Complaint Review: Chevrolet/Buick Dealership - Madill Oklahoma

"If the the consumer does accept, he will be required to sign an affidavit releasing the buyer of any or all liabilities"

That doesn't make sense because the consumer is the buyer.

"the consumer will be forced into giving up his right to any future litigation such as being able to sue the seller"

He already gave up that right at the time of purchase. He probably signed a document that clearly stated he understood what 'AS IS' means which includes 'No implied warranty'.

Except,the Chevy dealer might want to get some new mechanics if they can't work on a Ford.That tow job alone was a waste of money.I'm a parts changer(the reason I call myself that is because I have never been a paid mechanic)but i still can change parts on most anything.
 
It's all about doing what's right,and we know that isn't going to happen.

Accepting only half the amount for the repair may not be the right choice for the consumer to make. If the the consumer does accept, he will be required to sign an affidavit releasing the buyer of any or all liabilites.  Before he receives any payment, the consumer will be forced into giving up his right to any future litigation such as being able to sue the seller.

Even though dealers use sold as is to get around implied warranties, the sold as is is not ironclad in the state of Oklahoma.  A warrant of merchantability is an implied warranty and says that a vehicle will run like it's supposed to.  While it doesn't cover every component of a vehicle, it does apply to its basic functions.  In this instance, the buyer has to prove that the defect was present at the time of sale.  This shouldn't be hard to do since the dealership had it towed to another dealership.  If the consumer wishes to pursue he also has the option to take it to other dealerships or mechanics for their professional advice and comments.  Most electrical problems give some kind of advance warning when there is a problem.  When a dealer disclaims a warrant of merchantability, that disclaimer can be challenged using the federal Uniform Commercial Code.  The UCC can also be used to cancel the sale of a used car.  Every state has an Unfair and Deceptive Acts and Practices law.  These laws can often be used even if the used car is sold "as is", as long as the dealer is guilty of a verbal deception or a failure to disclose information about the vehicle.  The consumer has the option to seek the advocacy of a lemon lawyer if he so chooses and I believe that a jury panel in this small community would agree with the consumer.

The dealership just needs to suck it up and pay the repair bill in full and stop their sales people from making profane namer calling and remarks about the consumer and his female friend to their other customers.  I doubt the consumer even knows this but he does now, after all it is a small community.

   If you know you're buying a vehicle without a warranty, why wouldn't you take it to a mechanic to see if it's falling apart or not?   This isn't rocket science.   It's no secret that an old car with lots of miles is not the same as a shiny new one.

   The original purchaser did not want to take the trouble to protect his own interests.  It's only AFTER having problems that the OP tries to make it someone else's issue.    

    I'm no fan of car dealers, but this is basic common sense we're talking about.   If you expect a seller to be held to their part of the contract, you ought to be willing to live up to your own part.

I personally am never for the idea of violating the T&C's of a contract because it then forces people to ignore some portions of a contract and live with the other portions.  Contracts are an all of nothing venture, and when it becomes nothing...people get hurt.  People get hurt when they follow all the terms too, but whose fault does that lie??

If the dealer offers a split...take it.  Best of luck..

you should have not sold the truck with that many miles on it.if you kew it HAD Mechanical Problems the ytruck should have been on the lot!!  signs of a shady sales man and **USED CAR LOT** i understand the term  **SOLD AS IS** but you have to draw the line some where. it sounds like you  sold a lemon and you know this. but you will not make it right..shame on you. line your pockets for that profit and screw the customer over.that's why i will not buy a car from a ((BUY HERE PAY HERE LOT)) to many problems  becuase the cars come from the dealers auto auction.and most of them are beat up broke down trade ins that come for the bigger car lots. buy cheap and sell for high price for miled to death USED cars.

i worked on a used car lot for a while it was a small lot,after two weeks i quit after i seen some of the crap the lot would do to the car to make them run and hold togther. and then the buyer gets taken for a ride and its way over priced for junk....

i think Oklahoma needs regulate who small lots sells cars and have them inspected to make they are Roadworthy and not going to break down. and i believe the car lots should honor some type or repair plan. but  small car lots are CHEAP and greedy all about thier profit and take the customer for a ride.

