I purchased a 2007, Mercedes Benz, CLK 350 from Texas Auto Liquidators in Arlington, Texas. I completed the transaction through my credit union on 9/23/10, I paid for the vehicle in full and also paid to have the vehicle shipped to my home address. The vehicle arrived to me at 6:19 a.m. on October 6, 2010 via trucking company called "Showtime" Trucking Company. Approximately at twelve noon on 10/06/10 I began having trouble with the vehicle. I noticed the check engine sensor was highlighted. I immediately phoned sales person Sherlyn Oaks to inform her of my main concern not even mentioning the minor concerns, which were the car had five hundred miles over the miles that were listed on the bill of sale, the car was missing the six disc c.d. player, the key to the car was cracked, and there was no owner's manuel. I only informed Ms. Oaks that the check engine sensor on the car was highlighted. Ms. Oaks informed me to take the car to auto zone to have a diagnoses completed to detect the problem. Ms. Oaks stated that the check engine sensor could be triggered by a spark plug that I could replace myself for $1.08, I informed Ms. Oaks that I was not comfortable with the check engine sensor being highlighted, due to the vehicle being in my possession for less than a full day. I made an appointment with Mercedes Benz of Sugarland to have a complete diagnoses of the vehicle. My appointment was set for October 11, 2010 at 7:30 a.m., I only drove the car to the repair facility and never moved it from October 6 - October 11, 2010. On 10/14/10 the services specialist at Mercedes Benz of Sugarland informed me that my exhaust valves were leaking. The service specialist stated that the leak in the cylinder was a costly job and he was not sure if my warranty would cover the total cost of the job and I was looking at the least amount of $5,000 for repairs. On 10/19/10 I was informed by a sales representative at Texas Auto Liquidators to contact the warranty company to inquire about the cost and maybe they could negotiate a deal with me. I informed the representative that I had paid for the warranty in full and I don't feel I should negotiate anything. I contacted the warranty company to inquire about my coverage. The warranty company informed me that I had to send a letter via fax stating the date of purchase, date of possession, and the date I notified the dealership to inform them of the problem. The warranty company clearly stated that they do not cover pre-existing mechanical issues on any vehicles. I followed instructions of the warranty company and sent them a letter stating all their requested information. I am an ethical person that promotes integrity and honesty in any task, duties, or common practices. On 10/21/10 I sent out a written notification to the manufacturer by certified mail, email, and fax requesting the dealership replace or repurchase the vehicle under the pursuant ~6.07(c) of the Texas Motor Vehicle Commission Code. This issue has caused me to suffer emotionally, financially, and mentally. I am a person of great moral character and I personally believe what's right is right and there is no more to it. My whole overview is "I will take full responsibility for all mechanical issues, maintenance, and expenses of my vehicle". I fully understand that you have to maintain a vehicle and be prepared for cost related issues concerning any vehicle. I will not take accountability for a vehicle that imposed a pre-existing issue upon arriving to me. I stand with the determination, the willingness, and initiative to defend myself and any other consumer against this injustice. The economy is suffering tremendously we are passed the recession and have been living in a great depression. I have no money to give away, every dime I earn is itemized to meet my needs and is contingent on my structured lifestyle. All I am requesting is for my car to be repaired at a certified dealership or to be refunded all of my money. Texas Auto Liquidators need to create a more positive image and stand on ethical practices.

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8 Updates & Rebuttals

Cory

San Antonio,
Texas,
U.S.A.

Difficult Case

#2Consumer Comment

Thu, October 28, 2010

This is gonna be a difficult case to prove because anyone buying from TAL is definitely showing a lack of class.

Flynrider

Phoenix,
Arizona,
USA

Not buying it.

#3Consumer Comment

Thu, October 28, 2010

"preceded in filing a civil suit against Texas Auto Liquidators. My attorney also informed me that a class action suit will also be filed against the company entitling any other individual that has been a victim of fraud or misrepresentation by this company."

Either the OP is blowing smoke, or his lawyer is. Used car dealers are generally very well covered by paperwork when it comes to selling crappy used cars (it's their business). It would be very unusual for someone to successfully sue because of the disclaimers and contracts that are signed. It's not impossible, but very unlikely.

On top of that, any lawyer knows that you first have to have to find out if there is a class before filing a class action.

Robert

Irvine,
California,
U.S.A.

Class Action Lawsuit?

#4Consumer Comment

Wed, October 27, 2010

You need to do these things...

- Ask your lawyer what is involved in filing a Class Action Lawsuit. Then ask him who is going to pay for that. If your lawyer says you..get your track shoes on. If your lawyer says they want the money up front..RUN FOR THE HILLS. Because if you had any chance at all the lawyer would be glad to take this case on contingency.

- The law you quote appears to be the "Lemon Law" for Texas. Lemon Laws generally only apply to NEW cars, you bought a USED car so that will not apply. If that is something your lawyer told you as well again take that into consideration as to how "great" your lawyer may be.

You might be able to prove that the dealer mis-lead you. But as for damages you have to realize that you did not do your due dilligence to make sure that the car was okay. If the price you paid is significantly below "blue book" value you may have a hard time convincing any judge that you really thought you were getting a car in good shape. Both of those, as well as other factors, may negate any "damages" you can claim.

