Midwest Autoplex

Please be advised that our company did sell this used vehicle to [redacted] (Buyer) but ask that this complaint be dismissed without merit because buyer knowingly elected to buy a year old used car with 93,miles without physically seeing or test driving it prior to purchase in addition to the following reasons: Buyer elected to buy said vehicle without performing adequate due diligence on her part to ensure she would be happy with the vehicle after the saleBuyer voluntarily declined to pick up the vehicle in person in StLouis to inspect it prior to purchase and elected instead to have it shipped/transported without physically inspecting or test driving the car Seller is unaware of any alleged preexisting defects prior to sale except for the INOP moonroof which was disclosed prior to sale Vehicle successfully passed Missouri safety inspection by an independent third party technician just prior to sale which included inspecting the Brake System and Tires, – Exhibit A Seller advised Buyer TWICE to use CarChex.com CARCHEX Car Inspection Services for a point pre-purchase inspection, but buyer declined to engage a third party to inspect the vehicle on her behalf prior to purchase Carchex has an A+ Revdex.com rating – Exhibit B Buyer only advised me that she wanted to return the vehicle solely because the moonroof did not work, however, prior to purchase on 12/22/I had verbally advised buyer that the moonroof did not work AND the vehicle advertised description stated the following “MOONROOF (INOP)” Buyer only claims after the sale that she did know what “INOP” meant(INOP is an abbreviaion for inoperativeIt means not functioning properly or in need of repair)Buyer should have asked before the sale - Exhibit C Buyer received and acknowledged by her signature all pertinent disclosures on the Federal Buyers Guide which lists major defects that may occur in used motor vehicles, like cooling system leaks, bad brakes, bad tires, electrical problems, etc – Exhibit D Buyer declined to purchase an extended warranty service contract despite it being offered on the Federal Buyers Guide Buyer also declined a pre purchase inspection by her mechanic despite it being offered on the Federal Buyers Guide – Exhibit D All vehicles we sell have a disclaimer on our website as follows “FTC's Cooling-Off Rule does not apply and all sales are final with no returns” – Exhibit E Buyer was aware of the risks of buying a car without seeing or test driving it In fact, in buyers voicemail message of 12/22/she stated the following “Someone T boned my daughter and we want to get her the same identical Liberty which is what you have It feels a little bit out of the norm to buy a car without even test driving it or seeing it with my own eyes but that is where we are at, either or my family would have to take a trip to StLouis which is like a hour drive and I’m still trying to work out the details” Buyer erroneously believed FTC’s Cooling-Off Rule applied to her purchase and likely planned that she could use it if she was dissatisfied with the car upon arrival, however this Law does not apply, and all sales are final with no returns Buyer has never complained to this company about any defects in brakes, tires, or cooling leaks prior to wanting to return the vehicle ONLY because of the moonroof being INOP Buyer notified me she wanted to return the vehicle solely because of the INOP moonroof However, Seller did disclose the moonroof was INOP verbally to buyer on 12/22/and also in the detailed description of the vehicle posted on the internet Exhibit F Buyer appears dissatisfied because she overlooked or forgot about the INOP moonroof Buyer acknowledged that she read the vehicle description of moonroof (INOP) Limited Warranty is provided by an A rated insurance company called Cars Protection Plus and as such, seller does not pay any money for parts or labor since the warranty is contracted out to a third party insurance company This is also evidenced by buyers signature on the Federal Buyers Guide form Exhibit D We have no knowledge that said vehicle had any pre-existing mechanical or cosmetic problems that were unacceptable to our customer besides an INOPERATIVE moonroof There was no Accident / Damage reported to CARFAX and the inspection report prepared by the transporter prior to departure from our property did not list any damage besides a few exterior scratches Request for reimbursement is denied as seller assumes no responsibility and seller complied with all consumer protection laws which clearly outline potential defects to buyers of used vehicles as noted on Exhibit D and acknowledged by the buyers signature [redacted] , CPA, MBA, President/CEO Midwest Autoplex [redacted] @sbcglobal.net

