Motive Auto Group

Review: On 7/16/2013 I purchased a 1993 Mercedes Benz 190e from Motive Auto Group, I drove the vehicle no more than two miles after the purchase and returned the vehicle to the place of purchase. The salesman and I went on a test drive to address my concerns, as the car was unsafe to drive, stalling/sputtering/rough idle. The salesman agreed that the car was not ready for delivery and pulled his mechanic off another vehicle and the mechanic proceeded to troubleshoot the original complaint and issue. After several hours the determination was that a part was needed and it needed to be ordered. Having no ride I drove the vehicle home and returned the vehicle to Motive Auto Group after receiving an email from them on 7/18/2013 stating the following "Hey this is [redacted]. Well I found a good used throttle body from a dismantler that specializes in Mercedes out of la. There going to charge me 220 for the complete unit . Would you be ok with splitting the cost? Of course we will take care of the labor. Let me know if that's ok so I can get the part coming. Thanks and hope to hear from you soon." I agreed to split the cost of the part, the part comes in and the car runs worse, they want to hold onto the car for a few more days, to make a long story short I have returned the vehicle to the dealer five separate times. Initially they ordered the wrong part, then they ordered the throttle body, then they tried an idle adjustment, in short the car still sputters/stalls and is unsafe to drive. 7/29/2013 I picked up the car after I was told it was ready-drove it for ten miles returned it, went on a test drive with the mechanic-he agreed it was not running correctly.I was going to leave the car there again for further diagnostics, the owner [redacted] stated to me that there was nothing more he would do for me. The car was delivered to me and within two miles I returned it to the dealer and now two weeks later and five trips later to MOTIVE AUTO GROUP he wants nothing to do with me.Desired Settlement: I would like a qualified Mercedes Benz dealership to diagnose what is wrong with the car and have Motive Auto Group pay for the repairs. The vehicle has been returned to Motive Auto Group on five separate occasions and the car is still unsafe to drive, stalling/sputtering/racing. The mechanic and I test drove the car today, mechanic agreed that the car was not running correctly however [redacted], the owner, refused to do anything else to the car as of 7/29/2013.

Business

Response:

Mr. [redacted],

Motive Auto Group would like to thank you for the recent purchase of your 1993 Mercedes-Benz 190E VIN: [redacted] with 137,696 miles, for a total of $2,917.06, including all applicable fees and taxes, on July 16, 2013. Although the vehicle passed the mandated safety provisions set forth by the state of California, and was purchased with no additional implied or an expressed warranty (in AS-IS conditions), Motive Auto Group took additional steps to ensure you of a positive car buying experience. Additionally, before purchasing the vehicle and taking delivery, you requested to have and inspection made by a third party automotive technician, specializing in Mercedes-Benz.

In an effort to resolve your recent concern we would like to first detail your purchase, then follow up with the steps taken by Motive Auto Group to come to a mutually equitable resolution:

Purchase transaction:

1. Vehicle was purchased by Mr. [redacted] on 07/16/2013 with no additional work promised or implied and in AS-IS conditions under the federal buyers guide regulations (both documents agreed to and signed by Mr. [redacted] are attached).

2. Mr. [redacted] was offered a test drive and declined, as he requested to have his personal mechanic inspect the vehicle before he purchased or took delivery. Accordingly, Mr. [redacted] agreed to bring his mechanic to Motive Auto Group and complete the inspection of the vehicle. After Mr. [redacted]'s mechanic completed the inspection, Mr. [redacted] was again offered a test drive, but declined when his mechanic advised him that he had found a possible leak.

3. Consequently, after Mr. [redacted]'s mechanic completed the inspection, Mr. [redacted] attempted to negotiate the repair of a leak found by his mechanic, to be included in the purchase price of $2500.00. Motive Auto Group did not accept the offer and explicitly informed him that the vehicle was for sale "AS-IS." When Mr. [redacted] did not continue with the purchase transaction and the terms set forth, Motive Auto Group reasonably determined that he was no longer interested. Both parties amicably parted ways and no further counter offer was initiated by either party.

