As stated, we conduct thousands of wholesale transactions and the certification guidelines are clearly understood in every single of the thousands wholesale transactions These thousands of transactions have led me to believe that wholesalers, investing significant capital, are fully aware of his rights and abilities to re-sell our product It is not the dealers responsibility to educate another dealer on how to run its business Perhaps DealerMatch can assist monetarily if they somehow failed to educate the buyer how the wholesale trade works I am individually responding to these claims because I take these accusations seriously Truth in advertising is a hot button for me and something I battle daily in our automotive businesses Our employees are fully trained and educated on the importance of disclosures and their individual responsibility to represent Covert as an ethical, honest place of business Our reputation has been built over years of sound business practices I will not allow another dealer to in anyway harm that reputation in an instance where we are clearly not at fault If warranted, I am happy to engage our legal team and Cadillacs legal team in an effort to end this slander Regards, [redacted] Partner Covert Auto Group
Complaint: ***
I am rejecting this response because: *** *** made an offer verbally this afternoon to find another vehicle that we could agree on. The loaner they gave us was because the car they sold us did not work, so it was not a good will gesture. The car still does not workThe service technician, *** *** told us that the dvd players did not work properly, and cannot be repaired because they do not make the parts anymore. So car is not, and according to him cannot be fixedFixing this was on the original list from 6/
Regards,
*** *** *** ***
Covert Buick GMC has given a loaner each time vehicle has came in for service. Also, loaner was given to go out of state!
Offered two payments for while in the shop!
Today, October 7,2014...reinspected the vehicle and tech found vehicle in good working order! Also, vehicle was detailed and...
given a full tank of gas!
Best Regards,
[redacted]
[redacted]
A Cadillac CPO offer is only eligible to a retail customer through a Cadillac dealer participating in the CPO program. A non-cadillac dealer can not retail a Cadillac CPO car to a retail customer. Also, once a certified CPO cadillac dealer transfers a certified vehicle to another dealer, cadillac...
branded or otherwise, the selling dealer is required to de-certify the vehicle. It does not transfer. See below (page 25 of the cadillac CPO guidelines**). If the customer is hoping to purchase the escalade certified, he needs to know it must be through a certified cadillac dealer. We would be happy to help in the retail purchase if the customer is demanding it be certified. If the nearest cadillac store wants to re-certify the vehicle, they must also be the seller of the vehicle in order for it to be eligible for cadillac CPO coverages.
We wholesale hundreds of vehicles per month many of which are certified. This has never been a question as their are clear differences in retail transactions / advertising / etc and wholesale transactions. In every single scenario the certification does not transfer to a non-branded dealer.
**"If a vehicle is to be traded/transferred, it must be de-certified on CUIS and then moved to the new dealer. Once the vehicle is in the new dealer’s inventory, they must certify the vehicle in CUIS before reporting the vehicle sold."
Sincerely,
[redacted]
Partner
Covert Auto Group
As stated, we conduct thousands of wholesale transactions and the certification guidelines are clearly understood in every single of the thousands wholesale transactions. These thousands of transactions have led me to believe that wholesalers, investing significant capital, are fully aware of his rights and abilities to re-sell our product. It is not the dealers responsibility to educate another dealer on how to run its business. Perhaps DealerMatch can assist monetarily if they somehow failed to educate the buyer how the wholesale trade works.
I am individually responding to these claims because I take these accusations seriously. Truth in advertising is a hot button for me and something I battle daily in our automotive businesses. Our employees are fully trained and educated on the importance of disclosures and their individual responsibility to represent Covert as an ethical, honest place of business.
Our reputation has been built over 105 years of sound business practices. I will not allow another dealer to in anyway harm that reputation in an instance where we are clearly not at fault. If warranted, I am happy to engage our legal team and Cadillacs legal team in an effort to end this slander.
Regards,
[redacted]
Partner
Covert Auto Group
We did in fact make the mistake of not informing the customer of issues on the vehicle. We admitted this fault and have made corrective processes to not let this type of mistake happen again. We did invite the customer to look at her vehicle with us so we could show her what was going on, and this...
offer was rejected. Since the assumption at this point is that the oil change caused the oil leak, is the reason we wanted to show her. We have nothing to hide and strive for transparency with our clients. We then offered a suggestion to obtain a second opinion as to weather the oil change caused the issue and again was rejected. We now know that she has in fact taken the vehicle to another dealer for inspection, and we were told that the issue is not the valve covers but something else. Now it appears that our credibility is at stake. We have no problem discounting the repair, if this is what the customer wants. We want to resolve the issue, but can't take full responsibility for a repair needed that we did not create. We will also further investigate the repair suggestions from the other dealer.
