Complaint Review: Sovreign Automotive and Financial LLC

Sovereign Automotive and Financial LLC and Liron Shalom one of their two mechanics who purchased this Salvage vehicle from Robert William Jerklin III posted an online ad at cargurus . com in Spring 2015 for a 2004 PT Cruiser GT Turbo with 77,000 miles worth $5600KBB for $3000. The car had a salvage value of $100.  They were regularly posting dangerous wrecks up for sale with enhanced photos and giving them values they didn't have. Photos were shown of the car with $500/down in yellow paint on the car dealer's lot not at anybody's home. It was never said it was a Consignment. I flew to Fla in April 2015 thinking they were telling the truth.  In July 2016, the FHP suspended this dealer's license, VI-1048000 for doing this same exact thing as happened to me. Later there was another review they were selling dangerous wrecks with "doctored" photos. That is 100% true.  For those of you who are despairing under crooked car dealer's who lie and make you think you have NO legal recourse, you can't afford an attorney or have to do it yourself, I cite the caselaw you can use. It varies from state-to-state on some cases so do the research yourself on cases that back up your case, i.e. I'm doing Florida caselaw here.

You had to go through the dealer's online ad to talk to them about car. I did not look for a Private Seller, I looked for a Dealer for a reason. I didn't want to be stuck without any recourse with a lemon or a fraud. Well they sent me to their mechanic Leo who told me I could buy it from them or him. I got all these text messages "runs great, come get it" etc. ALL of them at this Dealership knew it was basically a salvage that wasn't worth what they claimed, it had never had a title transfer into a salvage title it should have had (I found this out later), the Notice of Sale was forged in the original Seller's name, address, and signature. There was no Carfax posted but because they were wearing Orthodox Jewish clothing I thought they were honest. It's against the Torah to misrepresent an item for sale. There was no FTC-mandated Buyer's Guide in the window. They also didn't put it in their inventory because they knew its conditiona nd wanted to hide the fact they'd had it on their lot. They intended to defraud anybody. It had been cosmetically but mechanically repaired so was unsafe to drive because it had never passed inspection and was actually illegal, and it also needed a new engine which was made worse by the leaking coolant problems. It overheated constantly and wasn't a sensor, it was a head gasket problem. It was difficult to steer cuz of loose right tierod and leaking power steering hoses. This all happened PRIOR to me buying it and why Mr. Jerklin had sold it to them for only $500. I was lied to by ALL of them about its condition incl their on-site mechanic who this other mechanic said was his. I didn't know about this or I would have posted it online sooner. It was a total fraud from the online ad to the after the purchase.

The car was basically a salvage and should have had a salvage title or salvage title rebuild but they had advertised it as if it didn't have "dimished" value and was actually what it would have been worth if it hadn't been wrecked or needed a new engine for that make, model, year and mileage. Thats how they got away with Deceptive Advertising. It would cost more than 80% of its fair market value to repair it to make it safe. Their claims adjuster tried to remove the wreck information off of the Carfax and she changed the odometer to 79,717 from the Cert Mech Eval. But it still said "dangerous" to drive and all its mechanical problems which made it unsafe. It's against  §501.976 "Unfair and Deceptive Business Practices." It's also against  §319.30 (d), (e), (f), and (h) under Salvage law. Their Surety Bond Company SureTec commit Bad Faith under §624 of Fl Law and Bad Faith under Texas 51.102. LAWS DIFFER BETWEEN THE STATE ON WHAT IS BAD FAITH IN INSURANCE CLAIMS. In my case she removed the wreck from Carfax which would make her client liable.

I didn't find out until I went to Fla DMV that it had 294,490 actual miles between odometer and title. I also saw the "check engine" light being on which it was. Sovereign had me buy it from Leo Shalom because he said "you probably wouldn't make it back down here in 30 days under my warranty." He then forged Mr. Jerklin's name while having me pay Leo Shalom. That wasn't the real reason. He knew the true condition of the car and didn't want to be held liable. He tried the old "As Is" clause but FL 3d Court of Appeals has struck down the language "As Is" and it applies to used goods. There are two FL Court Cases that cover auto dealer fraud in "As Is" cases. Consumer Law and FTC law also covers it. In this case FDUPTA also covers it. The "As Is" I agreed to buy was a car worth the $5600KBB Sovereign had advertised with no engine, electrical, transmission, or frame damage. They made sure I didn't know their names and called each other Rabbi. So when I signed the Notice of Sale its because I had no idea that was Title Fraud and that it wasn't one of their names or they hadn't got it from an estate sale which is what I wrongly assumed. Mr. Jerklin was never in their sales office or on their sales lot and he never sold me the car. THEY did. His info was forged. I constantly asked for another mech outside their dealership to look at it and was refused.I was pressured for hours to buy the car being lied to constantly by BOTH their mechanics. This Leo said the other on-site mechanic was his mechanic. The dealer and seller spoke in Hebrew so I wouldn't understand. I was told the "check engine" light was "just a sensor to be fixed at Auto Zone." I demanded a refund within ONE hour of buying it. I was refused and lied to again. I KNEW it had engine problems but I had NO address for this Leo person because they'd forged Mr. Jerklin's info on the Notice of Sale. They made sure there was nothing with their dealership name on it to back up what I'm saying. I had no idea that it was dangerous to drive or I would hae refused to do so. I could have been killed because it had a loose right tierod, leaking power steering fluids making it dangerous to drive, leaking coolant hoses, leaking adapter, needed upper/lower motor mount from unrepaired wreck, had squashed oil chamber. It was a total fraud incl Sovereign's mech who said it had no engine or transmission problems.