To the dealer, Madill. True you covered yourselves with the As Is stuff. However, don't y'all think the better part of valor and common sense perhaps is to either take the vehicle back, fix it and resell with a clean bill of health, or pay the rest of the dad-blasted repair bill, so that an otherwise frustrated, angry customer, be they right or wrong, doesn't feel driven to come on here and blast you full of holes?

Right or wrong, I wouldn't shop by you based on your standing on ceremony about this. And others reading this probably would also avoid you.

Why bring this on your business for a lousy $500 bucks? Make the guy whole and make yourselves look like folks someone would be willing to risk buying a used vehicle from, and move on.

So you people don't think a dealer should be able to sell an old used car "As Is?"

They should just be required to provide a free warranty on a car with 170,000 mile?  That's ridiculous and unreasonable.

Please answer my questions posted on 1/19.

The chevy dealer should reimburse the full cost of the repairs.  The chevy dealer had the vehicle towed to their dealership to "make things right", then after a few days, said they didnt' know what was wrong & deposited the vehicle on a local Ford dealership.  At that time the dealer said "thats not our problem". This just isn't acceptable business practices. Reimburse the consumer who patronized your business.

I have been a mechanic for 40 years and have ran into new & used dealers that have sold vehicles with problems. Those dealers know they have problems and always push it over on to the customer. I always have to repair the vehicles  & the dealerships should be held liable for the repairs.

I agree with the recent comment from Hackett.  As a consumer I would expect the dealer to be more concerned about providing good customer service. As a local resident I have heard stories about the local dealership and have friends that have bought from them. Two of my friends bought vehicles from them at the same time, husband and wife. The wife had more trouble with her car, it was brand new and was in the service department at that Chevy dealership more than it was in her driveway, because they could not perform the repairs adequately. The couple just bought a new car, from a different dealer, and she drives around with the dealership tag on the front to sponsor the new dealership.  She has excellent customer service from them! Shopping local is the best thing for our community, I hate that we our losing local business due to poor ethics from one business! This forum should show the dealership that honesty is the best policy, so do your customers RIGHT and give them what they deserve by paying for 100% of the repair cost!

$11K is a lot of money to pay for a vehicle that only ran for one day.  When the vehicle was purchased "as is" it started and ran, which is a basic operational function.  Warranty or not, after paying $11K, one would reasonably expect the vehicle to start and run the next day.

Rather than forcing an added expense of a repair, there was no mention of giving the consumer the option to apply his money to purchase another vehicle that did run, thus possibly keeping him as a repeat customer in the future.

Forcing the consumer to keep the vehicle that didn't run and pushing an extra expense of repair onto the consumer is an example of poor quality customer service.  Since the vehicle did not start and run was not fit for the ordinary purpose for which it was to be used.

Holding the "as is" over the consumer's head and not allowing a refund and then only offering to pay half the repair after collecting $11K from him is illustrating questionable business integrity.  This unfortunate situation needs to be corrected and made right by an offer to pay the repair in full.

Oklahoma Department of Public Safety  give them a call and file a Complaint about a bad Vehicle.Oklahoma hasa Lemon law and the DPS can help you. just google Oklahoma Department of Public Safety  and thew website will pop up.  they can help you out. also contact Scott Hines is a consumer investigative reporter with Oklahoma's NewsChannel 4,he can  help also. a dealership hates to be on TV he will expose them for selling a bad Vehicle.. 

hope  this helps you out.

   Your complaint is that you bought a used vehicle with  170K miles that was sold "as is" without a warranty.   You even signed a federally mandated buyers guide to that effect.   Now you want the seller to act as though there was a warranty.   Does that sound logical to you?

