Colorado man accuses Carvana of selling him stolen and damaged vehicle

A Colorado man has accused online used car retailer Carvana of selling him a stolen and damaged vehicle.


According to a July 30 lawsuit, filed in the U.S. District Court for Colorado in Adams County and reviewed by FOX Business, buyer Dennis Atencio paid $300 and financed more than $22,000 with the loan service. Acceptance Corp. to purchase a white 2019 GMC Terrain from Carvana on December 18, 2020.

Teleprinter Security Last Change Change %
CVNA CARVANA CO. 126.40 -8.83 -6.53%
HTZ HERTZ WORLDWIDE 6:31 p.m. -0.62 -3.28%

The complaint states that a repossession company called Anytime Towing showed up at Atencio’s front door on June 23, 2021 to remove the vehicle from its driveway. After Atencio explained to the repossess agent that he was up to date with his payments to Bridgecrest, he learned that the vehicle was being repossessed in the name of Hertz Corporation.

The suit accused Hertz of civil theft and trespassing on personal property, or using property without the owner’s permission.


Impounded in July

On July 29, 2021, Atencio was notified by the Denver Sheriff’s Department that the vehicle had been seized on July 22 and placed on hold by Memphis, Tennessee police.

A Memphis International Airport police report obtained and reviewed by FOX Business revealed that the vehicle was stolen from Hertz on May 6, 2020, several months before Atencio purchased it. A Hertz spokesperson told FOX Business it was aware of the situation and was investigating.

A CarFax vehicle history report revealed an odometer reading in Long Beach, Calif., on May 5, 2020. It also revealed that multiple titles had been opened on the car prior to Atencio’s purchase. Atencio was able to collect the vehicle on August 9 after showing its title and the CarFax report. He ordered an inspection of the vehicle on August 12.

FOX Business reviewed the vehicle condition report by SOS Inspections, which determined that the Terrain was deemed unsafe to drive due to damage from a previous accident that was improperly repaired. The report noted various flaws, including creased sheet metal, missing bolts and a bad radiator.


Scheduled Arbitration

Atencio’s attorney, Matthew Osborne, confirmed to FOX Business that a two-day arbitration hearing for the Carvana case is scheduled for the end of March.

“We want Carvana to be held accountable for their actions so they stop doing this to people. The only way to do that is to go to court,” Osborne said. “If we win at trial and it becomes public, then I hope Carvana executives hear the message and change their ways.”

Teleprinter Security Last Change Change %
CVNA CARVANA CO. 126.40 -8.83 -6.53%

Several inquiries made to Carvana by FOX Business were not returned.

The company’s website states that all of its vehicles undergo a 150-point inspection, which checks everything from tire tread depth to brake pad thickness and tire quality. exterior paint and Bluetooth compatibility. The company emphasizes that it does not sell cars that have been in a reported accident or have had chassis or structural damage.

The allegations come as Carvana has received more than 3,300 customer complaints over the past three years, of which more than 2,000 have been closed in the past 12 months, according to the Better Business Bureau.

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