- Also get a 2nd and possibly even a 3rd opinion on what "case" you have, preferably ones with experience in this area. If you get every lawyer telling you the exact same thing in that you have a great case. Then go for it and good luck to you. But my feeling is that you may be in for a surprise as to what other lawyers say.

Ronny g

North hollywood,
California,
USA

The economy suffering??

#5Consumer Comment

Wed, October 27, 2010

Sure, many of us are suffering due to the suffering economy. Hence we don't look to purchase a Mercedes Benz..especially sight unseen.

You can go to your nearest Hyundai or Kia dealership and find a great deal on a brand new vehicle with a good warranty for much much less the the cost of blind buying a used piece of s**t overpriced no resale value gas guzzling expensive to maintain and insure Mercedes Benz.

Vinco

Edmonton,
Alberta,
Canada

Buy a CLK 350 and complain about the economy?

#6Consumer Comment

Wed, October 27, 2010

Really?

You bought what you paid for as-is where-is. It apparently worked for 6 hours until you put crappy fuel in it. Then you complain abut the recession and the economy. You had no qualms about cashing in on someone elses misfortune when you got a great deal on this car.

Now you're initiating a class action lawsuit because you can't afford to maintain an Mercedes? Dis you know what brake rotors and pads cost? More than likely you left the gas cap off when you put regular grade fuel in it and that's why the check engine light is on.

Why is it that no-one is responsible for their own actions anymore? At what point does having personnal responsibilty for stupid decisions become eliminated by the justice system? If you are truly "a person of great moral character" suck it up buttercup and live with it.

Poor me driving a Mercedes....

Tye

Bay City,
Texas,
United States of America

In response to Let's Cut Thru the Crap Here.or exercizes, although I have can't define the word in "webster"

#7Author of original report

Wed, October 27, 2010

Trust me, I take accountability for being led to believe that the justice system stands for all. I feel me, you, or whomever as consumers have a right to fair treatment due to the fact that we use goods and services to generate the economy. But however, I have put all personal concerns aside and has since preceded in filing a civil suit against Texas Auto Liquidators. My attorney also informed me that a class action suit will also be filed against the company entitling any other individual that has been a victim of fraud or misrepresentation by this company. However, to update my original report I learned on 10/25/10 that the labor and repairs are $6,874.00 which has to be paid in full before a mechanically lien is placed on the vehicle. Yes Sir, you are absolutely correct my Dad tell me all the time that not everyone is to be trusted. I am guilty of being passive and not possessing a dominance over my well being. I could have taken better precautions but I failed to do so, and trust me I'm suffering from misunderstanding business with pleasure, and when I say pleasure I mean really taking the initiative to follow the extra steps in purchasing a used vehicle. There are many measurements, I could have taken in being proactive but hey you learn from your mistakes and I could accept criticism and next time use all protective tactics to avoid subjecting myself to similar incidents. However the law which was created to protect your children, your grandparents, and love one's stands in the judicial system and justice will prevail. To my satisfaction I have a great attorney that will execute the law in every way just because "Not all of us have ethics", but to me your character is your story the same sales person that knowingly sold me a car that had existing engine problems according to the extended warranty company whom stated that the car should have been tested before the warranty was sold to me, which indicated the dealer committed fraud and misrepresentation of a motor vehicle. People should be careful and consider they have children, parents, and family members that could be in my position but not as fortunate to seek a creative solution.
BUT AGAIN SIR!!!! THANKS, I WILL BECOME THAT PERSON TO BE AWARE.

Jim

Orlando,
Florida,
USA

Let's Cut Thru the Crap Here...

#8Consumer Comment

Sat, October 23, 2010

Apparently you bought a USED CAR, sight unseen over the internet.

COMMON SENSE dictates, especially for a USED CAR, the buyer look the outside of the car over, as the car is parked in front of the buyer to check for deficiencies.

COMMON SENSE dictates the buyer of a used car, personally looks over the interior for defects.

COMMON SENSE dictates the buyer actually takes the used car on a test drive to guage operation, test all the accessories and check all other items are actually on the car.

COMMON SENSE dictates the buyer has his/her own mechanic check over the car.

COMMON SENSE dictates the buyer, together with input from his/her own mechanic, makes an offer based on any problems, missing items etc.

You can talk about your integrity or other excessive wordy issues you like. But all that is useless unless and until COMMON SENSE is practiced when buying a used car. Should the dealer ALSO practice honesty and integrity? Absolutely. But not all do. That's why a smart consumer exercizes COMMON SENSE.

Buying a used car, sight unseen over the internet is PURE NONSENSE!!!

Linda P

Houston,
Texas,
United States of America

Are you by any chance....

#9Consumer Comment

Sat, October 23, 2010

An ebay buyer? You are 300 miles from Arlington and needed shipping? I would just say for a 2007 Mercedes, I would make a 600 mile round trip to make sure that the car was in good condition after a MECHANIC checked it out. You are angry and bitter because you thought you were getting a too good to be true deal and look! Maybe they got you!

Caveat Emptor!

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