Dealership Sold Me A Lemon!
01-03-2005, 12:28 PM
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Dealership Sold Me A Lemon!
VIN: JHMAP11431T005196
Hey guys,
Let me explain my situation. I purchased my 2001 S2000 a little over 4 months ago from Rusty Wallis Honda in Dallas, TX. It had exactly 40,000 miles and I ended up paying $20,000 + TTL. I thought this was a pretty good deal, drove the car for a month or so and loved it. About 1 month later I find someone who can run a Carfax report for me. He does and I find out the car has had 4 previous owners, was once a fleet vehicle and was sold back to the dealership last March as a Lemon!! I was absolutely shocked when I heard this. I asked the salesman if there had ever been any problems with the car previously, and he said no, none at all. I asked how many previous owners and he said one. I didn
Hey guys,
Let me explain my situation. I purchased my 2001 S2000 a little over 4 months ago from Rusty Wallis Honda in Dallas, TX. It had exactly 40,000 miles and I ended up paying $20,000 + TTL. I thought this was a pretty good deal, drove the car for a month or so and loved it. About 1 month later I find someone who can run a Carfax report for me. He does and I find out the car has had 4 previous owners, was once a fleet vehicle and was sold back to the dealership last March as a Lemon!! I was absolutely shocked when I heard this. I asked the salesman if there had ever been any problems with the car previously, and he said no, none at all. I asked how many previous owners and he said one. I didn
01-03-2005, 12:43 PM
#2
I dont think its even legal to sell you a car that was a lemon without them telling you so first. You would of had to sign something that says that you are aware of the situation. A lemon can't be certified. Thats probably what it needs to go back for, a safety and cetification check. We use to sell cars at our dealer that werent checked yet and just ask the customer to comeback the next day. The shop gets busy sometimes and dosent really get around to the new pre owned inventory.
I would return the car if I were you and they better not give you crap for doing so, they said themselves the deal wasnt finalized plus they did not inform you of the cars history correctly. Besides I think 20 is to much for a 01 S with 40k.
I would return the car if I were you and they better not give you crap for doing so, they said themselves the deal wasnt finalized plus they did not inform you of the cars history correctly. Besides I think 20 is to much for a 01 S with 40k.
01-03-2005, 01:57 PM
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70 views, only 1 reply? Anyone?
Thanks revhi, I'm going to go up there right now and speak to a manager. I'll let everyone know what happens tomorrow morning.
Josh
Thanks revhi, I'm going to go up there right now and speak to a manager. I'll let everyone know what happens tomorrow morning.
Josh
01-03-2005, 02:43 PM
#4
Based on your story it sounds like they screwed up, intentionally or not, and are now looking to ensure it doesn't come back to bit them. It sounds like you are back to square one. You could ask for you money back. You could re-negotiate for a lesser amount and take your chances. Personally a lemon car with 4 prior owners is not one I want in my garage. But if you are willing to take the chance, I would suggest you hold out for a really low ball price. If by asking for legal advice you looking to get even or get greedy, then you need a real lawyer and plan on giving him 1/3 of the winnings after all the headaches.
01-03-2005, 03:02 PM
#5
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OK, this is what I get from this.....
The ''accounting department" - prob one guy... has realized what they have sold you. They have to know that there can be serious repercusions for what they did. Let me ask you this...why would a tech inspection need to be performed if there is a contract issue? It wouldn't. It is all smoke and mirrors. I am willing to bet that after thier "tech inspection" (basically another guy that'll say..yup, thats the one) they will return and try to take the car back.
Its bad business and they know it. If it got out to the public that that dealership was certifying lemons and selling them, the bad PR that will come out of it will no doubt send many of thier employees to the unemployment office. I know it has to suck cuz you just did you '04 front end mod over the weekend.
That in itself puts you in a new position. You have a week, I would be safe and change it back before going up there...it will only make things more complicated. But thats essentially what they are up to...and I personally would call them on it and milk thier money cow dry (with the threat of litigation).
A WORD TO THE WISE: NEVER TRUST A CAR SALESMAN.
Good luck, keep us posted.
The ''accounting department" - prob one guy... has realized what they have sold you. They have to know that there can be serious repercusions for what they did. Let me ask you this...why would a tech inspection need to be performed if there is a contract issue? It wouldn't. It is all smoke and mirrors. I am willing to bet that after thier "tech inspection" (basically another guy that'll say..yup, thats the one) they will return and try to take the car back.
Its bad business and they know it. If it got out to the public that that dealership was certifying lemons and selling them, the bad PR that will come out of it will no doubt send many of thier employees to the unemployment office. I know it has to suck cuz you just did you '04 front end mod over the weekend.
