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Bill's & Son Auto/Truck

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Bill's & Son Auto/Truck Reviews (4)

Hello, my name is Jeff B***, I own Bill's & Son AutoI feel the [redacted] 's are not being completely honest or reasonable concerning this Revdex.com complaintThe reason I question their honesty is because if you read their initial Revdex.com complaint they stated, and I quote " The very next day as I was driving the vehicle to work the Check Engine light came on, now I didn't call them right away it was when Chad called me for insurance information that I told him about the light that came on, it was days later." And now in this follow up, the story seems to have changed and that the light came on before they even reached home after the saleIt honestly doesn't matter what the truth is because even though the vehicle was legally sold 100% , we still agreed to fix it :However this inconsistency does prove either confusion or dishonesty It is apparent that the [redacted] 's are satisfied with the Hbecause we offered to completely unwind the deal and they declined BUT is is also apparent that they will never be satisfied with anything Bill's & Son does or offersAs far as the mirror is concerned , we never agreed to furnish a new mirror, because only new mirror would not have fixed the power fold feature that was inoperable on the HanywaysWe did however agree to redo the previous sloppy epoxy repair so it would look better and that is what we did and the mirror looked just fineCommon sense tells us all this Why would we agree to fix the Hcatylitic converter AFTER it was sold when we did not have to BUT not fix the Hmirror BEFORE the sale if it needed it? I'm sorry the [redacted] 's are upset and feel the way they do BUT I also feel Bill's & Son has been WAY more honest and fair with them on the Hthey received from us than they were on the VERY troubled Saturn Vue we took in trade from them !! In closing, I would like to restate that it is our position that this deal is a legally binding transaction and as far as we are concerned it is a completed saleThank you

Initial Business Response / [redacted] (1000, 8, 2015/10/13) */ Hello, this is Jeff B., owner of Bill's & Son AutoSorry for the delay in respondingThis matter was submitted to my attorney [redacted] and I was waiting on his responseThe following is his findings based on the law I am writing on behalf of Bill's & Son Auto/Truck, Inc("Bill's") to the above-referenced Complaint Bill's respectfully submits that the consumer's complaint is not well-founded because: The complaint was resolved when the consumer agreed to accept the sum of $1,to resolve his complaint and he, thereafter, accepted an endorsed a check in the amount of $1,with the following release provided on the back of the check "by endorsing this check [redacted] releases Bill's & Son Auto of any and all liabilities Even if the complaint had not been resolved, the statements that the consumer complains of are either true or "puffing" that cannot form the basis of a complaint Even if the complaint had not been resolved, the consumer can pursue no claim because he purchased the car "as is" pursuant to an executed warranty disclaimer, the consumer decided to purchase the Vehicle site un-seen with no inspection, and the consumer did not purchase a warranty for the Vehicle even though he was offered the opportunity to purchase one Bill's believes that this matter has been resolved While Bill's believes that none of [redacted] ***' ("Mr***") complaints have any merit, and Bill's has absolutely no further legal responsibilities to Mr [redacted] in connection with his purchase of the used Ford Excursion, VIN [redacted] , (the "Vehicle") on May 6, following that sale, Bill's believes that it has already resolved this matter with Mr*** Jeff B., President of Bill's, spoke with Mr [redacted] on June 23, concerning Mr***' complaintsMrBconfirmed to Mr [redacted] that that no misrepresentations had been made with regard to the Vehicle and in fact MrBpersonally drove this vehicle over miles MrBalso reminded Mr [redacted] that he had purchased the Vehicle "as is" without any warrantiesNevertheless, Bill's offered to resolve the matter by either paying Mr [redacted] the sum of $1,or taking the Vehicle back and refunding to Mr [redacted] the sum of $18,However, MrBtold Mr [redacted] that if he chose the option of returning the vehicle to Bill's the Vehicle must be returned by July 