Initial Business Response /* (1000, 5, 2017/04/29) */
On 24 Feb 2017 our customer purchased a 2005 Chrysler Pacifica from my car lot. She traded in her 2003 Saturn vehicle but still had an outstanding balance of [redacted] for which was transferred to the sale of the 05 Pacifica. After the sale...
was completed her balance owed on the Pacifica was [redacted] She was back a few days later stating that she has totaled her new car she just bought and she is in dire need of a vehicle, however, has NO MONEY to use as a down payment because she just gave us a down payment on the Pacifica. My sales man understood her dilemma and found a 2004 Ford Escape. The insurance covered [redacted] of her total balance of [redacted] Thus leaving her a balance of [redacted] This amount was then transferred to the 2004 Ford Escape for which we sold to her WITH NO MONEY DOWN. This vehicle was purchased AS-IS without WARRANTY and our customer has signed papers explicitly stating this fact. Now she has had possession of this vehicle for more than 30 days and brings it in with mechanical issues. Per our Mechanic our customer would need repairs in excess of [redacted] She then contacted my salesman at my car lot again asking for another vehicle WITH NO MONEY DOWN. She also was explicit in asking for no car or no van, but it has to be an SUV. We had nothing on our lot that would accommodate her demands. When looking at how the deal would have to be structured, her number of payments WITH NO MONEY DOWN would be over 100 payments. When trying to explain this to her she was insistent that she needed a car by the weekend and has NO MONEY to put down on this. He did tell her that she would be able to outright purchase a van we had on our lot and had reduced the price to help accommodate her needs. but she demanded to speak to the owner.
We do try very hard to help our customers out as much as possible, but at this time, we have overextended what we have the capability to do. I have even extended to her a reduced price on fixing her current vehicle and said I would accept [redacted] with the remaining balance being added to the back-end of the loan for the repairs which again would total more than [redacted] But again she balked at that. Keep in mind that this loan is still outstanding and payments must be kept up regardless of the condition of the vehicle and as of today, she is 22 days past due and her current outstanding amount is [redacted]
We empathize with our customer, but at this time, we are out of options as well.
Initial Consumer Rebuttal /* (3000, 7, 2017/05/06) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not accept this response because the vehicle that I received, Ford Escape, had not been serviced like they assured me it was. There was no oil in the car and it was leaking black oil when the car stopped on me, not to mention the vehicle odometer was off. I did in fact tell them that I would take the van even though I did not want it because I was and still am in desperate need of a vehicle. When I called in that Saturday they were already gone for the day and when I called on Monday that's when I was told that I had to come up up with all of this money for something that I am not at fault with. I have been without a vehicle for almost a month now and I am also on the verge of losing both of my jobs because I do not have reliable transportation. I have been doing business with them for years and it is a shame that it has even come to this and they are saying this that they can't help me out in this situation which is ultimately their fault. Since I want the loan to be canceled if we can't come up with a suitable agreement I will not pay the note on a vehicle that I am unable to drive due to their negligence. If they agree to fix it free of charge I will pay my monthly note.
Final Business Response /* (4000, 9, 2017/05/11) */
The vehicle HAD been serviced and reviewed by our mechanics and was in an acceptable operating condition WITH oil. The vehicle would NOT operate for a month without oil. She states there was NO oil in it yet state that the vehicle was leaking black oil in her own statement. the ODOMETER was not off as she claims as she read the OIL CHANGE sticker as an odometer statement. Further, the conditions of the loan are NOT subject to whether the car is running. Car loans are due regardless of the current operating condition of the vehicle. Again, this vehicle was sold in an AS-IS condition and she had ample opportunity to have the vehicle checked by a mechanic of her choice on or off of our property. I have attached the AS-IS statement as well as the buyers guide for which she has signed indicating that this vehicle is AS-IS without warranty. She is duly demanding a WARRANTY in this case along with canceling a loan for which she has clearly signed. Furthermore, the stipulations of the LOAN are not subject to the continuing viability of the vehicle. This vehicle was serviced on March 4, 2017 and had a battery installed as well.
An Excerpt from the BILL OF SALE (Attached):
"UNLESS SELLER PROVIDES A WRITTEN WARRANTY, OR ENTERS INTO A SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT, THIS VEHICLE IS BEING SOLD "AS-IS - WITH ALL FAULTS" AND SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ON THIS VEHICLE AND THERE WILL BE NO IMPLIED WARRANTIES OR MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT ANY WARRANTIES BY THE VEHICLE MANUFACTURER. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABLIITY IN CONNECTION WITH THE SALE OF THE VEHICLE AND THE RELATED PRODUCTS AND SERVICES."
Further the consumer signed an AS-IS SOLD WITHOUT WARRANTY form also attached as well as the BUYERS GUIDE with this excerpt on that form as well"
"AS-IS - NO DEALER WARRANTY. THE DEALER DOES NOT PROVIDE A WARRANTY FOR ANY REPAIRS AFTER SALE"
Further, the buyers guide offers the suggestion that was signed by the consumer to "ASK THE DEALER IF YOUR MECHANIC CAN INSPECT THE VEHICLE ON OR OFF THE LOT"
The consumer has been informed in numerous forms that this vehicle has no warranty as well as any repairs are not the responsibility of the dealer.
Lastly, the client signed a "WE OWE" form showing NOTHING IS OWED at the time of delivery.
Again we empathize with the consumer but we are not liable for damage caused after the sale of this vehicle.