Complaint: [redacted]
I am rejecting this response because:
Whether or not you as partner can control it
Mr. [redacted], your dealer group and every person in it conducting business
transactions always retains responsibility and legal liability to educate any
and all types of buyers to the Cadillac CPO warranty and transferability,
especially when it is understood that a buyer is asking about, expecting, and
negotiating on a feature that your expert staff have a legal responsibility to
educate the buyer on, specific to that sale. This liability is your legal
responsibility and fulfills the buyer’s expectation prior to signing.
My dealership will not weather a write-down
due to a misrepresented negotiation (whether intentional or not) for a feature,
in which admittedly we are not the experts, which was clearly negotiated for (verbally
and in writing for shopping Certified units which we have archived and attached a file of your written category and seller's notes stating the Certified status), and paid
above market price for, versus an identical product without that feature, which
is in this case an extended transferrable warranty Escalade versus one that
does not have that feature.
I do not own nor am intimately familiar with
a Cadillac franchise dealership and the associated expert knowledge level of
your OEM Cadillac Certified Pre-Owned Extended Warranty program. The law does
not hold a non-expert buyer to the same standard of care as the selling expert
on the intricacies of a sellers’ feature, in this case your CPO program,
especially when that feature might be enjoyed by some types of buyers but not
others. I might point out that the information which you have clearly explained
in your reply only has come after weeks of attempting to wrangle this clear
information out of the “experts” at your dealership, who have admitted to be
unsure themselves of some of the intricacies of the program. Again, experts
facing customers with limited or misinformation, due to lack of internal
training or knowledge on a product or service they are selling, does not remove
your Dealership’s liability post-sale for proper and full disclosure prior to
the time of sale.
The education you are providing now,
post-sale, is simply too late to prevent my Company from having bought in good
faith with mis-information that should have been presented by your experts BEFORE
the time of sale. The onus of disclosure remains with the seller in any
transaction, and your Dealer group simply failed to disclose these pertinent facts:
the non-transferability of this warranty in a wholesale transaction and how any
dealer would have to re-certify any previously CPOd unit, when the
opportunities to disclose these facts in a wholesale only channel clearly exist
(e.g. different wholesale seller’s notes excluding the Certified status;
footnotes or verbal disclosures contrary to any written promises of warranties
in the event of wholesale purchase), and your employees failed to disclose when
the buyer stated they were willing to pay a premium for that feature. The law
looks at buyers who are willing to pay a premium for a feature must reasonably
be expecting to enjoy that feature, especially if the seller is asked about
that feature.
Disclosure law states that condition and
merchantability shall be clearly presented and fully disclosed to any type of buyer,
wholesale or retail, prior to any transaction and, if a question from the buyer
or a reasonably known negotiation position, in this instance our dealership
wanting to pay a premium for the Cadillac Certified status of this Escalade
(given previous experience with transferred CPO status Cadillacs purchased from
various reputable wholesale source), the seller must educate the buyer and
reasonably disclose that the written promise of warranty disclosed in the
listing is null and void and will not transfer, which was not done and you
retain liability for.
The simple point is this: your dealership
employees knew from our communications that my dealership was shopping only
Cadillac Certified Pre-Owned Escalades and were willing to pay a premium to
obtain that feature to retail to our own customers, and importantly, understood
from your incomplete disclosure that we were buying a product advertised (CPO
warranty), in writing and physically, to enjoy and resale that value-added feature.
Full disclosure at that point would require
your staff to counter-act any and all written and physical advertising
attesting to the Certified status of the vehicle, which your staff simply did
not, in accordance with your company’s legal responsibility.
In addition, your employees shall have
clearly and expertly addressed those disparities prior to sale, being
the Cadillac CPO program experts, and are required to understand and convey the
difference of a wholesale (non-transferrable) and retail (transferrable to the
next buyer) sale before the premium price is paid, since there obviously exist
clear differences between the enjoyment of that advertised benefit to varying
customers.
I am not convinced that you are attempting, in
the least, to make good on your legal responsibility to sell in good faith and with
full and proper disclosure as experts, especially when a special sale circumstance
(wholesale to wholesale) goes against all written and physical disclosure and
advertising in the case of this transaction.
I stand firm in our need for your cash
reimbursement immediately to fulfill your legal selling responsibility to counter-act only a portion of our material losses as we attempt to work out this issue in this forum, at this level. I trust
that you can understand both my Company’s position, your legal responsibility,
and I respect your history of ethical business dealings and trust your response
in this case will align with that reputation.
