Ontiveros Enterprises Corporation

Initial Business Response /* (1000, 8, 2016/07/22) */
Lets Start to present myself, My name is *** *** *** General Manager and President of Formula Auto Sales, Company doing business since About this Case, I am personally sold this Vehicle to Mr*** back on February 18, Mr
*** come to our Store with his wife and I am believing a Family Member and his Spouse alsoHe show Interest on our Ford F-Crew Cab Pick up Truck that we have for sale on the floorMe, Mr*** and all there crew go to the Demo Ride that we usually do it miles around the StoreThe truck performs the Demo Ride perfectly, Mr*** have no comments or issues on the ride of the truck and he show me interest in close the sale of the vehicle, so I process to work some numbers and proceed with the sale
All our Vehicles pass a Safety and Maintenance Inspection from an experienced Mobile Mechanic that works for the Company for the last years and also pass Quality Control Inspection by Me, the General ManagerAlso all our vehicles have a DMV required warranty disclosure form attached to the window (BUYERS GUIDE), where we explain the warranty that the Dealer provide in every vehicle, that is Days or Miles - whichever occurs first and the Coverage is only on POWERTRAIN (Engine and Transmission - Internal Parts only) and is LIMITED, meaning that in case of the failure on this parts the Coverage will be 50% on Labor and 50% in PartsAlso these Documents are showing in English and Spanish languageI notice that Mr*** speaks only Spanish so I explain Mr*** the warranty in Spanish, Language that I am 100% fluent to speak
Mr*** is a grown man already and the Warranty forms are signed by him, in both languages, so I do not believe that there is a misleading in that part, he acknowledge what kind of warranty the vehicle have at the time of the purchase
Looking at our records of the Inspection of this Vehicle, there are no issues or comments from our mechanic regarding the engine on itVehicle passes my Quality Control Inspection tooMr*** come back days later after the sale to drop Insurance documents and he never state to me of any problem on the vehicleHe shows up on February 22nd, a Monday with the truck doing some knocking noise and apparently misfiring, shaking , with the check engine light flashing, he show me a diagnostic Invoice from a Ford Dealership, stating the document that there is a problem with the lower engine block, and the Engine need to be replace, with a estimate of $ 5,
I told Mr*** that I need that my mechanic take a look of the Vehicle, so he leave the vehicle on that dayThe truck have different problems, so I order a Diagnostic from my Mechanic and a 2nd SourceBoth agree that the knocking noise come from the bottom of the Engine, sounding like a metal, but also both agree that the origin of the problem was a failure on the ECM of the truck, (Electronic Computer Module)The Computer have more than Codes Stored, and both agree that the problem on the ECM was generated from a Short on the Electrical System, could be several ways from that to happen, but the most common way is when you jump-start another vehicle and cross the polarity on the cables
After the check up the truck, I contact Mr*** to let him know about the results of the Investigation, and I ask him if he jump-start another vehicle or do something on the electrical system, but I receive just evasive answers and he start tripping with there friend saying that we know that the truck have this problem from the beginning and I want to make it up to don't fix the truck
Always from years ago, our commitment is always to have happy customers and good reputation on what we sell, so I decide to proceed to repair the truck for Mr***, but I am explain him that he have to cover there part on the Expenses, because even we have the proof that there is something that they do to the truck on the electrical system and damage the ECM on the vehicle, the timing on the engine is control it by the ECM, so when he drive the truck with the engine out of timing for long time, we are sure that it produce all the internal damage on the engine, we will fix it for him
He at the beginning refused to cooperate with his part, and at that time I have an Estimate of $ 3,(Three thousand four hundred Seventy Five Dollars), Itemized as follow:
- Used Complete Engine $ 2,
- Labor Installation $
- ECM(Refurbish Unit) $
When I let Mr*** know about his share of 50% of the Cost of the Repairs (1,735.00) as stated on the Warranty of the vehicle he start to do a big deal about it, even I explain that he bought a Used Vehicle, not a new vehicle and also that we are convinced that the problem was generated from a negligence on the Use of the truck, at the end, he offer me to give me $ and I reject the amountI do not see fair to absorb most of the Cost of the Repair, mostly if he knows and sign the warranty documentsHe start doing treats that he is not going to pay anything, that he want his money back or he is going to take us to Court and all that, I just state to him that he have the right to do anything he wants, but he have to analyze the good willing that we have to fix the situation
It Take more than weeks that he call me and make the counter-offer on there share for the costs, for the amount of $ (Eight hundred dollars) and I have that counter-offer that he do by himself in writing
Even if We are losing money on the sale, but we understand that sometimes in business you have to accept losses in order to make a customer happyThis deal was closed under cash terms and the customer ask for a big discount, so our profit margin was really small
Now when we make the agreement with him, we order the Engine, and because is a big and heavy item, it takes a week to come to our locationAfter we receive it, my mechanic find out that the replacement engine have a couple of extra connectors, and after a detailed inspection, the engine was the same size but belongs to another kind of Truck, the one that use Ethanol and Gasoline to work, so I have to return that Engine, taking a week to get to the Company Premises and after they receive the engine, the can re-ship the right oneI let Mr*** know about the situation and he say that is not a problem cause he have another truck to use
After we finish the repair, exactly on 04/11/2016, Mr*** come take the truck working fine, no issues noted
