AG Sues Cleburne County Boat Seller
By: Greg Yarbrough
Updated: January 7, 2013
Attorney
General Dustin McDaniel today filed a consumer-protection lawsuit against a
Cleburne County business accused of failing to turn over proceeds of
consignment sales to former owners of watercraft the business had sold.
Edgemont
Marine and owner Gary Eubanks enter into contracts with consumers who wish to
sell their personal watercraft. Eubanks agrees to display the boats at his
business and sell them on consignment on behalf of the original owner,
typically for a 10 percent commission. However, McDaniel's complaint alleges
that Eubanks has kept all the money from watercraft sales for himself in at
least three instances.
These
actions leave the selling owner with no proceeds from the sale and the buyer
with no clear title to the boat, according to McDaniel's complaint.
"Consumers
who wish to sell their property on consignment should have the assurance that
they will receive what is owed to them, and buyers need to know their
transactions are legitimate," McDaniel said. "This is no way to run a business
in our State."
According
to the complaint, Eubanks contacted consumers who were selling their watercraft
on the website Craigslist and offered to sell the watercraft by consignment.
Eubanks also used newspaper and radio advertisements to promote his business.
The
Attorney General accused Eubanks and Edgemont Marine of violating the Arkansas
Deceptive Trade Practices Act. McDaniel asked the court to order Eubanks to
stop the illegal practice and pay restitution and costs.
The
complaint was filed in Pulaski County Circuit Court.
