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They repossessed her car, she took their name: Ohio woman’s legal revenge stuns dealership
Notebook Check ^ | 31 July 2025 | David Odejide

Posted on 08/01/2025 12:34:17 PM PDT by ShadowAce

An Ohio-based Kia dealership is fighting to get its name back after a woman whose car was repossessed hijacked the appellation. The matter is the subject of a court case.

A Kia dealership that got on the wrong side of an Ohio woman has approached the courts to regain its name after she snatched it. The dispute started with a repossessed car.

The dealership, formerly known as “Taylor Kia of Lima,” took back Tiah McCreary’s car in just one month. The dealer sold her a used Kia K5, but claimed in court documents that it was later determined that the McCreary did not provide sufficient information for loan approval.

McCreary found the perfect chance to pull off the automobile revenge of the century while considering her legal options. She discovered that the dealer had not renewed its company name with the Ohio Secretary of State and swooped in by registering it in her name. McCreary then slammed the dealer with a cease-and-desist letter asking them to stop trading with the name.

Faced with an impending identity crisis, the dealer enlisted the help of the courts to wrestle back the name. It argued that an arbitration clause in the purchase contract rendered McCreary’s demand invalid, to which a judge agreed. However, the Third District appeals court had a different view; the arbitration clause only applied to the repossession, and not the tussle over the “Taylor Kia of Lima” moniker.

According to the ruling, the “claim is a separate matter that could be pursued independently of the other claims in the complaint that address the consumer transaction at issue.  Since this claim does not fall within the scope of the arbitration agreement, this claim should not have been dismissed and sent to arbitration.”

The parties are back in the lower courts for another round of legal sparring.


TOPICS: Business/Economy; Weird Stuff
KEYWORDS: carma; lima; taylorkia; tiahmccreary
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To: Jonty30

They tried that with one of my friends.
He told them to “F-— off” and call his lawyer if they had an issue.


21 posted on 08/01/2025 1:11:04 PM PDT by Aeneas2112 (Sometimes by losing a battle you find a new waA veryh y to win the war. Donald Trump)
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To: ShadowAce

It should be illegal to sell a car under pre-approval conditions.

It is hilarious she was able to take their name.


22 posted on 08/01/2025 1:15:03 PM PDT by jacknhoo (Luke 12:51; Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
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To: BenLurkin

Freegards BenL!

So, if I understand correctly, the dealership is backing out of the financing and repossessed the car. The obvious question is, why not ask her for the additional information? But you are saying that dealer is just using some legalese for a legal way out of selling the car to her.

I am no lowyer though I am lowdown, but I will guess and predict that the dealer will win on the car repossession, the lady will win on the name registration and the lowdownyers will all win win win $$$$$$$$$!


23 posted on 08/01/2025 1:22:58 PM PDT by BDParrish ("Do you see the CRJ)
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To: Quality_Not_Quantity

“an uncommon tactic to let people take possession of a car under preliminary terms, then come back later and say ‘sorry, you didn’t qualify for THAT loan, but here’s what we can do to for you now.”

“BINGO”


24 posted on 08/01/2025 1:35:31 PM PDT by Kartographer (“We Mutually Pledge To Each Other, Our Lives, Our Fortunes And Our Sacred Honor”)
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To: ShadowAce

If you are financing a car, you almost always sign a form which says “if there’s a problem with the loan you have to immediately pay for the car or bring it back”. Crooked dealers use it to get you to initially sign for terms they know the bank won’t approve and stick you with a much worse loan the next day.


25 posted on 08/01/2025 1:43:28 PM PDT by KarlInOhio (I refuse to call the left "progressive" because I do not see slavery to the government as progress.)
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To: BenLurkin

Used to sell cars. Cars don’t get delivered unless down payments and or bank loans are approved.

Once the bank approves, its on the BANK if the person shouldn’t have qualified.

