G & G Construction of Marion County, Inc

This firm represents Bob Poynter Chrysler Jeep Dodge (the "Dealership"). We are responding on behalf of the Dealership to the above referenced complaint filed by [redacted].Ms. [redacted] purchased a new 2016 Hyundai Tucson (the "Vehicle") from the Dealership on November 19, 2015. Within a few weeks,...

she began contacting her salesperson regarding problems she was having with the vehicle.Ms. [redacted] initially brought in the Vehicle with a concern about the Vehicle hesitating when accelerating from a stop. Danny R[redacted], a Gold Certified Hyundai Service Technician ("Danny"), assisted Ms. [redacted] with the problem. Danny ran numerous tests, and spoke to Hyundai Technical Support. Hyundai recommended replacing the throttle body and resetting the engine control module. The Dealership performed these repairs and returned the vehicle to Ms. [redacted].Shortly after the above repair, Ms. [redacted] complained to the Dealership about the Vehicle's air conditioner automatically coming on after turning off the defrost. Danny explained to Ms. [redacted] that this was the normal operation of the Tucson and could not be changed. At that point, Ms. [redacted] renewed her concerns about the acceleration hesitation and also noted a noise coming from the rear of the vehicle.The Dealership's Sales Manager, Billy B[redacted] ("Billy"), called Ms. [redacted] and asked her to come in and speak with him. Ms. [redacted] brought the Vehicle in after hours and Billy drove the Vehicle with Ms. [redacted]. Billy explained to Ms. [redacted] that, in his opinion, Ms. [redacted] was not used to the way the Vehicle's transmission shifted but that he could arrange another appointment with the service department. Billy also told Ms. [redacted] that he did not hear the sound in the rear of the Vehicle of which she was complaining. Ms. [redacted] chose to schedule another appointment with the service department.Before Ms. [redacted]'s appointment, Danny drove another Tucson which acted in the same manner as Ms. [redacted]'s. When Ms. [redacted] came in for her appointment, Danny explained that the Tucson's transmission, after sitting in gear with the brake on for a period of time, shifts into neutral mode to increase fuel efficiency. Danny offered to let Ms. [redacted] drive a different Tucson to demonstrate that the issue was not unique to her Vehicle, but Ms. [redacted] declined.With regard to the noise, Ms. [redacted] drove Danny around and Danny heard a noise in the right rear of the Vehicle on one occasion. Danny inspected the Vehicle and found that the right rear shock absorber was weak. After replacing the shock absorber, Danny drove the Vehicle and did not hear the noise again and noted as much on the repair order.While the second round of repairs was taking place, Ms. [redacted] expressed an interest in trading in the Vehicle. Billy assisted her with trade-in process. Ms. [redacted] drove a Jeep Renegade extensively before deciding that she did not like it as much as the Hyundai Tucson. Billy provided Ms. [redacted] with a trade-in value for her Vehicle which was in line with the Kelley Blue Book value of a similar vehicle traded into a car dealer. However, Ms. [redacted] was very unhappy with the trade-in value offered by the Dealership and did not trade in the Vehicle.Since the last repair, Ms. [redacted] has repeatedly called and emailed numerous employees of the Dealership to express her unhappiness with the Vehicle. Billy advised Ms. [redacted] on numerous occasions that if she felt that the Vehicle was a "lemon" under Indiana law, she must report that to the manufacturer, Hyundai. Ms. [redacted] responded by claiming that the Dealership lied on the repair order and requested that the Dealership revise the order. Billy informed Ms. [redacted] that it is against the Dealership's policy to alter a repair order after the repairs have been completed by the service department.Due to Ms. [redacted]'s repeated claims that the Dealership lied and the fact that the Dealership could not find anything wrong with the Vehicle, Billy recommended that Ms. [redacted] take the Vehicle to another Hyundai dealership to get a second opinion. In response, Ms. [redacted] demanded that the extended warranty she purchased from the Dealership be refunded. In a final attempt to appease Ms. [redacted], the Dealership refunded the extended warranty. However, Ms. [redacted] continues to email the Dealership to complain and make accusations regarding the Dealership's handling of this situation.The Dealership has worked with Ms. [redacted] to resolve the issues with her Vehicle. However, in response to Ms. [redacted]'s actions, it became necessary to recommend that Ms. [redacted] seek a second opinion from another Hyundai dealership. The Dealership has been honest with Ms. [redacted] throughout this process and, upon Ms. [redacted]'s request, refunded the warranty she purchased through the Dealership. The Dealership has also provided Ms. [redacted] with all the information she would need to contact Hyundai for presenting a claim under the Indiana Lemon Law.Should you require additional information concerning this matter, please contact me at our firm's Bloomington office.Sincerely, James B H[redacted]