Alvarez Jaguar Lincoln Mercury

Initial Business Response /* (1000, 5, 2016/03/23) */
Dear Sir or Madam:
We are an automobile dealership licensed to buy automobiles and sell them for a profit in the state of California
On September 21, the customer entered into a month lease contract for VIN #
1LNHL9DK2DGXXXXXX with Alvarez Lincoln Mercury JaguarLessor's rights and responsibilities under the terms of the lease agreement were subsequently assigned by lessor to Lincoln Automotive Financial Services
On November 27, the customer terminated her lease on said vehicle with Lincoln Automotive Financial Services by signing a California DMV form #and by returning the vehicle to Alvarez Lincoln, a contracted repository for vehicles at the end of the lease
On November 27,Alvarez Lincoln purchased said vehicle from Lincoln Automotive Financial ServicesAlvarez Lincoln then resold the vehicle to the customer for $28,+ tax, title and license = $31,total
Prior to terminating her lease with Lincoln Financial Services, the customer had the option of purchasing the vehicle directly from Lincoln Automotive Financial Services for $25,The customer negotiated that figure and was in possession of the contract, with ample time to review, since September 21, The customer chose to forego her right to purchase the vehicle at the end of the lease by returning it to the leasing company
We cannot speculate as to why the customer chose to forgo her contractual right to purchase from the leasing company and to purchase instead from the dealership, other than she saw value in the additional goods and services she would receiveBy purchasing the vehicle from the dealership, the customer received additional goods and services she would have not received had she purchased the vehicle directly from Lincoln Automotive Financial Services, as the car was sold as a "certified pre-owned." Such goods and services include: Point comprehensive inspection, new filter, new wiper blades, oil change, 100,mile warranty good through 9/21/or 100,miles, whichever occurs first, arrangement of financing, ease of arranging purchase at Alvarez Lincoln versus contacting Lincoln automotive Financial Services and arranging financing and purchase over the telephone
The goods and services were not sold separately to the customer, and therefore itemization is not required on the sales contractRather, they were included in the $28,sales priceAs most consumers know, when a vehicle is sold as, "Certified Pre-owned," that certification is included in the sales priceThe customer is not charged extra
Whether or not the customer continues to see the value of the additional $3,expenditure is irrelevantOn 11/7/2015, having been in possession of her original lease agreement for months, having been presented with an option to purchase the vehicle from Alvarez Lincoln for more money than stated in the original lease contract, in exchange for particular goods and services, the customer entered into a binding contract for purchase
The Lease agreement dated 9/21/clearly states "Do not sign this lease before you read it..." The customer was therefore aware of what she could purchase the car for directly from the leasing company at the end of the lease
The contract executed 11/7/clearly states "Do not sign this agreement before you read it..." and "There is no cooling off period unless you obtain a contract cancellation option...you cannot later cancel this contract because you change your mind, decide the vehicle costs too much, or wish you had acquired a different vehicle..."
With the greatest of respect to the customer, it is our position that the customer is bound by the terms of the purchase agreement she entered 11/7/
We have made several attempts to try and resolve this matter with the customer by phone and by emailWe have responded to the arbitration request
We hope that this review of the customer's contract will bring this matter to a closeWe continue to warmly welcome her to our store for any service she may need on her vehicle
Initial Consumer Rebuttal /* (3000, 7, 2016/03/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Lincoln Alvarez did not adhere with the policies of the American Arbitration Association as stated in the letter dated March 22, from the AAA (available for review)Accordingly the AAA "request that Alvarez Lincoln remove the AAA name from its consumer arbitration clause so that there is no confusion to the public regarding our decision"
I was never provided with the option to purchase from the leasing company
There is no support for dealers assertion: "goods and services were not sold separately and therefore itemization is not required" The "DUE BILL"(available for review) dated 11/7/states: the work described in Section A...(Dealer to Certified, Customer to buy there own leased out) you are entitled to have performed at no additional chargeIf you request any additional work, dealer will provide you with an estimate of charges for your approval prior to performing additional work." Dealer makes contradictory claims "As most consumers know, when a vehicle is sold as "Certified Pre-owned" that certification is included in the sales priceThe customer is not charged extra."
I have other email exchanges between Dealer an myself, as well as correspondence from the American Arbitration Association which establish that Dealer did not abide by the arbitration clause in the lease and purchase contracts, Dealer did not disclose additional charges for the Certified Pre-owned, I was entitled to Dealer Certified at no additional charge