Lewis v. Bob Brest Buick, Inc.

This is an action for deceit, breach of warranty and unfair and deceptive practices in violation of G.L. C.93A which purportedly attended the plaintiffs purchase of a used motor vehicle from the defendant. The plaintiffs sole contention is that the defendant’s salesman allegedly misrepresented the actual “value” of the used car in quoting its sales price to the plaintiff.

The defendant filed a Dist./Mun. Cts. R.Civ. P., Rule 12(b)(6) motion to dismiss the plaintiffs complaint for failure to state a claim upon which relief could be granted. The three counts of the complaint in question are…