Koons Complaint Lawyer – $22,465.50 for Tax Credit Misrepresentation
A Koons complaint filed after an EV tax credit misrepresentation in connection with a new Volvo purchase resulted in a $22,465.50 arbitration award obtained by Whitney, LLP against Asbury WMV, LLC d/b/a Koons Volvo Cars White Marsh (“Koons”) following an arbitration before retired Maryland judge. Car dealers that make incorrect and false representations to their customers can be held accountable through arbitration and lawsuits. Whitney, LLP’s car dealer complaint lawyers have experience holding many new and used Maryland car dealers responsible for their misrepresentations to consumer car buyers in a variety of claims in both arbitration claims and in court.
This blog describes the allegations made in the Statement of Claim filed against Koons, located in White Marsh, Maryland, and the Arbitrator’s findings that resulted in an award against Koons for (1) violation of Maryland’s Consumer Protection Act and (2) negligent misrepresentation, as well as (3) Koons being ordered to pay their customer’s attorney’s fees of $14,200.
As discussed in detail below, this case was about one central issue, an EV tax credit misrepresentation involving the sale of a new Volvo. Prior to the sale, Koons’ own “Certified Volvo Product Specialist” confirmed via email that our client’s purchase of a new Volvo XC60 would qualify for a $7,500 federal Clean Vehicle tax credit. However, when our client filed his tax return, the credit did not apply. When our client brought the problem to Koons’ General Manager, Koons refused to make him whole for its employee’s misrepresentation. Our client then search online and found Whitney, LLP’s lawyers to sue car dealers. After reviewing the facts, and determining that our client had a legitimate Koons complaint, we filed the arbitration against Koons.
As explained in this Koons complaint blog, this case is a reminder that Maryland car dealers can be held legally responsible when their employees make false representations. A manager refusing to take corrective action is just the beginning of fighting back and asserting your legal rights. Whitney, LLP’s attorneys fight back against car dealers that violate Maryland law.
Whitney, LLP’s auto fraud lawyers represent consumers across Maryland with all types of car dealer problems involving new and used car dealers, including Koons complaints against any of Koons’ dealership locations in White Marsh, Clarksville, Baltimore, Owings Mills, Catonsville, Westminster, and Annapolis.
Call us now at 410 583 8000 or use our online Quick Contact Form for your Free Maryland Car Dealer Case Evaluation.
Read about some of Whitney, LLP’s other car dealer case results, including:
- a $290,138.75 jury verdict against Carzlane and Ron’s Automotive,
- a $57,000 judgment against AMKO Auto, and a
- $35,843 judgment against National Auto in Waldorf, Maryland.
Of course, prior results do not guarantee future results, and all cases are different.
Watch Whitney, LLP’s YouTube Channel for more information on our past case results, Maryland law and other types of cases we handle.
After realizing that Koons’ salesman made a false representation in connection with the availability of a $7,500 EV tax credit, Koons’ customer hired Whitney, LLP to fight back, and won $22,465.50.
Koons Complaints After a New Volvo Purchase
In June 2024, our client was interested in purchasing a new Volvo XC60 Electric Vehicle with a specific configuration. Through an online search, he found a 2024 Volvo XC60 Recharge Polestar Engineered advertised for sale by Koons White Marsh that matched what he was looking for.
Our client contacted Koons, and Koons’ “Certified Volvo Product Specialist,” John D. began communicating with him about the vehicle. As part of those communications, John discussed the availability of a $7,500 electric vehicle tax credit for the purchaser of the vehicle.
This email shows where the Koons salesman confirmed in writing, prior to the sale, that the vehicle that Whitney, LLP’s client was interested in qualified for the $7,500 EV tax credit. When a dealer makes a representation, they can face legal consequences if it is false or if they do not honor it.
EV Tax Credit Misrepresentation in Writing
On July 1, 2024, Koons’ salesman John specifically confirmed in writing that the purchaser of the vehicle would qualify for the $7,500 tax credit. In reliance on that representation, our client decided to move forward with the purchase.
On or about August 8, 2024, our client flew from Louisiana to Maryland to buy the vehicle. Before signing anything, he testified that he again confirmed with John that the vehicle would qualify for the tax credit, and was again assured that it would. Our client testified that in reliance on those assurances, he purchased the vehicle for $71,800.
Whitney, LLP’s EV tax credit misrepresentation lawyers have experience addressing car dealer misrepresentations about EV tax credits for new and used vehicles. We have found that dealers often make representations about EV tax credit, for both new and used vehicles, that turn out to be incorrect, with their customer discovering the error only after their purchase.
This is one of Koons’ partial answers to an Interrogatory. Koons attempted to avoid responsibility for the tax credit misrepresentation by claiming it “is not a tax advisor and cannot offer tax advice.” The Arbitrator determined that “The misrepresentation was one of fact, not the rendering of tax or legal advice as argued by [Koons].” Whitney, LLP’s lawyers have found that Maryland car dealers often come up with a variety of questionable excuses to avoid responsibility for their actions and behavior.
Koons Customer Discovers the EV Tax Credit Misrepresentation
In February 2025, when our client prepared his taxes and went to claim the $7,500 tax credit, he learned the vehicle was not actually eligible for the EV tax credit when his CPA informed him that the vehicle did not qualify.
After doing his research, he discovered that Koons had misrepresented the availability of the EV tax credit for the particular vehicle he purchased. Importantly, he testified that he did qualify in all other capacities for the EV tax credit, including his income and other IRS qualifications.
This is an email from Whitney, LLP’s client to the Koons manager explaining that Koons’ salesman told him he would get the $7,500 EV tax credit. Koons’ manager’s response does not take accountability for the salesman’s false statement. It does not matter that the employee is gone from the dealership – Koons is still responsible for his actions within his scope of employment.
