Initial Business Response /* (1000, 5, 2014/09/05) */
Contact Name and Title: [redacted] Lexus of Westmont
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@mcgrathlexus.com
The customer submitting the complaint purchased this vehicle on 10/03/2013. That was almost a year ago. It is a 2005...
model year and it had 109,973 miles on it at the time of purchase. The vehicle was inspected by our service department and we did not find any record of it having an air conditioning issue prior to it being sold. We sold the vehicle to the customer "as-is" and we have signed paperwork by the customer stating this. In fact, our buyers guide specifically states that pre-owned vehicles sold "as-is" may have certain mechanical issues with the car. It goes over hundreds of problems that the car may have or potentially could have. The customer still elected to sign this paperwork and continue the process of purchasing this vehicle. We offered the customer at the time of purchase the option to purchase a limited warranty that would cover items including air conditioning. The customer elected to waive all coverages and proceeded to buy the vehicle without a warranty. We have no records of any complaints at the time of delivery. This complaint suggests that the air conditioning did not work at the time they purchased it, yet we have no record of such a complaint at that time. In fact, this is the first time we have received such a complaint. Based on the fact that almost a year has gone by, suggests that the air conditioning problem they are having is a new problem that should be expected on a car this age and with the miles that it has on it. We do our best to put good quality vehicles on the road. We take many steps in order to do so. As anyone that has ever owned a vehicle would know, you need to expect certain mechanical failures as the age of a vehicle increases.
Initial Consumer Rebuttal /* (3000, 7, 2014/09/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
If they say that it was sold "As is" does that mean if something is not working- in this case, the AC- is it morally right to not disclose this information? Are they not required to disclose if something is not working? I am appalled that a reputable company can get away with selling a faulty car! The term 'As is" does not mean that things may be broken. I understand it to mean that it is in reasonable condition. I want to know if Lexus are required to disclose whether there is something that is not working, when they sell and old car "as is".
Final Business Response /* (4000, 11, 2014/09/25) */
When a vehicle is being sold "as-is" it means that the purchaser is buying a vehicle in the condition that it is in at the time of delivery. We are a reputable company. We do everything in our power to send every vehicle out in as good of condition as we can. We check all safety concerns on the vehicle. We also check most functional equipment on the vehicle. According to our original inspection, the A/C was working properly when the vehicle was sold. It apparently has failed after the time of purchase. Vehicles are machines and will have certain mechanical issues after time passes. The likelyhood of an older car with higher miles is that car will have mechanical failures sooner than a new vehicle. This is why we recommend to every customer that they purchase an extended warranty when they buy a vehicle. It is unfortunate that this part has failed since the time of delivery. I personally called the customer and left a voicemail. The call was never returned. I am willing to help the customer out and do the job at a discounted rate, as we would like to help this customer out. But to perform work for free on an issue that happened a year after purchase is unreasonable.
Initial Business Response /* (1000, 5, 2014/09/05) */
Contact Name and Title: [redacted] Lexus of Westmont
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@mcgrathlexus.com
The customer submitting the complaint purchased this vehicle on 10/03/2013. That was almost a year ago. It is a 2005...
model year and it had 109,973 miles on it at the time of purchase. The vehicle was inspected by our service department and we did not find any record of it having an air conditioning issue prior to it being sold. We sold the vehicle to the customer "as-is" and we have signed paperwork by the customer stating this. In fact, our buyers guide specifically states that pre-owned vehicles sold "as-is" may have certain mechanical issues with the car. It goes over hundreds of problems that the car may have or potentially could have. The customer still elected to sign this paperwork and continue the process of purchasing this vehicle. We offered the customer at the time of purchase the option to purchase a limited warranty that would cover items including air conditioning. The customer elected to waive all coverages and proceeded to buy the vehicle without a warranty. We have no records of any complaints at the time of delivery. This complaint suggests that the air conditioning did not work at the time they purchased it, yet we have no record of such a complaint at that time. In fact, this is the first time we have received such a complaint. Based on the fact that almost a year has gone by, suggests that the air conditioning problem they are having is a new problem that should be expected on a car this age and with the miles that it has on it. We do our best to put good quality vehicles on the road. We take many steps in order to do so. As anyone that has ever owned a vehicle would know, you need to expect certain mechanical failures as the age of a vehicle increases.
Initial Consumer Rebuttal /* (3000, 7, 2014/09/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
If they say that it was sold "As is" does that mean if something is not working- in this case, the AC- is it morally right to not disclose this information? Are they not required to disclose if something is not working? I am appalled that a reputable company can get away with selling a faulty car! The term 'As is" does not mean that things may be broken. I understand it to mean that it is in reasonable condition. I want to know if Lexus are required to disclose whether there is something that is not working, when they sell and old car "as is".
Final Business Response /* (4000, 11, 2014/09/25) */
When a vehicle is being sold "as-is" it means that the purchaser is buying a vehicle in the condition that it is in at the time of delivery. We are a reputable company. We do everything in our power to send every vehicle out in as good of condition as we can. We check all safety concerns on the vehicle. We also check most functional equipment on the vehicle. According to our original inspection, the A/C was working properly when the vehicle was sold. It apparently has failed after the time of purchase. Vehicles are machines and will have certain mechanical issues after time passes. The likelyhood of an older car with higher miles is that car will have mechanical failures sooner than a new vehicle. This is why we recommend to every customer that they purchase an extended warranty when they buy a vehicle. It is unfortunate that this part has failed since the time of delivery. I personally called the customer and left a voicemail. The call was never returned. I am willing to help the customer out and do the job at a discounted rate, as we would like to help this customer out. But to perform work for free on an issue that happened a year after purchase is unreasonable.