Warmest Regards,
[redacted]
Founder / CEO
Pure Pursuit Automotive
As stated, we conduct thousands of wholesale transactions and the certification guidelines are clearly understood in every single of the thousands wholesale transactions These thousands of transactions have led me to believe that wholesalers, investing significant capital, are fully aware of his rights and abilities to re-sell our product It is not the dealers responsibility to educate another dealer on how to run its business Perhaps DealerMatch can assist monetarily if they somehow failed to educate the buyer how the wholesale trade works I am individually responding to these claims because I take these accusations seriously Truth in advertising is a hot button for me and something I battle daily in our automotive businesses Our employees are fully trained and educated on the importance of disclosures and their individual responsibility to represent Covert as an ethical, honest place of business Our reputation has been built over years of sound business practices I will not allow another dealer to in anyway harm that reputation in an instance where we are clearly not at fault If warranted, I am happy to engage our legal team and Cadillacs legal team in an effort to end this slander Regards, [redacted] Partner Covert Auto Group
Complaint: [redacted] I am rejecting this response because: Regards, [redacted]
Complaint: ***
I am rejecting this response because: *** *** made an offer verbally this afternoon to find another vehicle that we could agree on. The loaner they gave us was because the car they sold us did not work, so it was not a good will gesture. The car still does not workThe service technician, *** *** told us that the dvd players did not work properly, and cannot be repaired because they do not make the parts anymore. So car is not, and according to him cannot be fixedFixing this was on the original list from 6/
Regards,
*** *** *** ***
Covert Buick GMC has given a loaner each time vehicle has came in for service. Also, loaner was given to go out of state!
Offered two payments for while in the shop!
Today, October 7,2014...reinspected the vehicle and tech found vehicle in good working order! Also, vehicle was detailed and...
given a full tank of gas!
Best Regards,
[redacted]
[redacted]
A Cadillac CPO offer is only eligible to a retail customer through a Cadillac dealer participating in the CPO program. A non-cadillac dealer can not retail a Cadillac CPO car to a retail customer. Also, once a certified CPO cadillac dealer transfers a certified vehicle to another dealer, cadillac...
branded or otherwise, the selling dealer is required to de-certify the vehicle. It does not transfer. See below (page 25 of the cadillac CPO guidelines**). If the customer is hoping to purchase the escalade certified, he needs to know it must be through a certified cadillac dealer. We would be happy to help in the retail purchase if the customer is demanding it be certified. If the nearest cadillac store wants to re-certify the vehicle, they must also be the seller of the vehicle in order for it to be eligible for cadillac CPO coverages.
We wholesale hundreds of vehicles per month many of which are certified. This has never been a question as their are clear differences in retail transactions / advertising / etc and wholesale transactions. In every single scenario the certification does not transfer to a non-branded dealer.
**"If a vehicle is to be traded/transferred, it must be de-certified on CUIS and then moved to the new dealer. Once the vehicle is in the new dealer’s inventory, they must certify the vehicle in CUIS before reporting the vehicle sold."
Sincerely,
[redacted]
Partner
Covert Auto Group
As stated, we conduct thousands of wholesale transactions and the certification guidelines are clearly understood in every single of the thousands wholesale transactions. These thousands of transactions have led me to believe that wholesalers, investing significant capital, are fully aware of his rights and abilities to re-sell our product. It is not the dealers responsibility to educate another dealer on how to run its business. Perhaps DealerMatch can assist monetarily if they somehow failed to educate the buyer how the wholesale trade works.
I am individually responding to these claims because I take these accusations seriously. Truth in advertising is a hot button for me and something I battle daily in our automotive businesses. Our employees are fully trained and educated on the importance of disclosures and their individual responsibility to represent Covert as an ethical, honest place of business.
Our reputation has been built over 105 years of sound business practices. I will not allow another dealer to in anyway harm that reputation in an instance where we are clearly not at fault. If warranted, I am happy to engage our legal team and Cadillacs legal team in an effort to end this slander.
Regards,
[redacted]
Partner
Covert Auto Group
We did in fact make the mistake of not informing the customer of issues on the vehicle. We admitted this fault and have made corrective processes to not let this type of mistake happen again. We did invite the customer to look at her vehicle with us so we could show her what was going on, and this...
offer was rejected. Since the assumption at this point is that the oil change caused the oil leak, is the reason we wanted to show her. We have nothing to hide and strive for transparency with our clients. We then offered a suggestion to obtain a second opinion as to weather the oil change caused the issue and again was rejected. We now know that she has in fact taken the vehicle to another dealer for inspection, and we were told that the issue is not the valve covers but something else. Now it appears that our credibility is at stake. We have no problem discounting the repair, if this is what the customer wants. We want to resolve the issue, but can't take full responsibility for a repair needed that we did not create. We will also further investigate the repair suggestions from the other dealer.