Initial Business Response /* (1000, 5, 2017/04/29) */
On 24 Feb 2017 our customer purchased a 2005 Chrysler Pacifica from my car lot. She traded in her 2003 Saturn vehicle but still had an outstanding balance of [redacted] for which was transferred to the sale of the 05 Pacifica. After the sale...
was completed her balance owed on the Pacifica was [redacted] She was back a few days later stating that she has totaled her new car she just bought and she is in dire need of a vehicle, however, has NO MONEY to use as a down payment because she just gave us a down payment on the Pacifica. My sales man understood her dilemma and found a 2004 Ford Escape. The insurance covered [redacted] of her total balance of [redacted] Thus leaving her a balance of [redacted] This amount was then transferred to the 2004 Ford Escape for which we sold to her WITH NO MONEY DOWN. This vehicle was purchased AS-IS without WARRANTY and our customer has signed papers explicitly stating this fact. Now she has had possession of this vehicle for more than 30 days and brings it in with mechanical issues. Per our Mechanic our customer would need repairs in excess of [redacted] She then contacted my salesman at my car lot again asking for another vehicle WITH NO MONEY DOWN. She also was explicit in asking for no car or no van, but it has to be an SUV. We had nothing on our lot that would accommodate her demands. When looking at how the deal would have to be structured, her number of payments WITH NO MONEY DOWN would be over 100 payments. When trying to explain this to her she was insistent that she needed a car by the weekend and has NO MONEY to put down on this. He did tell her that she would be able to outright purchase a van we had on our lot and had reduced the price to help accommodate her needs. but she demanded to speak to the owner.
We do try very hard to help our customers out as much as possible, but at this time, we have overextended what we have the capability to do. I have even extended to her a reduced price on fixing her current vehicle and said I would accept [redacted] with the remaining balance being added to the back-end of the loan for the repairs which again would total more than [redacted] But again she balked at that. Keep in mind that this loan is still outstanding and payments must be kept up regardless of the condition of the vehicle and as of today, she is 22 days past due and her current outstanding amount is [redacted]
We empathize with our customer, but at this time, we are out of options as well.
Initial Consumer Rebuttal /* (3000, 7, 2017/05/06) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not accept this response because the vehicle that I received, Ford Escape, had not been serviced like they assured me it was. There was no oil in the car and it was leaking black oil when the car stopped on me, not to mention the vehicle odometer was off. I did in fact tell them that I would take the van even though I did not want it because I was and still am in desperate need of a vehicle. When I called in that Saturday they were already gone for the day and when I called on Monday that's when I was told that I had to come up up with all of this money for something that I am not at fault with. I have been without a vehicle for almost a month now and I am also on the verge of losing both of my jobs because I do not have reliable transportation. I have been doing business with them for years and it is a shame that it has even come to this and they are saying this that they can't help me out in this situation which is ultimately their fault. Since I want the loan to be canceled if we can't come up with a suitable agreement I will not pay the note on a vehicle that I am unable to drive due to their negligence. If they agree to fix it free of charge I will pay my monthly note.
Final Business Response /* (4000, 9, 2017/05/11) */
The vehicle HAD been serviced and reviewed by our mechanics and was in an acceptable operating condition WITH oil. The vehicle would NOT operate for a month without oil. She states there was NO oil in it yet state that the vehicle was leaking black oil in her own statement. the ODOMETER was not off as she claims as she read the OIL CHANGE sticker as an odometer statement. Further, the conditions of the loan are NOT subject to whether the car is running. Car loans are due regardless of the current operating condition of the vehicle. Again, this vehicle was sold in an AS-IS condition and she had ample opportunity to have the vehicle checked by a mechanic of her choice on or off of our property. I have attached the AS-IS statement as well as the buyers guide for which she has signed indicating that this vehicle is AS-IS without warranty. She is duly demanding a WARRANTY in this case along with canceling a loan for which she has clearly signed. Furthermore, the stipulations of the LOAN are not subject to the continuing viability of the vehicle. This vehicle was serviced on March 4, 2017 and had a battery installed as well.
An Excerpt from the BILL OF SALE (Attached):
"UNLESS SELLER PROVIDES A WRITTEN WARRANTY, OR ENTERS INTO A SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT, THIS VEHICLE IS BEING SOLD "AS-IS - WITH ALL FAULTS" AND SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ON THIS VEHICLE AND THERE WILL BE NO IMPLIED WARRANTIES OR MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT ANY WARRANTIES BY THE VEHICLE MANUFACTURER. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABLIITY IN CONNECTION WITH THE SALE OF THE VEHICLE AND THE RELATED PRODUCTS AND SERVICES."
Further the consumer signed an AS-IS SOLD WITHOUT WARRANTY form also attached as well as the BUYERS GUIDE with this excerpt on that form as well"
"AS-IS - NO DEALER WARRANTY. THE DEALER DOES NOT PROVIDE A WARRANTY FOR ANY REPAIRS AFTER SALE"
Further, the buyers guide offers the suggestion that was signed by the consumer to "ASK THE DEALER IF YOUR MECHANIC CAN INSPECT THE VEHICLE ON OR OFF THE LOT"
The consumer has been informed in numerous forms that this vehicle has no warranty as well as any repairs are not the responsibility of the dealer.
Lastly, the client signed a "WE OWE" form showing NOTHING IS OWED at the time of delivery.
Again we empathize with the consumer but we are not liable for damage caused after the sale of this vehicle.