Sat | Oct 16, 2021

Businessman sues car dealer over failure to deliver vehicle

Published:Wednesday | October 13, 2021 | 11:33 AM
The case is set for hearing on January 21 next year.

A suit has been filed by St Mary businessman Dennis Brown against St Andrew-based Singh's Motors Limited over its alleged failure to deliver a motor car within the specified time.

Brown is claiming that his deposit of $1 million should be refunded to him because of the purported breach of contract.

Attorney-at-law Tamiko Smith, of the law firm RamsaySmith, who is representing Brown, said today that the suit was filed on September 29 in the civil division of the  Kingston and St Andrew Parish Court.

Smith said the defendant was served with the court documents the next day.

The case is set for hearing on January 21 next year.

Brown states that on July 12 this year he and the defendant entered into a written contract in relation to a 2015 Toyota Probox motor vehicle for $1.2 million.

The deposit was $1 million and he paid it by a bank transfer and received a receipt.

He said in court documents that the defendant assured him that the delivery of the motor vehicle would be on or about July 15.

Several visits and telephone calls between July 15 to September 29 for the defendant to deliver the motor vehicle or refund the money have proved futile.

Brown says that because of the alleged breach of contract, he has suffered loss, damage and distress.

He states that he will be relying on documents including the sales agreement, proforma invoice, receipt dated July 12, letter of demand from RamsaySmith dated September 15, 2021 and WhatsApp message from RamsaySmith sent to the defendant on September 27.

The claims being sought against the defendant include damages for breach of contract, interest on the judgment sum of $1 million and legal costs.

-  Barbara Gayle

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