I had not anticipated this being a total fraud. I had no way to get home. There were no buses in that area and last minute plane flight would have been very expensive. 

They did the following:

TYPES OF DEALER FRAUD--See Attached CarFax with CORRECT Vin. No. which shows the following: 

•Non-disclosure of previous taxi, limo, and rental (corp. fleet car) 

•Non-disclosure of frame damage (oil dipstick jammed into oil chamber; right tierod; upper and lower motor mounts) 

•Non-disclosure of previous damage (accident, no frame damage) (from 2009 car wreck) 

•Non-disclosure of salvage title 

•Non-disclosure of accurate condition of vehicle (unsafe and/or material conditions) (right tierod, leaking coolant from hoses and adapter; leaking power steering fluid; major engine damage caused overheating) 

•Non-disclosure of a “lemon law” buy-back 

•Mileage or Odometer Fraud (claimed 77,000 miles but really was 294,000) 

•Improper Certification of Used Cars 

•Advertisement of special equipment or accessories (claimed it was Turbo when that doesn't work because not hooked up to engine--it's one reason I bought it, that supercharges the engine; Sovereign's mech claimed no major mechanical problems; claimed it had KBB it didn't; claimed it had 220,000 less mileage it didn't) 

•Warranty Fraud (Sovereign said to buy from Seller Leo Shalom because he knew the real condition of the car and said I wouldn't make it down there within 30-days under warranty period which I couldn't because of the car's condition ALL of them had misrepresented online, in person, and by text. I demanded refithin 1 hour of buying because the "check engine" light was on and I said that was engine problems but was told it was "just a sensor, take it to Auto Zone."

Sovereign violated Federal Law when they failed to post a Buyer's Guide in the window. I could have bought it from them or Leo. Both they and Leo Shalom were selling same advertised car and both had to follow Federal laws. They violated FTC 16 CFR §455.2 Consumer sales—window for, violated 16 CFR §455.3 Window form and 16 CFR §455.4 Contrary statements. Any defense available under Federal Trade Commission Act (15 U.S.C.A. § 45(a)(1)) Background Section 5 of the Federal Trade Commission Act (FTC Act) (15 USC 45) prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.’’ The prohibition applies to all persons engaged in commerce . . . is also available under the FDUTPA. "As Is" vehicles. “As Is” warranty disclaimer begins with UCC §2-316(3)(a) and the “unless the circumstances indicate otherwise” language. In Knipp v. Weinbaum & Its Progeny (Florida) the Third District Court of Appeals of Florida first addressed whether implied warranties attach to used goods. In McNamara Pontiac, Inc. v. Sanchez (Florida) SO YES WHEN A DEALER TRIES TO PULL THIS CRAP ON YOU THERE IS LEGAL RECOURSE. You just have to know the caselaw. 2016 FTC-Final Rule says "As Is" has to be defined in the Buyer's Guide. The deliberately didn't put a Buyer's Guide in the car's window.

This case falls under FDUTPA §§501.201-501.213, 501.976, and criminal laws, §§319.22, 319.30, 319.33, 501.277 825.104. In the latter it is illegal to deceive or victimize somebody over 60 yrs old and disabled in Florida. Specifically, (2)  Any person who is willfully using, or has willfully used, a method, act, or practice in violation of this part, which method, act, or practice victimizes or attempts to victimize senior citizens or handicapped persons, and commits such violation when she or he knew or should have known that her or his conduct was unfair or deceptive, is liable for a civil penalty of not more than $15,000 for each such violation.  I also fall under the Car Dealer Consumer Fraud laws i.e. Milleniun Conmmunications & Fulfillment, Inc. V. Office of the Attorney Genalereral,8 observed that thus FTC standard was enunciated in SouthwestSunsites, Inc. V. FTC, 785 F.2d 1431 (9th Cir. 1986): The Commission will find deception if there is a representation, omission or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer's detriment."