Please be advised that our company did sell this used vehicle to [redacted] (Buyer) but ask that this complaint be dismissed without merit because buyer knowingly elected to buy a 10 year old used car with 93,125 miles without physically seeing or test driving it prior to purchase in...

addition to the following reasons:   1.      Buyer elected to buy said vehicle without performing adequate due diligence on her part to ensure she would be happy with the vehicle after the sale. Buyer voluntarily declined to pick up the vehicle in person in St. Louis to inspect it prior to purchase and elected instead to have it shipped/transported without physically inspecting or test driving the car. 2.      Seller is unaware of any alleged preexisting defects prior to sale except for the INOP moonroof which was disclosed prior to sale.  3.      Vehicle successfully passed Missouri safety inspection by an independent third party technician just prior to sale which included inspecting the Brake System and Tires, – Exhibit A. 4.      Seller advised Buyer TWICE to use CarChex.com CARCHEX Car Inspection Services for a 155 point pre-purchase inspection, but buyer declined to engage a third party to inspect the vehicle on her behalf prior to purchase.  Carchex has an A+ Revdex.com rating – Exhibit B. 5.      Buyer only advised me that she wanted to return the vehicle solely because the moonroof did not work, however, prior to purchase on 12/22/2016 I had verbally advised buyer that the moonroof did not work AND the vehicle advertised description stated the following “MOONROOF (INOP)” Buyer only claims after the sale that she did know what “INOP” meant. (INOP is an abbreviaion for inoperative. It means not functioning properly or in need of repair). Buyer should have asked before the sale - Exhibit C. 6.      Buyer received and acknowledged by her signature all pertinent disclosures on the Federal Buyers Guide which lists major defects that may occur in used motor vehicles, like cooling system leaks, bad brakes, bad tires, electrical problems, etc…– Exhibit D. 7.      Buyer declined to purchase an extended warranty service contract despite it being offered on the Federal Buyers Guide.  Buyer also declined a pre purchase inspection by her mechanic despite it being offered on the Federal Buyers Guide – Exhibit D. 8.      All vehicles we sell have a disclaimer on our website as follows “FTC's Cooling-Off Rule does not apply and all sales are final with no returns” – Exhibit E. 9.      Buyer was aware of the risks of buying a car without seeing or test driving it.  In fact, in buyers voicemail message of 12/22/2016 she stated the following “Someone T boned my daughter and we want to get her the same identical Liberty which is what you have.  It feels a little bit out of the norm to buy a car without even test driving it or seeing it with my own eyes but that is where we are at, either or my family would have to take a trip to St. Louis which is like a 10 hour drive and I’m still trying to work out the details”.  10.  Buyer erroneously believed FTC’s Cooling-Off Rule applied to her purchase and likely planned that she could use it if she was dissatisfied with the car upon arrival, however this Law does not apply, and all sales are final with no returns.   Buyer has never complained to this company about any defects in brakes, tires, or cooling leaks prior to wanting to return the vehicle ONLY because of the moonroof being INOP.  Buyer notified me she wanted to return the vehicle solely because of the INOP moonroof.  However, Seller did disclose the moonroof was INOP verbally to buyer on 12/22/2016 and also in the detailed description of the vehicle posted on the internet.  Exhibit F.   Buyer appears dissatisfied because she overlooked or forgot about the INOP moonroof.  Buyer acknowledged that she read the vehicle description of moonroof (INOP).   Limited Warranty is provided by an A rated insurance company called Cars Protection Plus and as such, seller does not pay any money for parts or labor since the warranty is contracted out to a third party insurance company.  This is also evidenced by buyers signature on the Federal Buyers Guide form Exhibit D.  We have no knowledge that said vehicle had any pre-existing mechanical or cosmetic problems that were unacceptable to our customer besides an INOPERATIVE moonroof.    There was no Accident / Damage reported to CARFAX and the inspection report prepared by the transporter prior to departure from our property did not list any damage besides a few exterior scratches.   Request for reimbursement is denied as seller assumes no responsibility and seller complied with all consumer protection laws which clearly outline potential defects to buyers of used vehicles as noted on Exhibit D and acknowledged by the buyers signature.   [redacted], CPA, MBA, President/CEO Midwest Autoplex [redacted]@sbcglobal.net