Complaint Review: Budget Truck & Car Sales

SUBJECT: BREACH OF CONTRACT

To whom it may concern:

Budget Car and Truck Sales at 3105 East Sahara, Las Vegas, Nevada 89104 is accountable for Breach of Contract on March 3, 2003 when Mr. Ray Fernandez, Finance Manager and Mr. James A. Stoll, Sales Consultant and acting Sales Manager unethically and professionally harassed us by harshly getting back the newly purchased 2001 Dodge Grand Caravan Sport last February 21, 2003 and returned our trade-in 1993 Toyota Corolla 10 days after the date of final sale was made, all against our will.

They also deceived and swindled us and were too mandatory that our only option was to replace the lower mileage Dodge Caravan newer model with warranty, to either Hyundai car or Ford car, both older models with higher mileage and no warranty at all. A contract when signed and dated by both parties is legal and binding; therefore, it is irrevocable and final, unless company payment policy is delinquent and they have no ground for this whatsoever on our end, and they should know that on the first place when engaged in business operation like this case.

We all have proofs and evidences. To name them, Purchase Order was signed and dated by both parties with stock number 904942T 2001 Dodge Caravan, Maroon with Serial number 2B8GP44361R204942; Simple Interest Vehicle Contract and Security Agreement; Theft Code #: 188148; Cross Country Motor Club Enrollment Certificate #: 814770; 36 month / 100,000 mile PowerTrain Limited Warranty with Contract #: 64846432; Odometer Disclosure Statements of both parties, Karr-Lock Security Systems Registration #: 41762; Carefree Car Protection Plus Mechanical Failure Service Contract #: 83865586. All of them are sufficient supporting documents, all signed and dated by both parties which is very clear that everything is NOT pre-approval but FINAL SALE. This is definitely Breach of Contract.

Breach of contract is when someone breaks a part (or whole) of a written agreement. If a breach of contract happens, you can (1) negotiate to find a solution that all parties agree upon (2) sue the person who broke the contract for money in damages, or (3) have the court force the person to carry out the terms of the contract.
We demand our Caravan back. This time, free of charge, no more monthly payment, along with the corresponding warranties as we first agreed, and no more trade-in of our car, as your penalty for all the hassles, researches, attorney consultation, trouble and damage it caused our family to suffer pain, after all that had been done to us. Failure to grant this demand or settlement within 72 hours right after the receipt of this letter, we will take legal and public actions, bringing the matter to federal business authorities like: The Better Business Bureau that handles complaints about Improper Selling Practices, Unfulfilled or Breach of Contracts, Unhonored or Breaking Guarantees or Warranty, Misleading Information to Customers, Discremination, BBB of Southern Nevada, Inc. WWW: http://www.vegasbbb.org Email: scampbell@vegasbbb.org Phone:(702)320-4500 Fax: (702)320-4560 2301 1 Palomino Lane Las Vegas, NV 89107 -4503; The Federal Trade Commission that works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261, Better Business Bureaus BBB of Southern Nevada, Inc. 1022 East Sahara Ave. Las Vegas, NV 89104-1515 Phone: 702-735-6900 FAX: 702-735-8591; Consumer Protection State Offices Commissioner of Consumer Affairs, Dept. of Business and Industry State Mail Rm. Complex Las Vegas, NV 89158 Phone: 702-486-7355 800-992-0900 (toll free in NV) TDD: 702-486-7901 FAX: 702-486-7371; National Consumers League, Clark County and Las Vegas Business Department, The National Association of Attorney's General.for Consumer Protection Against Deceptive Business Practices, Nevada Attorney General Brian Sandoval (R) Website: http://ag.state.nv.us/ Phone Number: (775) 684-1100 Address: Old Supreme Ct. Bldg., 100 N. Carson St., Carson City, NV 89701, etc.

All these offices govern and control your business operations in Las Vegas, Nevada for violation of the law and equivalent penalty in fairness with us with the assistance of media locally, nationwide and internationally as needed. We are serious in bringing this matter to your attention before worse comes worst and the image and reputation of your corporation is badly affected with the conduct and practice of two people. We are waiting for your immediate response and prompt action before we go deeper. You can bargain for settlement with us with our terms as mentioned above for all the waste of time, money, effort and troubles, heart aches, etc everything!...