Koons’ General Manager Refused to Make the Customer Whole
Our client contacted Koons and spoke and emailed with Koons’ General Manager about his Koons complaint with the EV tax credit misrepresentation. Our client explained what had happened and forwarded the July 1, 2024 email in which John represented, in writing, that the vehicle purchase would qualify for the $7,500 tax credit.
However, Koons’ General Manager refused to take responsibility for his own employee’s written misrepresentation and refused to take any corrective action. Left with no other option, our client retained Whitney, LLP’s lawyers to sue car dealers to pursue his legal claims through arbitration.
Whitney, LLP’s lawyers for car dealer problems have handled many cases where car dealers ignore their customer’s complaints, even when those complaints are legitimate and the dealer has violated Maryland law. It is important for Maryland consumers to understand that they have many legal rights and can fight back against car dealers who violate Maryland law.
Koons Complaint Arbitration Result – $22,465.50 Awarded to the Consumer
Whitney, LLP’s Koons complaint lawyers filed a Statement of Claim against Koons alleging violation of Maryland’s Consumer Protection Act and negligent misrepresentation. Following an evidentiary hearing, at which our client testified and documentary evidence was introduced, the Arbitrator found that Koons’ Certified Volvo Product Specialist represented as fact, not as tax advice, that the vehicle qualified for the credit, that the representation was false, and that Koons was liable for its employee’s conduct.
The Arbitrator awarded damages as follows:
- $7,500 in economic loss for the lost tax credit;
- $500 for emotional distress; and
- $14,200 in attorneys’ fees, plus $265.50 in expenses.
Total: $22,465.50 Arbitration Award Against Koons
Maryland’s Consumer Protection Act – Explained
In our client’s Koons complaint involving the EV tax credit misrepresentation, Whitney, LLP’s auto fraud lawyers argued that a car dealer’s specific, repeated representations that a vehicle qualifies for a federal tax credit, when it does not, is a deceptive trade practice under Maryland law. The Arbitrator agreed with Whitney, LLP, and found Koons in violation of Maryland’s Consumer Protection Act.
Maryland’s Consumer Protection Act protects consumers against unfair and abusive trade practices. Read Whitney, LLP’s blog on the Consumer Protection Act for more information.
The following are some of the unfair, abusive or deceptive trade practices prohibited in Maryland:
- False, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind which has the capacity, tendency, or effect of deceiving or misleading consumers;
- Representation that consumer goods have a characteristic, use, or benefit which they do not have;
- Failure to state a material fact if the failure deceives or tends to deceive; and
- Deception, fraud, false pretense, false premise, misrepresentation, or knowing concealment, suppression, or omission of any material fact.
Every Maryland new and used car dealer is required to comply with the Consumer Protection Act. Whitney, LLP’s EV tax credit misrepresentation lawyers have experience holding Maryland dealers responsible for their misrepresentations in violation of the Consumer Protection Act.
Negligent Misrepresentation in the Koons Complaint
In addition to the Consumer Protection Act claim, the Arbitrator found Koons liable for negligent misrepresentation.
To prove negligent misrepresentation against a car dealer, a claimant generally must show:
- The dealer owed a duty of care in making representations to the customer
- The dealer negligently asserted a false statement
- The dealer intended the customer to rely on the statement
- The customer justifiably relied on the statement
- The customer suffered damages as a result
Here, Koons’ own certified product specialist made the false representation about the tax credit. The Arbitrator found our client’s Koons complaint legitimate and that Koons made a negligent misrepresentation.
Koons Complaints and Asbury Complaints
Koons, formerly known as Jim Koons Automotive Companies, was purchased by Asbury Automotive Group in a $1.2 billion deal and today operates roughly 20 dealership locations across Maryland, Virginia, and Washington, D.C., under brands including Volvo, Toyota, Ford, Mercedes-Benz, Hyundai, Kia, Chevrolet, Buick, GMC, Jeep, Dodge, Chrysler, and RAM.
If you purchased a vehicle from any Koons dealership – whether Koons Volvo Cars White Marsh, Koons White Marsh Chevrolet, Koons Owings Mills Kia, Koons Ford, Koons Toyota, Koons Hyundai, or another Koons or Asbury Automotive Group location in Maryland, and a salesperson or finance manager made a representation about price, financing, an incentive, a tax credit, a trade-in value, or any other representation that turned out not to be true, you may have a Koons complaint that Whitney, LLP’s Koons complaint lawyers can help with.
Common car dealer problems that Whitney, LLP’s attorneys help Maryland car buyers resolve include, but are not limited to:
- misrepresented tax credits or incentives,
- bait-and-switch pricing,
- forgery,
- tilting and registration problems,
- undisclosed prior commercial use and short-term rental use,
- hidden trackers installed on cars,
- undisclosed prior damage or unrepaired collision damage,
- financing and Spot Delivery problems,
- illegal fees and add-on products, and
- failing to honor written promises and verbal representations made during the sale.
Daniel W. Whitney, Jr. and Daniel W. Whitney of Whitney, LLP
Koons Complaint Lawyers – Whitney, LLP
If you have a Koons complaint, Asbury complaint, or a complaint against any Maryland new or used car dealer, Whitney, LLP’s auto fraud lawyers may be able to help. We have successfully represented hundreds of clients in car dealer complaints against new and used Maryland car dealers.
Call us now at 410 583 8000 or use our online Quick Contact Form for your Free Maryland Car Dealer Case Evaluation.
CONTACT WHITNEY, LLP
Daniel W. Whitney, Jr., Esq.
Whitney, LLP
409 Washington Ave, Ste 750
Towson, MD 21204
Phone: 410-583-8000
Email: info@whitneyfirm.com
Website: https://www.whitneyfirm.com
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee future results, and all cases are different.