3. Mr. [redacted] returned to Motive Auto Group and asked the sales consultant, *. [redacted], "where is my car?" To this, Mr. [redacted] replied that the vehicle was being offered to another client and that if Mr. [redacted] wanted to have the vehicle driven back, then he would agree the the terms of the sale (as previously stated, in AS-IS conditions) and pay for the vehicle. Mr. [redacted] then spoke to the owner, [redacted] and Mr. [redacted] offered to sell the vehicle to Mr. [redacted] for $2500 plus applicable fees and sales tax ($2917.06 after said fees and sales tax) in AS-IS conditions, with nothing promised or implied. Mr. [redacted] agreed to the terms over the phone with Mr. [redacted], paid for his vehicle with a credit card and completely signed all applicable documents when the vehicle was physically present.

Steps Taken By Motive Auto Group

1. After the purchase transaction, Mr. [redacted] returned approximately one hour after taking delivery and complained about the vehicle "sputtering." Mr. [redacted] was reminded that he had bought the vehicle in AS-IS conditions, offered a test drive on multiple occasions and even had a third party automotive technician, specializing in Mercedes-Benz, to inspect the vehicle before completing his purchase. Nevertheless, Motive Auto Group only offered to have Motive Auto Repair check and advise the vehicle with regards to Mr. [redacted]'s complaint.

2. Motive Auto Repair advised Mr. [redacted] that the vehicle was safe to drive and no major problems were affecting the vehicle. Additionally, concerned with Mr. [redacted]'s safety and that of motorists around him, both [redacted] and service manager [redacted] of Motive Auto Repair, offered to have Mr. [redacted] be driven home as he was visibly intoxicated, drinking a beer in one hand and having open beer containers inside his car. Unfortunately, Mr. [redacted] declined and said he would return with the vehicle at another time to have Motive Auto Repair check and advise of his concern with the vehicle's "sputtering."

3. Mr. [redacted] returned on 07/18/13 to have the vehicle inspected by Motive Auto Repair. At no point in time, was there any verbal or written agreement that Motive Auto Group would repair or replace any components of Mr. [redacted]'s vehicle.

4. Service Manager [redacted] advised Mr. [redacted] that a possible source for his complaint could be the throttle positioning sensor. Mr. [redacted] then agreed to pay a small portion, which came to be $100 to have this part installed in his vehicle. In addition, and as a courtesy, Motive Auto Repair waived any labor charge associated to the diagnoses and part replacement for Mr. [redacted]'s vehicle. Once more, no promise, warranty, or guaranty was written or implied by Motive Auto Group with regards to repairing Mr. [redacted]'s vehicle. Mr. [redacted] was now acting as a customer of Motive Auto Repair and in agreement to diagnose and replace a part on his vehicle.

5. Under the care of Motive Auto Repair, the vehicle was repeatedly driven in different driving conditions, ranging from cold start, warm and vehicle operating temperature by the technician and service manager, in an effort to duplicate and understand Mr. [redacted]'s complaint.

6. The first time the vehicle was released, the air to fuel mixture was set to manufacturer specifications. Approximately an hour after the vehicle was released, Mr. [redacted] returned with the same complaint of the vehicle "sputtering." Per the diagnosing and testing of the technician, Motive Auto Repair concluded that the throttle positioning sensor, attached to the throttle body, had a short, and needed to be replaced as a complete unit. As agreed to via e-mail, Mr. [redacted] agreed to pay a portion, which came to be $100 for a used unit.

7. The throttle body unit was replaced as agreed and the air to fuel ratio was re-adjusted to manufacturer specifications, road tested and confirmed to be driving acceptably according to manufacturer specifications. Mr. [redacted] was notified on 07/26/13 that his vehicle was ready, but did not pick up vehicle until early 07/29/13. However, after mid-day, Mr. [redacted] returned with the same complaint, at which point, the decision was made that no further work was to be performed for Mr. [redacted].

8. In good faith and to the best standards of Motive Auto Repair, Mr. [redacted]'s vehicle was released in safe driving conditions.

For these reasons, Motive Auto Group is not obligated to repair, replace or warranty any items on your vehicle. Please understand that you have purchased a twenty year old vehicle that will have in addition to normal wear and tear, possible minor and/or major defects, as outlined in the federal buyers guide (signed by you and attached). We thank you for your business and remind you that no additional work is owed or promised.

Cordially,

Principal

Motive Auto Group

La Mesa, CA 91941

([redacted]