The customer purchased the vehicle "as is" (attached)
The vehicle was inspected by Tynans Kia and sold at Tynans Nissan, as they are sister stores
After delivery, the customer brought the vehicle back because the brakes were grindingThe measurements passed inspection but were a bit
rusted
Tynans replaced the brakes and did an alignment at no charge to the customer
The customer also brought up a clunk in the front endThe inspection concluded that it was not a safety issue so we are not required to fix it
The customer came back more recently and said that the brakes were squeeking (which is with the brakes that were put on)
He also brought up the clunking again, however we noticed it was not any worse than when we inspected before
The customer was supposed to have to an appointment to look into things yesterday, and the customer did not show up
Complaint: ***
I am rejecting this response because:
The vehicle wasn't bought ( as is).I didn't initial any as is paperThe vehicle came with days miles warrantythey told me that all cars are inspected be they sold themBut they didn't fix any of the problem this vehicle as.
Regards,
*** ***
Again, you can see in the original craigslist picture the vehicle had a dent in the back
The picture we provided as an attachment is indeed a screen shot, but as you can see it was taken on the lot (by our picture lady who takes pictures of every car)In doing research in my system I can see these pictures were added in December, and the dent was present
The customer mentioned to the salesperson that we had the lowest price of similar vehicles at other dealers, and we do feel this was priced accordingly
Every car is pulled under the awning of the dealership for delivery in our designated spot, the dealer was not trying to hide anything The signed states that the vehicle was sold in “as is” condition meaning there may be damage, but the dealership is not required to fix itThe customer makes mention of finding the damage on his way back home, meaning he was off the lot and had already left as owner of the vehicle
We as a dealership are not responsible for fixing any damage on this vehicle
Complaint: ***
I am rejecting this response because: We are very sorry to hear Tynans will only offer 50% of our desired resolution Thank you for providing a copy of Tynan's Buyers Guide (BG) It is NOT the BG I described in my complaint - their appears to be two The FTC states the BG becomes part of your sales contract and overrides any contrary provisionDepending on which BG you look at ……both are NOT marked 'as is'
Although their copy is clearly legible, it is also clearly marked WARRANTY The car dealer must check the appropriate box on the BG to indicate whether the warranty is 'full or limited' and list systems covered It does NOT The dealer did not fill in the percentage they will pay toward labor or parts - it is left blank
Tynans base their decision on the fact they had the paint touched up (Which did not hold up for five months) the sale was a 'good deal' (which is irrelevant to the issue at hand), that it was sold in 'as is' condition (yet they fail to show any documentation as such), as a dealership is not required to do anything (contrary to both BG) and they don't recommend breaking the paint (yet two local body shops have provided written bids as to what is needed to correct the damages)
We have brought the truck back to the dealership twice asking them to correct the damages - both times they refused And only then did they disclose this truck had been purchased at a Nissan auction, been through a sand storm, touched up at their body shop and placed onto their lot for saleWe do not accept the business' response and are requesting full reimbursement in the amount of $2,as initially requested (the amount required to fix the paint/windows) We have based our request on the FTC's requirement that all car dealers must provide a completed and legible BG, the warranty clearly marked on both BG's, Tynan's failure to stand behind their bodywork prior to sale, and the fact they did not disclose the defect existed at the time of sale - which is a breach of contract per the Implied Warranty law
If the dealership is not willing to fully satisfy our desired resolution, we will be left to take this matter to court and allow a judge to determine the outcome Thank you for your assistance
Regards,
*** ***
They didn't give me any papers saying it was months/days warranty They told me that's on all their vehicle under milesI didn't initial any paper saying it was ( as is) and I have a witness that went there with meThey are the ones thar did that, the paper on the the window says limited warranty, not ( as is)That paper that they did and trying to put my initial on it, I never get on as is paper, the person that was with me knows that too
Complaint: ***
I am rejecting this response because: I have seen this
letter and rejected it on 9/25/Among the reasons I am rejecting it now and then is that the paint will not be fixed just blended, which will look like the truck has front end damageThe letter does not ensure that the truck will be appraised at a specific value and the wording allows for the dealer to later say " it was not the paint it was 'x', 'y', and 'z' that diminished the value"I feel that this is unacceptableIf Tynan's would like to replace the phrase "will not diminish the value of the vehicle at trade in" with "will give excellent trade in value at time of trade" I would discuss the way to fix the paintIf Tynan's is unwilling to assure excellent trade value the only other way to make it right is to repaint the entire truck including anything that is painted now.
