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seeking advice w/dealership problem?

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Old Jan 28, 2006 | 06:38 PM
  #1  
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seeking advice w/dealership problem?

I bought a 97 Ford E-150 Conversion Van (with 34K for $10,400) for medical reasons on Nov 5th, via the web from an out of state dealer in N.J. The salesman stated the dealership would guarantee it would pass inspection, or they would send a check for repairs. I actually believed the guy. They also said it was thoroughly checked by their mechanic. He looked pretty honest too! The owner was as slick as they come. Can't tell till you later have a situation and need to deal with them, however. Here are my problems:
#1. 5 mins after he made this statement (I had two witnesses) I signed the pages of contracts, one tiny line on one of the pages states repairs only to be made at this dealership. He of course did not make any mention of this fact. This would be a $100 driving expense to get there, a $50 deductible for any repair, plus six hours drive time, if all went well.
#2. It did not pass inspection ($915), their mechanic could not have done much of any inspection, I was not provided a copy of the inspection report which was requested prior to signing the agreement. I also had less than 1 hr to decide to buy the vehicle. It looked like new.
#3. Under the 30 day warranty, the motor started and continued to stall, 34 times. The dealer refused to return e-mails, phone calls or certified mail. I paid all together, $2208 for repairs. The creative billing by the local Ford dealer is another topic! The van was in the shop for more than five weeks. The last month was spent at a small private garage, as I could no longer afford the Ford Dealer fees, as no one was able to determine the problem after a great deal of other parts had been replaced. I finally had the computer and MAFS replaced, and so far, so good.

I attempted to compromise via American Express, which is how I bought this. They made some mistakes on the claim via their dispute dept, and offered some money as a goodwill gesture. The dealer refused to make any ammends during the discussion with the person from the executive offices of AE, and has paid nothing.

At one point, the owner of the company called and said to me, the contract did not allow any repairs, not made at his dealership. This is not what his salesperson stated. Nonetheless, he went on to say:
"they have had at least 50 cars not pass Pa. inspection, which were sold from his dealership in N.J." and that they have this "taken care of" at an STS dealership in Pa.,
I asked if the young man that sold me this van was one of his best salesman, he stated "not by a long shot",
I told him the radiator was found to have a leak, he inferred "I created this by abusive driving taking the vehicle to my home",
He stated he would offer $400 of the $915 I paid for the inspection and said "I would have to beg him for the money!",
He stated "I see we still owe you a title, see if you get it", and then withheld the title for 19 days and over-nighted it with one day left on my temporary registration,
He provided a document with the title stating I did not pay the sales tax ($411), which I had, and then he had to overnight a check to the State to pay the tax,
His phone conversation was a compilation of untruths, intimidation, threats and completely disrespectful.
If anyone would like to offer lawful suggestons, how might this best be dealt with?
#1. He is not a member of the Chamber of Commerce.
#2. American Express could not use eye witness accounts as testimony nor the phone conversation.
#3. This has been exceedingly stressful, which is the last thing I need. I have spent many many hours writing letters and trying to get assistance.
#4. If I have to request a hearing in N.J., my companion is a social worker with 3 jobs and would lose a days pay, my mother has had two heart surgeries and is taking care of her husband who just had surgery, as well as a brother with severe diabetes, and would not be able to travel to testify.
#5. I suffer from chronic pain and fatigue as a result of having had cancer, back and neck surgeries, mercury poisoning and other issues too numerous to get into, and it is difficult for me to travel, and even more so under this stress.
#6. I am outraged with this dealers attitude, his threats and attempts to intimidate. I would like to see some justice in this case, have the public informed as to what they are doing, and feel I should be entitled to reimbursement for inspection and motor repairs.

Does anyone know if there are any Laws that would apply for Interstate Commerce Fraud? Does anyone know how the adjudication system works in a case like this in New Jersey? I am told there is little chance of anything coming from a complaint to the Attorney General's Office.

Any suggestions will be taken into consideration. Thanks for taking the time to read my post!
 
Old Jan 28, 2006 | 07:38 PM
  #2  
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tps0424
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From: Bristol, RI
Wow. I don't have any suggestions for you being from RI and all but, good luck with this mess!
It looks like you made a couple of mistakes that are going to cost you dearly. The first was not getting the inspection report as you requested before signing for it and the second was not reading the contract fully before you signed - the part that says they must do all of the repairs. I'm no lawyer but, I think, they got you.
I'm sorry that had to happen to you. Good luck!
 
Old Jan 29, 2006 | 01:33 AM
  #3  
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Get a lawyer. This is NOT the place to get legal advice.

I'm not trying to be a smart alec, just making a point. All the "sea lawyers" in the world could respond, and it wouldn't be worth diddly.
 
Old Jan 29, 2006 | 02:31 AM
  #4  
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From: SW Iowa
I think I would have a little visit with my county attourney. They may have had some experience dealing with situations such as yours where you cross state lines. If nothing else, they may be able to recommend a good plan of attack with someone who has legal experience in these types of dealings. And their legal advice is already paid by your taxes.

If I were you, I'd be careful of hiring legal expense on any action you may take against this dealership, as at $250/hr those lawyers really add up fast, and you are only talking a vehical you paid a little over 10 g's for. Maybe best to cut your losses and run with what you've got on this one rather than pursue a dead horse. Chalk it up to education.


I certainly would though send a letter explaining the dirty dealing he has done you on this used van to the primary manufacturer of the vehical products he is selling(Ford, Chevy, Chrysler). At least it would then be on file there. They may already know of his shoddy dealings and are building a book of evidence on him to lower the boom once enough has been collected.

Sorry to hear about your bad luck dealing out of state using the I-net. There are risks involved whenever you deal in used stuff and the deal goes bad. With new, you at least have a manufacturer standing behind their warranty.
Good Luck, and remember an education is never free.
 

Last edited by 4wd; Jan 29, 2006 at 02:42 AM.
Old Jan 29, 2006 | 02:52 AM
  #5  
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From: Damascus-Boring, Ore
re: complaint to AG's office. Would have to be in the state you purchased the vehicle. Worth a try, but I don't know how pro-active NJ's Ag is. I see a number of violations in that story that would get a dealer's licence pulled on the West Coast.
 
Old Jan 29, 2006 | 10:07 AM
  #6  
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IMO I would cut my losses if I was you. It does sound like the dealer wasnt fully cooperative, but all in all I really dont think there is alot that can be done about it. One thing to think of, is maybe report him to the business bearuo. That can inform the public more then anything I would imagine.
 
Old Jan 29, 2006 | 12:11 PM
  #7  
dono's Avatar
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Originally Posted by rikfish
Get a lawyer. This is NOT the place to get legal advice.

I'm not trying to be a smart alec, just making a point. All the "sea lawyers" in the world could respond, and it wouldn't be worth diddly.
I know a lot about eggs, but I am not a chicken. Does that negate my knowledge and experience with eggs? By your logic, the many questions in these forums pertaining to problems with our trucks should be directed only at mechanics, with the considerable knowledge and experiences of others not "worth diddly". Cevaet Emptor!
Dono
 

Last edited by dono; Jan 29, 2006 at 12:14 PM.
Old Jan 29, 2006 | 12:50 PM
  #8  
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From: Sarnia, Ontario, CANADA!
Have you read the Guidelines recently?

"You may not use this site to discuss or organize any legal action, including but not limited to class-actions."

Sorry...Thread Closed.

-Matt
 
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