anderson took delivery of the car the next day and was given a copy of the electronically–signed Retail Installment Simple Finance Agreement.
She discovered that the cash price was $37,656, representing $12,657 more than the agreed upon price, her complaint states. Among the charges was $3,600 for a service contract she claims was not part of the deal.
Anderson is accusing the used car dealer of violating the federal Truth in Lending Act – requiring clear and conspicuous disclosures of the loan terms – as well as violations of the New York Motor Vehicle Retail Installment Sales Act and state laws prohibiting deceptive trade practices, false advertising, and fraud.
Hyundai New Rochelle sales manager John Carey did not reply to an email asking for the dealer’s side of the story.
Anderson is represented by Pearl River attorney Robert J. Nahoum.