He return days later, saying that he took the truck to the Ford Dealer again, and he bring me the Diagnostic Documents, Documents stated that the Truck was fine now, but they are suggesting to change a INTAKE MANIFOLD SOLENOID, because there scanners are reporting that its not opening completely
Even is not part of the warranty or the repair, we replace the Solenoid, with a Cost of $ So now the Complete repair on the Vehicle is $ 3,(Three thousand six hundred fifty five dollars) less $ that Mr*** Covers we have a cost of the Repair of $ 2, (Two thousand eight hundred fifty five dollars)
At the beginning, we are thinking in start a lawsuit to get our 50% by law, according to the signed documents, but at the end we decided to leave the situation in peace
All what I am stating here can be support it by DocumentsI will present it if its required by the right conducts
Thank you for your time and if you have any more questions please do not hesitate to contact me
Initial Consumer Rebuttal /* (3000, 11, 2016/07/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
It is not true that the warranty was explained at the time of the purchaseI purchase the truck thinking that I had days or miles, but it was never explained that I was responsible for 50% of the costs if anything happened in betweenAlso, Mr*** is lying about if he asked me if I ever jump start another vehicleIt is not trueHe never asked me that question and the answer would be noI never jumped start another vehicle during those days that I had the truckI only used the truck to drive to work and the first time I drove it on the freeway the motor failedWhen I received the first diagnostic form the Ford Dealer I took the truck to him and he called me back telling me about the % from my end and I was very upsetIf he has "certified" mechanics like he says he has then why would a truck that was sold just a few days and just with a few miles how did the motor failedI have the papers from the Ford
Dealer that tells me all the problems that the truck had including the major one which is the motor, the most expensiveAnd he is lying too about how he explained to me about the eletrical system that it was our faultThat was never discussedI did nothing to this truck to have triggered a failure in the electrical systemHow could I not make a big deal out of it when he told me that my share was $I had already paid $11,in cash and I had to bring more money out of pocket for only miles that I drove it off the lotI understand that is a used vehicle but when I purchase from a supposably a "reputable dealer" I dont think that if would failed so soonAnd it makes me furious to read that Mr
*** says that it was negligence from my end when it is not trueLike I mention before that was never discussedMr*** agreed to fix the truck because I told him that if he didnt that I would take him to court and because I wanted to avoid all that I agreed to pay him $and that was itMr*** agreedAfter the truck was fixed with the right engine how could I trust this dealer when they have lied to me from the very begining so I took the truck to the Ford Dealer for a second diagnostic paying another $of of my pocket againFrom that second diagnostic there were other issues againSo I took the truck back to have him fix the truck right because when they installed the motor they droped it to much on the carter and was putting pressue on the reading of the oilI left it again for Mr*** to fixand the other issue was this
The Diagnostic says "the IMRC" has two intake manifold runners per cylinder for air flow into the combustion chamberOne runner is always open and the other is commanded open by the PCMBelow approximately rep the valve plates are closed and above approximately rpm the valve plates are openedThe PCM also receives a signal from the IMRC systme indicating valve plate position" (from the second diagnostic) Also, the first diagonostic from the ford dealer the battery was in good condition and the truck was left intact when it was dropped off to him The second dianostic the battery requires immediate attentionAfter the truck was released to me after April and I never went back to see him the battery gave in and I had to purchase a new batteryMore money out of my pocketI also have all documentation supporting my caseIncluding all the diagnostics from the ford dealerMy total costs from this dealer was $from the amount that I agreeed to pay
$for the first diagnostic
$second diagnostic
$for a new battery
I had a buyer for my existing truck, but I could not sell it because the new truck that I purchased from Formula Auto Sales was not ready until the end of April I had to pay for a new registration, smog check, and I was paying two insurance coverage for those monthsAlso, I want to mentioned that I did not received the pink slip or the licence plates until May 2016, because he was holding all the paperwork
Final Business Response /* (4000, 13, 2016/07/26) */
WELL AS YOU SEE IN THE ANSWER, MR*** NEVER GOING TO ACCEPT ANYTHING ON THE REASONS FOR THE TRUCK TO FAILA USED AND EVEN A NEW VEHICLE COULD FAIL ANYTIME,IS A MACHINE, THAT IS WHY WARRANTIES EXIST, I WAS NOT POINTING A GUN TO MR*** TO BOUGHT THE TRUCK FROM US THAT DAY, AND I AM NOT GUILTY IF HE SIGN DOCUMENTS WITHOUT READING IT, BUYERS GUIDE WAS SIGN IN BOTH LANGUAGES, ENGLISH AND SPANISH, AND THAT DOCUMENT IS REALLY SPECIFIC ON THE WARRANTIES INCLUDED ON THE PURCHASE, OF COURSE NOW HE CAN SAY WHATEVER HE WANTS, BUT THE FACT IS THE DOCUMENTS ARE SIGNED BY HIM
WE LOST ENOUGH MONEY IN THIS SALE AS NEVER BEFORE AND I HAVE EVERYTHING DOCUMENT IT, AND WE REGRET ALL WHAT WE EXPEND FROM OUR POCKET TO MAKE THIS CUSTOMER HAPPY, BECAUSE WHAT WE SEE AT THIS POINT, HE DID NOT APPRECIATE ITWE ARE NOT GOING TO REFUND ANY MONEY, WE DO NOT SEE IT FAIR TO CONTINUE LOSING MORE MONEY IN THIS CASE
FINAL ON THIS CASENOTHING ELSE TO STATE
Final Consumer Response /* (4200, 15, 2016/07/27) */
(The consumer indicated he/she DID NOT accept the response from the business.)
What I dont see fair is a Car Dealer selling a car that breaks down as soon as its sold to a consumerSometimes is not about the money and I cannot sit here and not do anything about itThe Better Business Berau needs to know, and if the dealer is not willing to give me what is fair(even if they have lost money) then at least they know what kind of business they are running