Westchase Apartments

Initial Business Response /* (1000, 6, 2017/06/30) */
Re Case #[redacted]
Here is the attachment giving my response. Please advise if there is any further information that should be included.
[redacted]
Dear Sir;
Further to your recent...

letter of May 15, 2017 and your subsequent visit to my office, I would like to respond to your concerns.
First, you quoted several pieces of the Ontario Motor Vehicle Dealers Act. As we are not in Ontario, nor have I ever lived or worked in Ontario, I am unable to comment on that Act.
As far as misrepresentation, I would have to disagree. You purchased a [redacted] truck. It is four years old and has 96,865 kilometers on it. There are minor cosmetic deficiencies as there are on any four year old vehicle with 96,000 kilometers on it.
In your letter you stated that you asked for a Canadian "Car Facts" report several times that was not provided. You did indeed ask for this after you bought the truck. You came to the dealership and requested it and I stated that I would get one for you. You then came back a couple days later. Unfortunately, the computer system at [redacted] was down for one week.(l have an email from them stating this which I showed you when you were in). I pulled a [redacted] report and gave it to you. It showed an accident claim of $[redacted]. Had you asked for a report prior to buying the truck, your decision to proceed may have been different, although a claim of $[redacted] is a minor issue.
As for not getting a "complete sales package", I am not quite sure what you were looking for. You have a copy of the bank contract as well as the bill of sale. I am at a loss as to what else you require.
This was not a rush sale or purchase on your part. You came in to our sale in the morning of May 3rd and the sale was not completed until late afternoon. You took the vehicle on two test drives by yourself. You had plenty of time to look over the truck and decide if the purchase was right for you.
After you bought the truck, the "check engine" light came on. You brought this to my attention and I told you to take it to the dealership so they could diagnose it. That was done and the service

