LIMA, Ohio (WCMH) -- After a woman's vehicle was repossessed by a dealership in Lima, she decided to take a unique form of retribution.
Tiah McCreary purchased a vehicle from Taylor Kia of Lima in February 2024. She signed the paperwork with the finance manager, which included an agreement to settle legal disputes through arbitration, according to court documents.
EV automaker sues Ohio over direct sales ban, wants to sell like TeslaShe applied for financing through Global Lending Services with the help of the finance manager and received a preliminary loan approval for the required amount.
McCreary left the dealership in a 2022 Kia K5, but GLS later determined that her income information was not sufficient to complete the loan, according to the documents. Because she no longer had the financing, in March, the dealership repossessed the car.
The woman was exploring her legal options when she noticed that the name "Taylor Kia of Lima" was no longer registered with the Ohio Secretary of State's Office because Taylor Cadillac did not submit a renewal application, according to documents. McCreary decided to register "Taylor Kia of Lima" under her name.
McCreary sent a cease and desist letter to the dealership, informing it that the name was registered to her.
She then filed a complaint against Taylor Cadillac -- which opened the Kia dealership in 2012 -- and the lending company, accusing them of violating the Consumer Sales Practices Act. Months later, Taylor Cadillac and GLS filed a motion for arbitration and included an arbitration agreement signed by McCreary.
Report rates Ohio Supreme Court as ‘poor’ when it comes to gift disclosuresIn October 2024, a trial court granted Taylor Cadillac's motion for arbitration and dismissed the case without prejudice, court documents show.
McCreary appealed later that month and argued that her signature was placed on the arbitration agreement without her knowledge and that it was invalid because the "Taylor Kia of Lima" name was not registered. She also argued that the arbitration agreement for purchasing a vehicle should not apply to the use of "Taylor Kia of Lima," which was now registered to McCreary.
Judge John R. Willamowski ruled that McCreary should have known she was signing an arbitration agreement and noted that the arbitration agreement stated it was between the purchaser and "Taylor Automotive Group, which includes Taylor Cadillac...," therefore, the agreement was valid.
However, the judge did rule that the dispute over the use of the name "Taylor Kia of Lima" does not fall within the scope of the arbitration agreement because it is not related to the purchase of the vehicle.
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The judge remanded the case back to the trial court for further proceedings. Judge Juergen A. Waldick and Judge William R. Zimmerman concurred with Willamowski's opinion.
A scheduling conference is scheduled for Aug. 18 to determine the next steps in the case.
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