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Spitzer Mitsubishi Used deceptive and misleading practice to sell me a lemon Sheffield Lake Ohio
We purchased a 2004 Buick Rendezvous from Spitzer Mitsubishi in January 2015. The salesman insisted on going on the test drive with us (the first dealership that has done that - ever). On the test drive, there was a slight roar noise. The salesman assured us that it was the muffler - an easy fix. We let him know that we needed a reliable vehicle. He said this was the 'nicest moderately priced suv they had in inventory for awhile' and that the muffler noise was not a big issue. We purchased the vehicle for cash & a trade in. Over the next few days, the roaring became louder & squealing and grinding noises started. I took it to a reputable mechanic for the muffler issue the salesman had told us about, and the new noises. He said the muffler & brakes were fine, the rear transversal was shot. He said they likely put heavy engine grease on it, so that the noise would not become apparent on the test drive. He put some grease on it, and the noise stopped again for a couple days. He also told us that the extended warranty that talked us into would cover parts only, and the labor was the expenisve part of the repair. We decided to live with the issue.
The first time it became warm and rained (mid may 2015), the 'low fuel light' started coming on, even when the vehicle was full. Then it started idling fast - rpms racing, and surging when accelerating from 20 -40 mph. Also, a musty smell that we noticed 3 days after purchase (when car deodorizer they applied wore off) intensified. Then it failed to start in the driveway. We found there was a leak (factory defect) causing water to run from the sunroof and pool under the driver & passenger floors. Since the car had mats - it was something you would not notice The water then ran back corroding all of the connecctors including the fuel connector, causing the car to fail. Spitzer masked the issue and the mold smell. When we removed the carpet - there was black mold that had clearly been there a long time. Spitzer sold us a vehicle that fails if it has been out in the rain. The vehicle will not start or run at all.
Spitzer will not do anything - they say it was 'as is'. That is true, however, that does not negate claims for misrepresentation and fraud. Also, the implied warranty for fitness for a particular purpose also applies.
Spitzer asserts that it is perfectly reasonable to buy a used car that is useless after 4 months. We do not agree.
We filed a complaint with the Cleveland Ohio BBB & Spitzer offered to fix it at 'discounted dealer prices' at our expense. Uh, no thanks. Now we are filing an attorney general complaint and a lawsuit.
1 Updates & Rebuttals
Jim
Florida,USA
Lots Of Problems Here
#2Consumer Comment
Mon, July 06, 2015
First, if you're expecting me to stroke you and tell you what you want to hear, its not going to happen and, if you cannot stomach that, then don't bother reading any further.
You say you wanted a dependable car, so what did you do? You buy this thing which is 12 years old. You take a ride with the salesman and you very obviously noticed the noise. You then listened as the salesman told you this was a "minor problem". Ok, if this was just a minor problem, why didn't you tell the salesman to have it fixed and you would buy the car after you did another test drive? Nope! You went along with it. Next thing is you take this thing to a mechanic AFTER you buy it! Do you kinda think the time to have your own mechanic inspect it is BEFORE you buy it? Amazing. You say you bought some sort of warranty but you leave it up to this mechanic to tell you what you bought! Do you think you should have read the warranty paperwork BEFORE you bought it to see what you were being pitched? Nope! The dealership tells you this was an AS IS purchase. What exactly do you think that means? Why would you think you are ENTITLED to warranty service if the dealer did not cover the car with a real warranty? You can sue anybody you wish. You bought an AS IS car...period...end of story! You drove the car away which proves the car actually did do its purpose therfore no implied warranty is applicable here. Next time, take somebody with you who knows what they're doing and has a backbone. Oh yes, don't waste your time claiming I must work for them, because I don't.