Regards,
*** ***
The customer purchased the vehicle "as is" (attached)
The vehicle was inspected by Tynans Kia and sold at Tynans Nissan, as they are sister stores
After delivery, the customer brought the vehicle back because the brakes were grindingThe measurements passed inspection but were a bit
rusted
Tynans replaced the brakes and did an alignment at no charge to the customer
The customer also brought up a clunk in the front endThe inspection concluded that it was not a safety issue so we are not required to fix it
The customer came back more recently and said that the brakes were squeeking (which is with the brakes that were put on)
He also brought up the clunking again, however we noticed it was not any worse than when we inspected before
The customer was supposed to have to an appointment to look into things yesterday, and the customer did not show up
Complaint: ***
I am rejecting this response because:
The vehicle wasn't bought ( as is).I didn't initial any as is paperThe vehicle came with days miles warrantythey told me that all cars are inspected be they sold themBut they didn't fix any of the problem this vehicle as.
Regards,
*** ***
Again, you can see in the original craigslist picture the vehicle had a dent in the back
The picture we provided as an attachment is indeed a screen shot, but as you can see it was taken on the lot (by our picture lady who takes pictures of every car)In doing research in my system I can see these pictures were added in December, and the dent was present
The customer mentioned to the salesperson that we had the lowest price of similar vehicles at other dealers, and we do feel this was priced accordingly
Every car is pulled under the awning of the dealership for delivery in our designated spot, the dealer was not trying to hide anything The signed states that the vehicle was sold in “as is” condition meaning there may be damage, but the dealership is not required to fix itThe customer makes mention of finding the damage on his way back home, meaning he was off the lot and had already left as owner of the vehicle
We as a dealership are not responsible for fixing any damage on this vehicle
Complaint: ***
I am rejecting this response because: We are very sorry to hear Tynans will only offer 50% of our desired resolution Thank you for providing a copy of Tynan's Buyers Guide (BG) It is NOT the BG I described in my complaint - their appears to be two The FTC states the BG becomes part of your sales contract and overrides any contrary provisionDepending on which BG you look at ……both are NOT marked 'as is'
Although their copy is clearly legible, it is also clearly marked WARRANTY The car dealer must check the appropriate box on the BG to indicate whether the warranty is 'full or limited' and list systems covered It does NOT The dealer did not fill in the percentage they will pay toward labor or parts - it is left blank
Tynans base their decision on the fact they had the paint touched up (Which did not hold up for five months) the sale was a 'good deal' (which is irrelevant to the issue at hand), that it was sold in 'as is' condition (yet they fail to show any documentation as such), as a dealership is not required to do anything (contrary to both BG) and they don't recommend breaking the paint (yet two local body shops have provided written bids as to what is needed to correct the damages)
We have brought the truck back to the dealership twice asking them to correct the damages - both times they refused And only then did they disclose this truck had been purchased at a Nissan auction, been through a sand storm, touched up at their body shop and placed onto their lot for saleWe do not accept the business' response and are requesting full reimbursement in the amount of $2,as initially requested (the amount required to fix the paint/windows) We have based our request on the FTC's requirement that all car dealers must provide a completed and legible BG, the warranty clearly marked on both BG's, Tynan's failure to stand behind their bodywork prior to sale, and the fact they did not disclose the defect existed at the time of sale - which is a breach of contract per the Implied Warranty law
If the dealership is not willing to fully satisfy our desired resolution, we will be left to take this matter to court and allow a judge to determine the outcome Thank you for your assistance
Regards,
*** ***
They didn't give me any papers saying it was months/days warranty They told me that's on all their vehicle under milesI didn't initial any paper saying it was ( as is) and I have a witness that went there with meThey are the ones thar did that, the paper on the the window says limited warranty, not ( as is)That paper that they did and trying to put my initial on it, I never get on as is paper, the person that was with me knows that too
Complaint: ***
I am rejecting this response because: I have seen this
letter and rejected it on 9/25/Among the reasons I am rejecting it now and then is that the paint will not be fixed just blended, which will look like the truck has front end damageThe letter does not ensure that the truck will be appraised at a specific value and the wording allows for the dealer to later say " it was not the paint it was 'x', 'y', and 'z' that diminished the value"I feel that this is unacceptableIf Tynan's would like to replace the phrase "will not diminish the value of the vehicle at trade in" with "will give excellent trade in value at time of trade" I would discuss the way to fix the paintIf Tynan's is unwilling to assure excellent trade value the only other way to make it right is to repaint the entire truck including anything that is painted now.
Regards,
*** ***