AG Sues Dealer Over ‘As-is,’ Title Violations

By Staff Writer November 19, 2023

Pennsylvania Attorney General Michelle Henry filed a lawsuit against a Delaware County-based used vehicle dealer for not disclosing issues with vehicles sold “as-is,” and failures to provide buyers with title documentation.

The suit against Real McKoy Auto Sales, LLC and owner, Ervin McKoy, alleges that the dealer repeatedly violated automotive and consumer protection laws, and seeks to prohibit further sales in Pennsylvania.

The Office of Attorney General previously sued Real McKoy for selling vehicles without required licenses.

“This dealership continues to break consumer protection laws and take advantage of buyers who rely on vehicles to complete their everyday errands like picking up groceries, going to doctor’s appointments, and getting to and from work,” Henry said. “Pennsylvanians are spending thousands of hard-earned dollars for a vehicle they can rely on; they should not be left stranded shortly after the purchase.”

Regarding the latest lawsuit, numerous consumers alleged that vehicles that they purchased either broke down, or were deemed unsafe to drive, only days after they purchased them from Real McKoy. 

One Pennsylvania consumer paid over $5,000 dollars for a used car only to have it overheat the next day due to a poorly repaired hole in the engine. Another consumer paid over $3,000 for a vehicle but cannot register her car because they never received proper title documentation.

The lawsuit asserts that the dealership engaged in unfair and deceptive acts and practices in violation of the Consumer Protection Law. The lawsuit requests the following relief from the court:

  • A permanent injunction prohibiting Defendants from engaging in business involving the sale of motor vehicles in Pennsylvania;
  • Payment of restitution to all people who have suffered losses as a result of the defendants’ conduct; and
  • Payment of civil penalties of $1,000 for each violation of the Consumer Protection Law and $3,000 for each violation involving a consumer 60 or older.

The attorney general previously sued Real McKoy and Ervin McKoy in 2016 in the Philadelphia Court of Common Pleas alleging that they were selling used vehicles without appropriate vehicle dealer and salesperson licenses. The litigation was resolved in 2017 through entry of a consent judgment that required Real McKoy and its owner to comply with the Unfair Trade Practices and Consumer Protection Law.

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Last modified on Monday, 27 November 2023 12:13