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California Fire and Safety Reviews (2)

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the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  
Since I have purchased this vehicle, via financing, I have returned it 7 times to the dealership with the same perennially recurring issues, and a few new ones from the tinkering and what seems to amount to guessing or problematic investigation. This was a pre-existing issue when the vehicle was purchased. Prior to my purchase, I found this sub online, visited the dealership and was not even allowed to view it because it had to be inspected, cleaned, and serviced. I was told they wanted to be sure everything was fine and there were no pre-existing issues before placing it on the lot. I came back a total of 3 times before it was ready to be viewed and test driven.I was told a full pre-sale pre-inspection was done and everything was fine and functional and met the criteria to be sold. I appreciated that. I purchased it, and on the way home that night the check engine light came on and it began to shift harder and slightly stall when shifting ( still does Everytime the light comes on). Also, to augment these issues when the check engine light comes on features like the factory installed remote start and other features don't work ( this is consistent with GM automobiles, I have owned a few Escalades). I alerted my salesman, Peter, the next day and was told to bring it back in. Here is where this tedious and painstaking journey began: initially I was told it was the gas cap, then the brake signal was hot, then after market products, then gas cap again. I reinstalled the factory gas cap, same issues. The brake sensor was replaced twice,then multiple other sensors as well. No doubt, these sensors were bad during the pre-inspection and needed to be changed, and they should have been changed pre-sale. Also note that if in fact a competent party done the inspection they surely would have caught some if not all of the 6 sensors that have been replaced! Even after this, the core issues remains that the CPU is noticing that this vehicle is not functioning properly and the check engine light is alerted to come on.Upon checking the codes given myself they always show EVAP canister/ catalytic converter and I have stated this many times, but I am.not the professional here, so I yield my opinion and the information ascertained. As the saga wore on, I was told to consider using my extended warranty to get the issues resolved. That is an absurd and profoundly Ludacris supposition to insinuate a customer use their extended warranty, when if you read terms and conditions are expressly for issues post-sale) for pre-existing issues. Any known issues by law should have been stated in a disclosure, as with any purchase, and denoted in an inspection report that a consumer would have the opportunity to review and make an informed decision in lieu of the details of the disclosure, and either use them as means whereby to negotiate price/warranty, decline purchase, or accept disclosed items. This is the purpose of a pre-sale inpection to disclose this very relevant information. I was asked to consider a trade in..upon that I notion, I inquired what would become of the vehicle; wondering if it would be sold to another unsuspecting person, and was told that it would be sent to the auction. I declined the offer as I was closing on a house at the time, but yet I should not have to trade and go through financing and the burden of selecting new vehicle, a new budget, changes in insurance, and other factors that should have been settled with the purchase of a vehicle I was assured was inspected and passed extensive inspections. I received the vehicle back approx Sept.1 from the last repair. The following evening the light and the usual symptoms reappeared, and a few new ones.when you refuel the vehicle now and hit the ignition switch, the vehicle sounds like it is attempting to detonate and will not start without several attempts. Not only this, but upon receiving it back the temp gauge bounced around, and as it had on 3 other occasions the vehicle lost complete electrical power . It had done this before right in front of the dealership and appearantly once again because the battery was replaced, but the battery evidently was not the issue. Not only are there multiple mechanical malfunctions, but now it is a safety concern because I cannot be sure if indeed the car will detonate or spontaneously backfire at a gas station where there are fumes present that could ignite and cause a debacle. I refuse to let my wife and son drive this vehicle and if my other vehicle had not gotten flooded during Harvey is would not either! These problems are getting worse because of the many tinkering and guessing without actually spending the money it takes the fix the vehicle right, which should have been done pre-sale! A customer should never take a loss because of pre-existing issues, and nor should a high reputable dealer, as Lexus is , want this customer to! Also, after the first 2/3 visits I was not informed of what was done exact to try and fix the vehicle, that being said, I want for my own records, copies of service records for each visit to the dealership and it's 3rd party or in-house servicers. I need to know what was done, attempted and didn't work. I have $24k wrapped up and this may be small to Clear Lake Lexus, but it is not to me. The myriad of issues should have been found, revealed to me, and I should have been given the opportunity to make an informed decision, but when reassured that vehicle is fine and passed all inspection protocol, a dealership should, without wavering or rebuttal be committed to their quality of product sold and pre-inspection approval of a vehicle. I need this issue addressed and resolved before it becomes a larger problem and cause more harm and detriment than it already has.I am requesting copies of all pre-inspection and all service and repair done since the purchase. Also, I would like the vehicle finally fixed right! There is technology available to pinpoint exactly what the issue is, someone needs to authorize overlooking the cost pyramid used to justify repairs and do the right thing and just fix this vehicle the way it should have been and was said to have been at the time of purchase!
Regards,

As Mr. [redacted] has stated we did complete a presale inspection on the vehicle prior to his purchase as we do with all of our cars. Unfortunately, we are not able to foresee, prevent, or fully cover any and all future repairs on all of our preowned cars and certainly the likelihood of problems increases with the age and mileage of the car itself.  This particular vehicle was almost 10 years old, had over 80,000 miles and was sold "AS IS." Mr. [redacted] signed off on a list of major defects that may occur in used motor vehicles, and in fact opted to purchase an extended warranty on the car. Because Mr. [redacted] had problems with the vehicle so soon after purchase we attempted to repair those issues several times. When the issues continued and others arose, we did suggested he try using his extended warranty.  The warranty company would have been able to determine what issues were pre-existing and what issues would be consider post-sale. Evident in his complaint, Mr. [redacted] opted not to. We also offered to trade him out of the car and do away with the problems all together, because ultimately we cannot continue to repair this car indefinitely. Once again, as stated in his complaint, Mr. [redacted] decided to not go with this option either despite his safety concerns. I have attempted to reach out to Mr. [redacted] twice within the last week but get a message that states "This mailbox is full and cannot accept any messages at this time." I have attached the requested service records for this vehicle and the signed page of the Buyers Guide.

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