4, Mr [redacted] had days to return the vehicle and he was urged by Bill's to call the original transporter so that deadline could be madeMr [redacted] made no effort to return the Vehicle by July 4, As a result, Bill's rescinded its offer to take the Vehicle back by July 4, 2015, and informed Mr [redacted] that it was still willing to send him $1,to resolve the matterAs the emails to Mr [redacted] complaint confirm, Mr [redacted] agreed that if Bill's would not take the Vehicle back, he would accept $1,to resolve the matterMr [redacted] stated in his July 9, email, "On the truck, I wish you would reconsiderIf not please send $1,If you are going to send a check, I would appreciate knowing when it is in the mail so I can be on the lookout." (Emphasis added.) Thereafter, Bill's sent Mr [redacted] a check in the amount of $1,in full and final settlement of this matter with a release written on the back of the check as follows: "by endorsing this check [redacted] releases Bill's & Son of any and all liabilities." (A copy of the check is attached.) Mr [redacted] accepted, endorsed and cashed the checkUnder Ohio law, acceptance of a check with a statement printed thereon that by endorsing the check payee releases all liabilities is enforceable as an accord and satisfaction against of the payee barring any further or future claimSee Platt vPenetryn System, Inc(1949), Ohio St451, O.O273, N.E.2d 600, at the syllabus; First NatlBank & Trust CovFireproof Warehouse & Storage (1983), Ohio App.3d 253, OBR 326, N.E.2d 1336; Morris Skilken & CovWatkins Furniture Co(App.1961), Ohio Law Abs208, O.O.2d 374, N.E.2d 256; Hudak vNationwide MutInsCo(1960), Ohio App306, Ohio Law Abs176, O.O.2d 434, N.E.2d 666; Kiser, supra; Indianapolis vDomhoff & Joyce Co(1941), Ohio App109, Ohio Law Abs232, O.O547, N.E.2d 153, affirmed (1942), Ohio St64, O.O571, N.E.2d Accordingly, under Ohio law, this claim has been resolved Even if the claim had not been resolved, the statements that Mr [redacted] complains of are either true or are not actionable under the CSPA because they are merely considered puffing Mr [redacted] complains about the statements contained in Bill's internet advertisement for the VehicleThe statements identified in Mr***' complaint are not actionable as they are merely statements of opinion and are considered "puffing"See Howard vNorman's Auto Sales, Franklin AppNo02AP-1001, 2003-Ohio-2834, ¶ Accordingly, many of the statements complained of such as "virtually showroom condition" and "Holy Grail" of diesels are puffery that is not actionable Further, statements that the Vehicle was "fully serviced", "100% ready to go", inspected by Bill's mechanic and was not presenting any codes when Bill's mechanic serviced the Vehicle were true statementsAnd the transporter that Mr [redacted] hired to drive the vehicle miles from Ohio to [redacted] also confirms that the vehicle drove perfectly fine, with no problems and with no warning lights on whatsoeverBill's also informed Mr [redacted] prior to purchasing the vehicle, that this vehicle was in fact purchased new in Ohio and that Bill's bought the vehicle directly from the original "Ohio" owner who bought it newBill's also provided Mr [redacted] a COMPLETE copy of the Autocheck vehicle history report PRIOR to Mr [redacted] purchasing the vehicle form Bill's , proving that it was always an Ohio vehicleTherefore , Bill's believes the "rust" that Mr [redacted] is referring to is in fact simply typical Ohio undercarriage corrosion and in fact is not uncharacteristic of a year old Ohio vehicleFurthermore, Mr [redacted] had this vehicle inspected first by [redacted] in June and there was no mention of "rust" whatsoever in any of the [redacted] paperworkIt is therefore Bill's opinion that Mr [redacted] knew that he was purchasing a year old Ohio vehicle and he was fully aware that he should not expect the vehicles undercarriage to be as corrosion free as a Colorado vehicle Mr [redacted] also made the comment to the transporter as soon as he saw the vehicle as well as Bill's in a later conversation that the body and interior of the vehicle in fact was very nice In fact , there was NEVER any mention of "rust" ever until this September complaint Even if the claim had not been resolved, Mr [redacted] could assert no claim because the Vehicle was purchased "as is" As evidenced by the disclosure statement attached hereto, Mr [redacted] purchased the Vehicle as-isA Warranty Disclaimer Statement in which the Buyer agrees that he is buying