department informed you that there was a problem with the active grill shutter system and that a part had to be ordered. This part is on order and will be replaced at no charge to you. Hopefully, we will be able to do this repair with as little inconvenience to you as possible.
When you purchase a used vehicle anything could go wrong. We check our vehicles before they are sold, however a four year old vehicle with 96,000 kilometers is going to have some things that are not perfect. That is why we insist on the customer taking the vehicle and testing it before we make a final deal. We stand behind our product and , as you have seen, do not intend to charge you for this repair.
You indicated to me and to the [redacted] Dealers Association that you think I am lying about the check engine light. You indicated that we shut the light off so we could sell it, then the light came on after the sale. This makes no reasonable sense. What would we have to gain by doing this? Had the check engine light come on prior to the sale, we would have fixed it then, rather than after the sale and have to deal with an upset customer.
When you purchased the truck, you were looking for a vehicle to tow your pizza oven. I believe this is a good vehicle for you and once we get the check engine light fixed, I am sure you will agree with that.
If you have any further concerns, please contact myself. Yours Truly
[redacted]
Sales Manger
Initial Consumer Rebuttal /* (3000, 8, 2017/07/05) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Since there is no regulatory body overseeing 'certified dealers' in NB claiming ignorance, it's easy for them to screw people over??
(this is the document I submitted trying to deal with this dishonesty)
Re: Rescission requested under Section 50, General Regulations, Motor Vehicle Dealers Act (MVDA)
On May 3rd, 2017, I purchased a [redacted], (VIN) [redacted] at a total cost of $[redacted]
A misrepresentation of fact was induced before the contract was signed which is fraudulent.
Unfortunately, I have recently learned deliberate, undisclosed major damage was found under the hood, a recent paint job was done on the front end of the truck, the grill was smashed and glued, a hub cap is missing and a Canadian 'Car Facts' was requested several times and still not provided and a complete sales package was NOT provided. I was charged for a [redacted] mint condition, not one with hidden issues!! Also, as shown in the 'money saver', a $[redacted] gas card was not provided!
Not only is this a breach of contract, it's a breach of trust for future sales with your company!
It is my understanding this information should have been disclosed in writing, in a clear, comprehensible and prominent manner, as required by Section 42 of the General Regulations, Motor Vehicle Dealers Act, 2002. Further, the absence of this information entitles me to rescind the purchase agreement within 90 days of taking delivery under Section 50 of the Act's Regulations regardless of whether or not you knowingly failed to disclose this information to me.
Based on this information, and in accordance with Section 50, please consider this my formal request to return the vehicle due to breach of contract.
I understand you are required to refund all monies paid under the contract, including money paid for extended warranties or service plans. Including communication with [redacted] about your 'breach of contract'.
I would appreciate your response within five business days.
** pulled the American [redacted] which shows very little, but it did show an accident and high cost repairs... I was under the impression since a 'certified dealer' wasn't giving me negative information on the vehicle, the vehicle was for the most part in mint condition... but that wasn't the case... How does a dealship finalize a price on a vehicle if it's not thoroughlty checked out from top to bottom, including lights on the dash showing there is damage??? A certified dealer would know the history of the vehicle before pricing it, correct?? What was the price of the [redacted] based on?? I took my truck to a dealer in [redacted] and they said they'd give me $[redacted] for it and the number was low due to the history of the vehicle!!! I was charged twice that amount and this truck is not worth it, with the history of the vehicle, so what was the price based on???
I requested the history of the vehicle about 10 times, as mentioned before, from 3 different sales people, and I heard 'yeah yeah yeah' we'll sit down and explain everything in detail,,, which was NEVER done!!! If a 'certified dealer' doesn't give an 'dirt', there must not be any?? Can certified dealer be trusted in NB with no regulatory body overseeing them??
** writes... It showed an accident claim of $[redacted]. Had you asked for a report prior to buying the truck, your decision to proceed may have been different, although a claim of $[redacted] is a minor issue. (it's an accident!!)
** writes, 'You had plenty of time to look over the truck and decide if the purchase was right for you.'
Yes, looking at the truck, there was a cracked grill and a hub missing, which was to be replaced, but what wasn't known, and impossible to discover, was the damage under the hood, the pricy repairs made on the vehicle and the accident, minor or major, how was I to know?? ** said "a few touch up's of paint, truck was driven around town to the grocery store and back, type driving...',
The engine light came on, I called the dealer to mention this, ** said to bring it in to be reset, the mechanic pointed out that there was major damage under the hood and the dealership said they'd fix it, the engine light came on again and I called ** questioning this. ** proceeded to say the light came on due to the damage under the hood, admitting they knew of this prior, how could they not have???
Why was this damage not fixed before selling the truck? Why was no 'sales package' handed over to me before contract was signed??
The used Vehicle Information Package (UVIP) includes:
Description of the vehicle
Vehicle Identification Number (VIN)
Plate Number
Year, Make
Model
Colour
Body Type
Cylinders
Power
Status
Brand
vehicle registration history
Odometer information
Outstanding debts (link to liens) on the vehicle
Wholesale and retail values for the vehicle's model and year, if available
Retail sales tax requirements
Bill of sale
Tips on vehicle safety standards inspections
Who needs a Used Vehicle Information Package?
You need a package only if you are privately selling a:
Car
Van
Light truck (gross weight of 3,000 kilograms or less)
Self-propelled motor home
Motorcycle
** claims... 'We check our vehicles before they are sold,' so how does a certified dealer not know of damage under the hood when the truck tells you???????
** writes, 'When you purchased the truck, you were looking for a vehicle to tow your pizza oven.' So why did the credit application have 'employed' checked and I made $48k a year when I did NOT give that information?? Fully dishonest right from the start!!
I've heard from several people in town that you have to watch out for Moffatt's, they screw anybody they can just to get a sale. As Ed stated, they need to sell 40 vehicles a month and it's not easy, which creates dishonest sales people who do what they can to move vehicles, honestly or not, whatever it takes, right??
I'd like to have the truck reassessed by 2 different dealers and the balance difference reimbursed by Moffatt's, which I can put towards my payments for this [redacted] I was over charged for!!
Thank-you for your time,
[redacted]
Final Business Response /* (4000, 11, 2017/07/10) */
The customer bought a [redacted] with approx 95,000 kilometers on it. The day after he bought it, the "check engine" light came on. We set up an appointment to have it diagnosed. The truck needed front grille shutters. WE ordered them and they were installed a few days later. He claims he never got the $[redacted] gas card that we had advertised with the purchase of a vehicle. We issued him a check as the Red Rooster( where we buy our gas) did not have any gift cards at the time. The customer had plenty of time to test the vehicle and make his own decision if the vehicle was right for him. The sales process took most of the day. There was no "fast talking" or pressure. Our position is that you bought a truck and although you had a check engine light come on(which we fixed at no charge to you)the truck is in good condition and should meet your needs.