Used car engine breaks 2 days after purchase, salesman voids bill of sale, owner wont refund money

[truimagz]

I came on the lot of R & A Wholesale in interest towards a green 1997 honda civic manual 5 speed.

 

The car had transmission problems so I then took the car to a mechanic I know and asked what he thought the cost of repairs would be and if the car was worth it. My mechanic told me it would cost around $1000.00 to fix. So I told Jim Dunn I would give him $1000 for the car as is.

 

Jim Dunn (sales and finance) said he could not and so I left. Later that day Jim Dunn called me and said they would fix the car and sell it to me for $1,900.00, but he would need $1700.00 down.

 

I said that sounded resonible I will come down and give you the money, but I want you to write on the bill of sale that I am not required to purchase the car if I was not satified with the repairs.

 

There is a written agreement that I would not be required to purchase the vehicle if I was not satisfied with the repairs.

 

Upon returning 3 weeks later to pick up the car the repairs had in fact not been completed to my satisfaction because the same problem was still occurring and this was not satisfactory.

At that time I asked for a refund of my money and did not want the vehicle.

 

Jim Dunn said he could not refund the money (gave long sob story and run-around and pretty much told me I would have to take him to court to get my money back). His suggestion was to just let them put me in a different vehicle and use my $1700 as a down payment.

 

He actually had a more expensive vehicle which was also a Honda Civic 5 speed at the cost of $2,900.00, after going round and round with him I finally decided that if I ever wanted my money without filing a civil claim I would need to work something out with them and look at other car options from his lot, this obviously seemed like the easiest route for me.

 

The 96 Honda Civic car seemed ok test driving it, but after only being gone for 15 minutes Jim Dunn called to get me back to the lot.

 

When I arrived I said the car was not worth $2900.00 maybe $2000.00, and after more round and round from Jim Dunn, I finally agreed to take the car for $2900.00 and cut my losses. At least this way I had a vehicle and not out $1700 dollars, instead I'll just pay the extra to be done with it so I can move on.

 

I took the car to get inspected which was around 10 miles at most from his car lot and was told it would not pass without repairs, and I also noticed a tapping sound in the motor.

 

I contacted Jim Dunn and explained this to him. Jim Dunn offered to sell me an inspection sticker for $50.00. I told him no and I would like him to fix the repairs. He would not so I drove about 15 miles to a repair shop to pick up the parts and fixed it myself.

 

Repairs were as follows: rear taillight assembly and new head light bulbs. For a cost of $72.00 total.

 

While attempting these repairs I noticed the engine knocking getting much louder and called Jim Dunn and asked if he would agree to fix the problem or return the car.

 

Jim said drive the car until the following Monday, September 27 and we will look at it.

 

I drove the car home which was about another 15 miles and the knocking was getting louder. I let the car sit the rest of the day in my driveway and planned to bring it back to him on Monday.

 

I did not drive it at all the next day, but the day after that, saturday, I decided to take it by his shop because I really needed this resolved now, and I was in a bad spot sitting with a dieng car and no reliable transportation.

 

On the way back to his shop, about 15 miles from my home the cars engine knocking began getting so bad I called Jim Dunn and said how bad the knocking had gotten after only driving about 50-60 miles and I do not think the car will make it to his on Monday, and that I was on my way to his lot right now. The car died before reaching his lot but I managed to get the car back into his lot by manually pushing it into his lot.

 

Jim Dunn then arrived at the lot and wrote on the bill of sale that has rod knocking will void bill of sale on 96 honda brought back car on 9/25/10.

 

But upon asking for a refund of my money from the Dealership owner I was told they don't do refunds and he does not care what the salesman wrote on the bill of sale, and cannot get any further response from the dealership owner.

 

Jim Dunn then said for me to take the green 97 honda with the transmission problem or let me put you in another car (which was again much more money) but it would not be a Honda.

 

I said I already told you I do not want that Honda in the condition it is in and no way was I taking it. I want my money back.

 

Jim Dunn then said he was done and had nothing else for me, and that I would not be getting any money back, he then locked the office, took the keys to the car and drove off with me standing in his lot without a car or my money.

 

At this time they have $1,700.00 of my money as well as the car and I want my money back. I have filed a complaint with the attorney general as well as the better business bureau.

 

I would like my $1700.00 back so I can go elsewhere, at this time I have no transportation and no money for a down payment to get another vehicle.

 

Please refund my money like you agreed to do in writing on the bill of sale.

Edited September 27, 2010 by truimagz

[Conniff]

Sorry you didn't receive a reply to your question whatever it was, but it says that you made the post at 22:42 last night and your edit shows you deleted it at 09:21 today, not a lot of time as that is when people usually take to their bed.

[truimagz]

I understand completely.

 

Sorry, and I still would like a response I was worried about posting this here before speaking with my attorney.

 

If you have advice for me I would appreciate it

 

I will repost the complaint in my original post so others may find answers if they have a similar problem as well.

 

I have filed a complaint with the attorney general and BBB, and am sending out a certified letter to the business tommorow.

 

Thank you anyone who may have some additional advice, or thoughts on a civil court outcome. Do I have a chance?

[Conniff]

Nothing you say here is binding and your identity is not revealed, so post it up and you might just get the answer you require.

[Conniff]

The monetary signs are in dollars and you mention an attorney - are you in the US ?

[truimagz]

yes I am in the U.S.A

 

From what I have found out so far is that even though on the bill of sale it says sold as is, no prior inspection, that it is against the law to sell a vehicle without inspection.

 

The dealership owner's defense is that he claims that within those 60 miles of driving the car that I had been "hot rodding" it and caused the problem myself.

 

Obviously I told him I had called Jim Dunn about the engine knocking the same day of driving it of the lot after only going 10-15 miles. And there was no way that me driving the car 50 miles would cause that even if the car was in perfect condition and I drove the **** out of it.

 

The car had issues within minutes of leaving the lot and his salesman was aware and said bring it back, and even wrote on the bill of sale that he will void it.

 

 

And yet the owner says **** off they are keeping the car and my money but I could come get another car for more money.

[Conniff]

The thing is truimagz this is a UK site and I don't think we are up on US law or US consumer regulations to be able to respond to your problem.

One thing I do know that we have in common though is you shouldn't take any nonsense from him and you should issue that summons. Don't converse with him on the phone unless you can record the calls and keep all your correspondence to him by recorded mail.