the car constitutes part of the final written agreement between the parties and the seller, as a matter of law, cannot be held liable under R.Cand R.Cfor failing to disclose or repair any alleged defects in the VehicleTisdale vDirect Detail, 2012WL Further, Mr [redacted] was given every opportunity have an outside inspection company inspect this vehicle at a cost to him and was also given the opportunity to purchase a warranty for the Vehicle, but he declined This is Jeff from Bill's & Son, I appreciate your patience in this matter and hope you understand I was waiting on my attorneys findingsI would like to add that we have been in business for years and in no way do we EVER misrepresent our vehicles I really thought [redacted] was a nice person when we spoke on the phone numerous times proir to him buying this ExcursionFurthermore, I really wanna believe that Mr [redacted] is still a decent guyTherefore , I think this is just a situation where he had unreasonable expectations of the undercarriage of a year old Ohio vehicle? Thank you

My name is Jeff B***, I am the president of Bill's & Son Auto/ Truck, Inc I'm sorry it has taken so long to respond to Mrs [redacted] 's complaint but we were waiting on Mrs [redacted] to fax us a copy of the repair order that she paid to have the Hummer serviced, plus I was recently out of townI am back in town now but as of this writing Mrs [redacted] still has not faxed us the repair orderI am going to be as thorough as I can to each and every concern of Mrs [redacted] I would first like to include in this response that I personally bought this HHummer over year ago as a personal demo for me to driveI put over 5,miles on this HHummer myself and I know for certain that Mrs [redacted] bought a GREAT driving vehiclePLUS, I have receipts that I can prove my dealership spent over $3,servicing this vehicle prior to Mrs [redacted] purchasing it Now on to Mrs [redacted] 's complaintsFirst, I'm not sure what "tape" on the mirror Mrs [redacted] is referring to because there was no tape on itThere was however a black epoxy at the joint near the baseThe reason for the epoxy is because these HHummer door mirrors have a power fold in option that was a flawed design from GM and they always broke, especially in cold climate states, and epoxy is commonly used by everyone as a remedyThe mirrors appear just fine with no cracks in the housing or mirror glassI believe Mrs [redacted] misunderstood something because we never said a mirror was on order because they cost over $each and even if we were to buy just one side it would not have fixed the problem because the "power fold" on the driver side was broke as wellSecond, I am also not sure about the "white specs" she is referring to on this Hor any other vehicles on my lot for that matter, but I assume it wasn't a big concern because she stated in her own complaint that she decided she would like to purchase the HThird, Mrs [redacted] is absolutely correct when she stated the Chad worked VERY HARD to obtain financing for herIt was not easy at all but she did come up with the necessary down payment the bank requiredFourth on her complaint pertains to detailing the vehicle, this Hwas professionally detailed by Diamond Pearlz within weeks of her purchase and I paid Earl the owner of the company with a business check# *** Five, is the engine light, even thought the vehicle was legally sold "AS IS" we did agree to take care of this issue and ordered a part that required shipping from an online vendorShe is correct that they did call two seperate times wanting a tracking # confirmationThe first call Chad did not have it because he did not order the part, I did ! The second call the next day I answered the phone and I immediately gave the tracking # to Mr [redacted] When the part arrived we made an appointment for them to bring the Hin for repairMrs [redacted] is correct when she said we called to cancel the night before BUT she is 100% wrong when she said "we had another vehicle that had to go ahead of her"The fact is we had a Ram that was in our inventory that was ALREADY on the rack for servicing the day before they were to come in, it turned out the Ram needed unexpected more work than we thought after we took it apart for servicing Well, the truck was already apart and required parts that needed to be ordered by an online vendor that required shipping just like the part for their HSo obviously we had to reschedule with the [redacted] 's because the Ram was in pieces and we had