When a vehicle is released to the customer, pre-approval has been made, the whole process is properly looked into, qualification is thoroughly examined, line of credit is considered, financial banking institution is well-negotiated for vehicle loan, and final approval is granted through Contract and Purchase Order, and other signed agreements that accompany it, etc.; and thus, finalizing Sale. This should be the correct process and fair procedure. Budget Car and Truck Sales procedure for releasing vehicles to customers must be reviewed, revised and redefined so as not to cause so much trouble and pain on us.

The mangers whose names appear above had approved us that we traded in our 1993 Toyota Corolla to a Dodge Grand Caravan Sport 2001 Model with additional 350 down payment and $399.35 monthly payment for 72 months to pay during Budget Car and Truck Sales of Las Vegas Grand Promotional Sale held at Texas Station Casino Parking Lot on February 21, 2003. Everything was finalized. The final Sale was made. Negotiation and bargaining were over and done. The contract was signed and dated by both parties and therefore, the agreement is legal and binding. Again, so to speak, it is irrevocable and final.

Nothing was known to us that they would get back the van after 10 days when things won't workout on the vehicle loan; instead, they gave us assurance that everything was set and approved, okay to be released for our use as long as we keep our end of the agreement to pay monthly on time until it is fully paid. We have not violated anything wrong which is against Budget Car and Truck Sales company policies. They are these 2 managers who Breach the Contract. They have no legal grounds for doing such a very unlawful act to us. They are unfit for the job and they do not know what they are doing. They are so rude and their conduct and practice is very poor in their financial and sales business dealings with their customers, the general public. They have inadequate knowledge of the business law of operation and practice. Further trainings should be done to these 2 people or something fair action will be executed to them as their penalty for inhuman behavior.

On the same day of March 21, 2003, right after the van was released to us, we excitedly went home only to find out that the odometer was not working. The needle was pointing to zero even if the van was moving and running. We contacted right away Budges Sales Office and informed them about it and they said they cannot do anything about it since it is under warrant by Dodge. So, we went to Desert Dodge Las Vegas to have it fixed. It took us the whole day of waiting before it was working again. Our 4 month-old son was even with us and the Dodge staff were very accommodating and prioritizing us and helped us, knowing that we have an infant with us, too. We also have the 2 front doors tinted and the front glare strip also tinted. We ordered the van instructional manual for it did not go with it. We have made several improvements of the van with just in 10 days and so much has been done with this span of time. Plus, its fuel. When they got our van, it was full tank of gasoline because we just came from a gas station before going to the Budget Sales Office to obtain the green slip as requirement for vehicle registration. They said they didn't have it that time at the Texas Station Casino Parking Lot Grand Sale at the time of Purchase for it is in their East Sales Office. So, we came back 10 days after the said purchase to get the said green slip, only to find out they got the van back and didn't even listen to our side. We even told them to bring the matter to the top management or to their boss for resolution, something can be done before they will regret for the wrong decision they made, and wrong selling and financial practice for the rest of their life for not consulting the owner or president or even the GM. They closed their door to us and said it is final to get the van back, nothing more and were so very sarcastic. We even mentioned Breach of Contract, Improper Selling Practices, Unfulfilled or Breach of Contracts, Unhonored or Breaking Guarantees or Warranty, Misleading Information to Customers, Discremination, fraudulent, deceptive and unfair business practices in the marketplace, etc. but the finance manager only said, I do not care. I cannot do nothing about it and there's no need for top management to know further. My boss is aware of it We do not think so because when the owner knows about the whole thing, THE FACT, HE OWNS IT, he can do something to accommodate us because this is not absolutely our own fault at all but the finance and sales manager for not anticipating it to happen, by checking first everything, before approval and releasing the van, to be fair with us and as I said, nothing has been known to us that it will end this way. It is final approval and ABSOLUTELY NO TERMS for conditional status at all that we agreed both in writing and oral, NOTHING! We said, you can talk to the owner or president so you guys and your company will not be in trouble for the biggest mistake you did, the finance and sales managers. They only kept on bugging and harassing us for the van key. That's all they did care about doing. They were so rude. That was all they care about and nothing else but the van. These two people as stated above are guilty of such things as articulated earlier and for just sake, they need to suffer the consequences for their choice and wrong doing. The top management must do something about them..

Please spread the news and help us get this news out to every one you know and so we can get this resolved ASAP!!!