A Newnan woman says the used Lexus she got in trade for her broken-down Alfa Romeo SUV came with an invalid warranty, an expired temporary tag, and a string of unsettling text messages from the dealer who sold it to her. Keilah Bowles says she is now demanding a refund from Max Lots of Atlanta after months of disputes over the $3,295 warranty service contract, the vehicle's paperwork, and messages she says amount to threats.
Bowles traded in her Alfa Romeo SUV after it broke down, taking home a one-owner Lexus with 115,000 miles from Max Lots of Atlanta, a small used car lot in downtown Newnan that carries about a dozen vehicles, according to Atlanta News First. She says she lost $3,300 on the trade and is still making payments on a car that sits parked in her driveway because she cannot legally drive it. Her mother now drives her to work every day, the station reports.
Warranty Company Says It Never Authorized the Sale
Part of the deal included a $3,295 warranty service contract from Proguard, but Proguard has reported that Max Lots of Atlanta LLC is not currently authorized to sell Proguard products, according to the same report. West Dukes, who co-owns Max Lots of Atlanta, sold the Lexus without a passed emissions test, which is a misdemeanor under Georgia law. Under Georgia Code § 12-9-54, selling a vehicle without a valid, passing emissions inspection in one of the state's 13 covered metro counties, including Coweta County where Newnan sits, is a criminal offense carrying escalating fines, according to Justia Law.
Bowles's lender filed a complaint with the Georgia State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers last month, and Bowles's mother filed a separate complaint with the same board. The lender does not have the vehicle's title, and neither do Bowles or her mother, the station reports. The lender has said Max Lots has defaulted on its obligations and does not have legal authority over Bowles's account, and it told Bowles not to turn the car over.
State Rules Set Strict Deadlines for Titles and Tags
Georgia dealers are legally required to apply for a title in the buyer's name within 30 calendar days of a sale, while the temporary operating permits dealers issue expire after 45 days, according to the Georgia Department of Revenue. Bowles's temporary tag has already expired. Dealers who miss the 30-day title deadline also face a $10 state penalty plus an additional 5% Title Ad Valorem Tax penalty for every 30 days the application remains late, per Department of Revenue regulations.
Newly effective state law has also raised the stakes for dealers accused of this kind of conduct. Under House Bill 551, which took effect this year, the Department of Revenue can immediately suspend a dealership's access to the electronic temporary tag system if it issues permits for improperly titled or non-qualifying sales, according to reporting from The Generator. Separately, Senate Bill 293 raised the required surety bond for used motor vehicle dealers in Georgia to $50,000, up from $35,000, giving buyers a larger pool of money to claim against if a dealer defaults on its obligations, according to GeorgiaDealer.com.
Text Messages Turn Contentious After Complaints Filed
The dispute escalated after Bowles's mother posted a negative review of Max Lots and filed her complaint with the used motor vehicle dealers board. Dukes then sent Bowles a text message that read, in part, good evening, you can thank your mother for her actions, as she put a target on your back or file. In another message, Dukes wrote your mother crossed the line, and at this point, I no longer want to work with you, and told Bowles told you both to stay quiet as I tried to work the situation best I could.
Dukes admitted to sending the messages in a recorded call with Atlanta News First and accused Bowles of creating lies. He said he could not make every customer happy and that he had his attorney talk to their attorney, adding that Max Lots handled the situation as it was supposed to and that the business had looked out for Bowles and her mother. Dukes also said he would file something for defamation of character and promised a lawsuit. When Atlanta News First tried to question him, Dukes called the Newnan Police Department and said he did not want the press attention.
Licensing Status and Broader Complaint History
According to the Georgia Secretary of State's website, as cited by the station, Dukes is not a licensed car broker, though his business partner is. Max Lots of Atlanta has also failed a state inspection, was fined $1,050, and has several other complaints filed against it with the Georgia Attorney General's Consumer Protection Division, the station reports.
The dealer's troubles reflect a pattern that has drawn scrutiny statewide. Georgia court precedent holds that selling a used vehicle without a passing emissions certificate can constitute an unfair and deceptive trade practice under the Georgia Fair Business Practices Act, according to the Law Offices of T. Michael Flinn. That same law requires consumers to send a written 30-day demand letter before filing a lawsuit, giving a business a chance to settle before a buyer can allege bad faith, according to Poole Huffman LLC. The State Board of Registration of Used Motor Vehicle Dealers, meanwhile, holds authority under Georgia Code § 43-47-10 to investigate written complaints and to fine, suspend, or revoke a dealer's license for misrepresentation or failure to comply with title laws.
Hoodline previously reported on the broader wave of Georgia buyers stuck fighting expired tags and stalled title transfers in a title and tag paperwork nightmare piece, which detailed similar surety bond claims and complaints filed with state regulators and the Attorney General's office. It remains unresolved whether the Georgia State Board of Registration of Used Motor Vehicle Dealers or the Attorney General's Consumer Protection Division will take formal enforcement action against Max Lots, or whether Bowles's lender or attorney will pursue a bond claim or a Fair Business Practices Act lawsuit once the required notice period has passed.
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