to wait on the ordered parts required to put it back together before it could be movedSix, is the Temp tag, Mrs [redacted] is 100% correct that there was a $chargeThere was originally to be a Temp Tag issued on this deal but then we decided we could use her trade in license plates and my computer automatically adds the Temp tagHowever, I am confused as to why the [redacted] 's would call days in a row about a simple tracking # BUT wait until this Revdex.com complaint to inform us of this Temp tag charge? Anyways, I am sending check# [redacted] for $to Mrs [redacted] TODAY Now, as far as trust in concerned on this deal The [redacted] 's traded in a Saturn Vue that they owned for along time So I believe they knew their car well, however they were TOTALLY misleading about the condition of the vehicle and its needs, because it had MANY, MANY more issues than they disclosed In closing, I'm just not sure why they would call us numerous times about a tracking # , then they get the tracking # and confirm that we did in fact get the part needed for them BUT then not call again to have the vehicle repaired for free by us as agreed AND then go spend $elsewhere to repair it? The very day we received this Revdex.com complaint we called Marcia [redacted] and offered to 100% unwind the deal and gladly take back this H2, she declinedThis Hhas an NADA value of over $21,, the [redacted] 's bought it way below book value I feel that we have been VERY fair with the [redacted] 's on this deal and I think they are slightly unreasonable in this matter I have shown the paperwork to my attorney [redacted] and after speaking with him I have decided that it is Bill's & Son's position that the deal was legally sold and the proper federal FTC Guide and state paperwork was signedTherefore , we are still willing to unwind the deal and take back this H, otherwise Bill's & Son considers this a completed done dealThank you for your time in this matter

I am rejecting this response because: Mr.B [redacted] has created a response to my issues with Bill and Sons which appears to lay out all of the factual information concerning the purchase of the Hummer H This is an account of the transaction .Upon initial inspection of the Hummer, it was undergoing a repair so we did not have a chance to drive it at that time We did, however, notice a problem with the mirror on the passenger side of the vehicle and were told by Chad, our sales rep, that there was indeed a problem with the mirrors with that vehicle, and that one was on order as a replacement That was part of the deal we made with Bills and Son and we asked repeatedly if the mirror was delivered to them We always asked Chad for an update on the mirror, and the answer was always it was not in yet We are talking several weeks worth of questioning him about the issue with no resolution I think I know the answer as to why the mirror never came in, and MrB [redacted] perhaps said it best when he said those mirrors cost $each This was an issue that was not covered in the portion of the contract We expect to get a check from MrB [redacted] so we can get the mirror and have it installed professionally.MrB [redacted] and his attorney are correct in stating that this was an "AS IS" sale as he mentioned and highlighted in response as he seems to like to do The issue with the check engine light, which came on before we even reached home after the sale, was something we had checked out and reported the findings to Bill and Sons They had no legal obligation to repair the problem, but agreed to do so After one trip back to the dealership, where some cleaner was used to try and fix the problem, the problem remained unresolved At that point and time, we were told a catalytic converter was ordered and to come back to have it installed Again, after calling Chad repeatedly, it was always on order At that point I requested a routing number so I could see if it ever got ordered in the first place and then what happened next was amazing, it showed up By this time I was actually afraid to entrust the Hummer to Bills and Son with doing the repair based on the facts that I was dealing with Both my husband and I work, and finding the time to drive to their location is difficult We have seen confirmed appointments canceled on us on at the least two occasions, and felt the need to have it fixed and fixed correctly What MrB [redacted] wants to do about that is his business, but I would be remiss to say

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