That in itself puts you in a new position. You have a week, I would be safe and change it back before going up there...it will only make things more complicated. But thats essentially what they are up to...and I personally would call them on it and milk thier money cow dry (with the threat of litigation).
A WORD TO THE WISE: NEVER TRUST A CAR SALESMAN.
Good luck, keep us posted.
01-03-2005, 03:18 PM
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Google is your friend. Searching for 'texas', 'lemon' and 'vehicle' finds Texas Motor Vehicle Commission Code Lemon Law Statutes
In there is says:
So, were you the first retail buyer after the lemon law buy-back? If not, then it looks like they were under no legal obligation to tell you about it.
Selling it as a Honda certified used car may be another matter. This won't be covered by any law, but by Honda NA's own program rules. The "accounting department" that's complaining about the deal not being finalized may be the corporate folks refusing the dealer's request to sell a warrantee on your car.
In there is says:
2301.610. Disclosure Statement
(a) A manufacturer, distributor, or converter that has been ordered to repurchase or replace a vehicle shall, through its franchised dealer, issue a disclosure statement stating that the vehicle was repurchased or replaced by the manufacturer, distributor, or converter under this subchapter. The statement must accompany the vehicle through the first retail purchase following the issuance of the statement and must include the board's toll-free telephone number that will enable the purchaser to obtain information about the condition or defect that was the basis of the order for repurchase or replacement.
(b) The manufacturer, distributor, or converter must restore the cause of the repurchase or replacement to factory specifications and issue a new 12-month, 12,000-mile warranty on the vehicle.
(a) A manufacturer, distributor, or converter that has been ordered to repurchase or replace a vehicle shall, through its franchised dealer, issue a disclosure statement stating that the vehicle was repurchased or replaced by the manufacturer, distributor, or converter under this subchapter. The statement must accompany the vehicle through the first retail purchase following the issuance of the statement and must include the board's toll-free telephone number that will enable the purchaser to obtain information about the condition or defect that was the basis of the order for repurchase or replacement.
(b) The manufacturer, distributor, or converter must restore the cause of the repurchase or replacement to factory specifications and issue a new 12-month, 12,000-mile warranty on the vehicle.
Selling it as a Honda certified used car may be another matter. This won't be covered by any law, but by Honda NA's own program rules. The "accounting department" that's complaining about the deal not being finalized may be the corporate folks refusing the dealer's request to sell a warrantee on your car.
01-03-2005, 03:27 PM
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if you wanna make a stink out of this, call your state attorney office about the lemon law. Tell them exactly what happened and chances are they are going to investigate. Another option is give the car back and get another one at another dealership. You had your fun why go through all the headaches? Just my 2 cents.
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01-03-2005, 03:36 PM
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If I where you, I would have them buy the car back for the amount sold, plus any expenses you incurred (fees, etc.).
You can get a much better deal than you did, just shop around.
Take someone with you as a witness when you talk to the dealer. They will probably try to sweet talk you. Let the person that goes with you know the whole situation so they can warn you when you are being set up.
The dealer is in business to make money and is not your friend. The best you can ever do at a dealer is get a halfway decent deal. At worst (more often the case) you will get taken to the cleaners.
You can get a much better deal than you did, just shop around.
Take someone with you as a witness when you talk to the dealer. They will probably try to sweet talk you. Let the person that goes with you know the whole situation so they can warn you when you are being set up.
The dealer is in business to make money and is not your friend. The best you can ever do at a dealer is get a halfway decent deal. At worst (more often the case) you will get taken to the cleaners.
01-03-2005, 03:56 PM
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Unless you can prove that it wasn't an honest mistake, I suspect the situation may not be as good as you might like.
If they take the car back, they may be allowed to reduce the amount they pay to you by depreciation for the mileage you put on it - I know some other states allow this. Unless you've changed your mind about what car you want, this may not be the best option for you.
They may try to get you to keep the car with a dealer warranty rather than a Honda warranty. I don't think I'd go for this myself. They might be willing to trade you for a comparable S2000 that really is Honda certified, which might be your best bet.
You could negotiate for a reduction in the price instead of the warranty, but you'd be taking a risk on future repairs. Then again, if it's been a really good car for four months, it might be worth it.
If they take the car back, they may be allowed to reduce the amount they pay to you by depreciation for the mileage you put on it - I know some other states allow this. Unless you've changed your mind about what car you want, this may not be the best option for you.
They may try to get you to keep the car with a dealer warranty rather than a Honda warranty. I don't think I'd go for this myself. They might be willing to trade you for a comparable S2000 that really is Honda certified, which might be your best bet.
You could negotiate for a reduction in the price instead of the warranty, but you'd be taking a risk on future repairs. Then again, if it's been a really good car for four months, it might be worth it.