Complaint: [redacted]
I am rejecting this response because:
Whether or not you as partner can control it
Mr. [redacted], your dealer group and every person in it conducting business
transactions always retains responsibility and legal liability to educate any
and all types of buyers to the Cadillac CPO warranty and transferability,
especially when it is understood that a buyer is asking about, expecting, and
negotiating on a feature that your expert staff have a legal responsibility to
educate the buyer on, specific to that sale. This liability is your legal
responsibility and fulfills the buyer’s expectation prior to signing.
My dealership will not weather a write-down
due to a misrepresented negotiation (whether intentional or not) for a feature,
in which admittedly we are not the experts, which was clearly negotiated for (verbally
and in writing for shopping Certified units which we have archived and attached a file of your written category and seller's notes stating the Certified status), and paid
above market price for, versus an identical product without that feature, which
is in this case an extended transferrable warranty Escalade versus one that
does not have that feature.
I do not own nor am intimately familiar with
a Cadillac franchise dealership and the associated expert knowledge level of
your OEM Cadillac Certified Pre-Owned Extended Warranty program. The law does
not hold a non-expert buyer to the same standard of care as the selling expert
on the intricacies of a sellers’ feature, in this case your CPO program,
especially when that feature might be enjoyed by some types of buyers but not
others. I might point out that the information which you have clearly explained
in your reply only has come after weeks of attempting to wrangle this clear
information out of the “experts” at your dealership, who have admitted to be
unsure themselves of some of the intricacies of the program. Again, experts
facing customers with limited or misinformation, due to lack of internal
training or knowledge on a product or service they are selling, does not remove
your Dealership’s liability post-sale for proper and full disclosure prior to
the time of sale.
The education you are providing now,
post-sale, is simply too late to prevent my Company from having bought in good
faith with mis-information that should have been presented by your experts BEFORE
the time of sale. The onus of disclosure remains with the seller in any
transaction, and your Dealer group simply failed to disclose these pertinent facts:
the non-transferability of this warranty in a wholesale transaction and how any
dealer would have to re-certify any previously CPOd unit, when the
opportunities to disclose these facts in a wholesale only channel clearly exist
(e.g. different wholesale seller’s notes excluding the Certified status;
footnotes or verbal disclosures contrary to any written promises of warranties
in the event of wholesale purchase), and your employees failed to disclose when
the buyer stated they were willing to pay a premium for that feature. The law
looks at buyers who are willing to pay a premium for a feature must reasonably
be expecting to enjoy that feature, especially if the seller is asked about
that feature.
Disclosure law states that condition and
merchantability shall be clearly presented and fully disclosed to any type of buyer,
wholesale or retail, prior to any transaction and, if a question from the buyer
or a reasonably known negotiation position, in this instance our dealership
wanting to pay a premium for the Cadillac Certified status of this Escalade
(given previous experience with transferred CPO status Cadillacs purchased from
various reputable wholesale source), the seller must educate the buyer and
reasonably disclose that the written promise of warranty disclosed in the
listing is null and void and will not transfer, which was not done and you
retain liability for.
The simple point is this: your dealership
employees knew from our communications that my dealership was shopping only
Cadillac Certified Pre-Owned Escalades and were willing to pay a premium to
obtain that feature to retail to our own customers, and importantly, understood
from your incomplete disclosure that we were buying a product advertised (CPO
warranty), in writing and physically, to enjoy and resale that value-added feature.
Full disclosure at that point would require
your staff to counter-act any and all written and physical advertising
attesting to the Certified status of the vehicle, which your staff simply did
not, in accordance with your company’s legal responsibility.
In addition, your employees shall have
clearly and expertly addressed those disparities prior to sale, being
the Cadillac CPO program experts, and are required to understand and convey the
difference of a wholesale (non-transferrable) and retail (transferrable to the
next buyer) sale before the premium price is paid, since there obviously exist
clear differences between the enjoyment of that advertised benefit to varying
customers.
I am not convinced that you are attempting, in
the least, to make good on your legal responsibility to sell in good faith and with
full and proper disclosure as experts, especially when a special sale circumstance
(wholesale to wholesale) goes against all written and physical disclosure and
advertising in the case of this transaction.
I stand firm in our need for your cash
reimbursement immediately to fulfill your legal selling responsibility to counter-act only a portion of our material losses as we attempt to work out this issue in this forum, at this level. I trust
that you can understand both my Company’s position, your legal responsibility,
and I respect your history of ethical business dealings and trust your response
in this case will align with that reputation.
Warmest Regards,
[redacted]
Founder / CEO
Pure Pursuit Automotive
[redacted] made the decision to buy the vehicle!
Best Regards,
Covert Auto Group
[redacted]
[redacted]
Complaint: [redacted]
I am rejecting this response because:
Regards,
[redacted]