The Bank would have to pursue legal action, but NO WAY should the dealer be able to repossess the car.


26 posted on 08/01/2025 1:50:35 PM PDT by faucetman (Just the facts, ma'am, Just the facts )
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To: ShadowAce

They were too anxious to sell her the car they never bothered to vet the application. Tuff on them.


27 posted on 08/01/2025 2:15:02 PM PDT by SkyDancer ( ~ Am Yisrael Chai ~)
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To: ShadowAce
Sweet! You go girl!

28 posted on 08/01/2025 2:23:37 PM PDT by Governor Dinwiddie ( O give thanks unto the Lord, for He is gracious, and his mercy endures forever. — Psalm 106)
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To: ShadowAce

Mentioned this debacle to a car dealer. He gave me a little insight.

Dealerships have relationships with various lenders. These lenders give them “guidelines” to follow when selling outside of banking hours. A credit score from this to this, income of this, and you can calculate whether or not they qualify and for what interest rate. Problems occur when...

The customer lies about income.

The customer has a drastic change in their credit score.

The financing company changes their guidelines over the weekend.

Those are the LEGITIMATE problems that occur. On the slimy side, other reasons a deal needs to be renegotiated...

Math errors. Yep, even with computers, the finance guy at the dealership occasionally makes mistakes.

Greed. There is a financing deal with a much larger kickback to the dealer out there and they are trying to move the deal to that plan.

A better offer. Someone else wants the car and will pay considerably more for it. If they increase their take on the financing OR get the customer to give back the car so they can sell it to the other customer, they win either way.


29 posted on 08/01/2025 2:41:22 PM PDT by Crusher138 ("Then conquer we must, for our cause it is just")
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To: BenLurkin

They let her take the car home. They chose...poorly


30 posted on 08/01/2025 2:44:58 PM PDT by AppyPappy (If Hitler were alive today and criticized Trump, would he still be Hitler?)
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To: ShadowAce

So first she welches out on paying what she owes for the car, and then she pulls off a legal stunt to injure them further. No one should have sympathy for her.


31 posted on 08/01/2025 2:56:14 PM PDT by EnderWiggin1970
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To: ShadowAce

Love it!


32 posted on 08/01/2025 3:14:34 PM PDT by Nervous Tick (Hope, as a righteous product of properly aligned Faith, IS in fact a strategy.)
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To: ShadowAce
There were five assignments of error brought by McCreary. Only the Third Assignment of Error was upheld by the Court of Appeals of Ohio, Third Appellate District, Allen County.

https://www.supremecourt.ohio.gov/rod/docs/pdf/3/2025/2025-Ohio-2562.pdf

McCreary v. Taylor Cadillac, Inc., 2025-Ohio-2562

At 4:

Third Assignment of Error

The court erred in granting Defendants’ motion to enforce a binding arbitration agreement on the separate claim against Taylor Cadillac Inc. for using the fictitious name of Taylor Kia of Lima after the name was registered to Plaintiff.

At 13:

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Third Assignment of Error

{¶29} McCreary argues that the claims she raised regarding Taylor Cadillac’s continued use of the name “Taylor Kia of Lima” does not fall within the scope of the arbitration agreement.

Legal Standard

{¶30} “[A]rbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit” because “arbitrators derive their authority to resolve disputes” from the consent of the parties. Ohio Council 8 v. Marion, 2016-Ohio-1144, ¶ 14 (3d Dist.), quoting AT&T Technologies, Inc. v. Communications Workers of Am., 475 U.S. 643, 648-650 (1986). Thus, in deciding what matters are subject to arbitration, “[t]he overarching issue is whether the parties agreed to arbitrate the issue.” Academy of Medicine of Cincinnati, 2006-Ohio-657, ¶ 19.

{¶31} Where a dispute exists over the scope of an arbitration agreement, courts must first examine the language of the relevant provision. U.S. Bank Natl.