   What does "as is" and "no warranty" mean in your universe?    In mine it means that I should get the vehicle checked out by a competent mechanic before I buy it, because I will be responsible for any repairs as soon as I drive it off the lot.

    I'm no fan of car dealers, but these folks are offering you way more than they are required to (which is $0).   If you refuse, you're only ripping yourself off.

Do you know the difference between "consumer comment"  and sarcastic questions?

How do you know that the dealer was aware there was a problem with the electrical system at the time of the sale? Do you understand the definition of Sold As-Is? Did you hire the services of a mechanic to checkout the vehicle prior to purchase? Why did you purchase a vehicle from a dealer that has a reputation of having nasty business habits in your small community? Are you aware the BBB does not have the power to require the dealer to refund your money? Are you aware that your state attorney general can only assist you if you can prove fraud? Do you know the difference between the words your and you're?

Accept their offer to pay for half of the repair.

Unfortunately we have been unable to make this customer happy.  They have refused our offer to pay for half of the repair and their claims have progressed to the point of being outlandish and ridiculous.  We were not closed for any extended period of time during the Holidays.  We closed Christmas eve, Christmas day and New Year's day.  They were never lied to or misled in any way and their statement about a "growing list of customers who have been subjected to our nasty business practices" is blatantly false.  As stated in our previous rebuttal we have been here for eleven years.  In all that time we have never experienced anything remotely like this.   

The simple fact is this customer purchased a vehicle with over 170,000 miles on it.  Since it had no warranty it was sold As Is.  The customer is well aware of this and signed a document acknowledging their acceptance of these terms.  The problem seems to be that the customer thinks we have some magical way of knowing when a vehicle is going to have a problem.  We don't have that capability nor is it reasonable to expect us to.

  

  Shame on you for contributing to the stereotype of a used car salesman being nothing but a con and a lier.  ANd shame on you for doing business in the community and ultimately driving locals to other areas to shop. You knew their was an issue with the electrical system & according to the FTC you were suppose to disclose this.  Your dealership was closed during the x-mas and new yr holiday & I contacted as soon as you were back & I had a day off.  See, unlike you, I work for my money.  Of which, you owe me over $800.00 for the repair.  Oh by the way, 170k on a diesel isn't considerable.  In our small community, I'm amazed at the growing list of customers who claim they too have been subjected to your nasty business habits.  I will let the States Attorney General and BBB pursue this in hopes of recouping my funds.  I'd like for the Chevy Regional office to notice what your doing under their name.

This is an unfortunate turn of events for all concerned.  Our customer is upset because he's having a problem with his vehicle.  We can certainly sympathise and are trying to find a solution.  What he fails to mention in his complaint is that he purchased a vehicle with over 170,000 miles on it.  Due to the high mileage it was sold "As Is".  This was explained to our customer verbally and in writing.  He was given and signed a Buyer's Guide that clearly states the truck was sold 'As Is" with no warranty.  We have no doubt that he was perfectly clear on that but this is the vehicle he wanted, test drove and chose to buy. 

It is true that the vehicle was out of fuel when he first came to see it and would not start.  We put fuel in it along with a new fuel filter and it started without hesitation.  The mechanical probem he's having now has nothing to do with the amount of fuel in the tank.   

We were not made aware of any problem until thirteen days after the purchase.   We agreed to check it out and the vehicle was towed to our service department.  Our mechanics inspected it and advised that since the vehicle is a Ford it would be best if a Ford trained mechanic made the diagnosis.  We had the vehicle moved to the local Ford dealership. 

We truly are trying to make our customer happy.  Even though the truck has over 170,000 miles,  was sold as is and we were not made aware of any problem until almost two weeks after the purchase we are offering to pay a total of $415.50 which equals half of the towing and repair expense. 
 
Madill Chevrolet Buick has been in business for eleven years and has always adhered to a high moral and ethical standard.  Our number one priority has always been customer satisfaction.  In all this time we have never experienced a situation like this.  Considering the circumstances we believe we have made an offer that is fair to both parties and hope to resolve the matter soon.