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Assn. v. Allen, 2016-Ohio-2766, ¶ 31 (3d Dist.). “[A] proper method of analysis here is to ask if an action could be maintained without reference to the contract or relationship at issue. If it could, it is likely outside the scope of the arbitration agreement.” Alexander v. Wells Fargo Financial Ohio 1, Inc., 2009-Ohio-2962, ¶ 24, quoting Fazio v. Lehman Bros., Inc., 340 F.3d 386, 395 (6th Cir. 2003).

Standard of Review

{¶32} Appellate courts review a decision as to whether a party has agreed to submit a particular claim or issue to arbitration de novo. Fries v. Greg G. Wright & Sons, LLC, 2018-Ohio-3785, ¶ 38 (1st Dist.); Portnoy v. Thryv Yellow Pages, 2024-Ohio-5977, ¶ 13 (6th Dist.); Crider v. GMRI, Inc., 2020-Ohio-3668, ¶ 10 (8th Dist.). De novo review is conducted independently without deference to the decision of the trial court. In re Baughman Irrevocable Trust, 2025-Ohio-1892, ¶ 17 (3d Dist.).

Legal Analysis

{¶33} In the sixth claim in her complaint, McCreary requested an injunction and damages for Taylor Cadillac’s use of a fictitious name that is registered to her. On appeal, she argues that this claim does not fall under the arbitration agreement. The scope of the arbitration agreement is set forth in the following provision:

Binding arbitration shall include all disputes whether based upon contract, tort, state or federal statute laws or otherwise, and whether for money damages, penalties, declaratory relief, or equitable relief arising out of or in any way related to this consumer transaction. Binding arbitration shall be used to resolve all claims arising from the purchase or lease of the vehicle, financing, warranties, repairs, attempting to obtain financing, the purchase or any optional insurance,

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service or maintenance agreements, or aftermarket products, or any document or relationship established in this transaction or related transaction regardless of whether the transactions were consummated.

(Emphasis added.) (Doc. 10, Ex. A). In the transaction referred to in this provision, McCreary sought to purchase a vehicle from Taylor Cadillac. The sixth claim in the complaint does not arise from and is not related to McCreary’s attempted purchase of a vehicle. Rather, this claim is a separate matter that could be pursued independently of the other claims in the complaint that address the consumer transaction at issue. Since this claim does not fall within the scope of the arbitration agreement, this claim should not have been dismissed and sent to arbitration. Accordingly, the third assignment of error is sustained.


33 posted on 08/01/2025 3:36:43 PM PDT by woodpusher
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To: Harmless Teddy Bear

Sounds like there wasn’t enough time for her to miss one payment.


34 posted on 08/01/2025 4:32:01 PM PDT by nickcarraway
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To: alancarp

Agreed. Maybe it will be worth it for the education on how to do business.


35 posted on 08/01/2025 4:33:00 PM PDT by nickcarraway
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To: Aeneas2112

I think most states have a brief “cooling off” period regarding buying cars.


36 posted on 08/01/2025 4:34:31 PM PDT by nickcarraway
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To: BDParrish

Why would they win the car repossession. She didn’t do anything wrong - they did.


37 posted on 08/01/2025 4:35:32 PM PDT by nickcarraway
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To: ShadowAce
The Gulf of Kia Lima?

38 posted on 08/01/2025 4:46:03 PM PDT by linMcHlp
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To: EnderWiggin1970

You can point out in the article where it says she “welches” good sir?


39 posted on 08/01/2025 4:48:34 PM PDT by Harmless Teddy Bear ( Not my circus. Not my monkeys. But I can pick out the clowns at 100 yards.)
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To: EnderWiggin1970

Oh please! I hope she gets paid a lot to get their name back. They sound shady and since it’s a used car lot. Shadier of them all.


40 posted on 08/01/2025 4:56:16 PM PDT by napscoordinator (DeSantis is a beast! Florida is the freest state in the country! )
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