Complaint Review: West Coast Auto Sales Inc. - Internet

Benjamin Freeman
(((ROR redacted)))
Phoenix, Arizona 85003

Great American Insurance Co.
Cincinatti, Ohio

Re: NOTICE OF CLAIM, against

West Coast Auto Sales,Inc. (hereinafter WCAS)
9239 N. Cave Creek Rd.
Phoenix, Arizona 85020



ATTN: Commercial Bond Claim at GAIC


Date: 7/13/12

Dear Great American Insurance Co

        On 6/26/12, I was allowed to purchase and drive off the Lot a 2000 S-Class Mercedes Benz, owned by Hassan Jaber,owner of WCAS who knowingly permitted me to drive the vehicle on to a highway in an unsafe condition that endangered my life, my friends life and others lives, and Mr.Jaber failed to perform an act required by law.

        On 6/25/12, I went to WCAS to take the Mercedes Benz (hereinafter, MB) for a test drive, I noticed that the Display Panel indicated a faulty Brake condition and fault in the right turning signal.I informed Rick (manager).Rick stated that the repairs would be completed tomorrow and told me to deposit $1,000.00.I gave him one Thousand Dollars "cash"as requested and the remainder ($6,500.00) to be paid after Rick drives the MB through "emmissions testing" the next day.See, (Exhibit A)

        On 6/26/12, I returned to WCAS with $6,500.00 "cash" for the MB and Rick showed up one hour later as he returned from auto emmissions testing of the MB. Rick stated that in order for the MB to pass auto emmissions testing, he had removed the battery cable which is located in the trunk to erase the Fault Codes on the warning display on the Dash, whereby cheating the emmissions computer, which in turn effected the operation of the trunk in it's entirety.Rick stated: "I will do the repair later today, did you bring the $6,500.00" ? I then gave Hassan Jaber aka Mike $6,500.00 "cash money" in exchange for the keys and copies of the following documents that were signed in (Exhibit B)

        At this point, I drove off the lot in the MB, went to have lunch with a friend and as we were driving down the street (about 7 miles) from WCAS, the right front tire began to shake and rattle and eventually leaned outward by force and dropped while the back passenger wheel was also lose. Do to the mechanical circumstances that occurred I almost killed myself, my friend and possibly injured others.I immediately called WCAS and no answer. Luckily I was near an Import Car service & repair (Silver Star Motors),the shop owners asked if I had a spare tire, I went to the Trunk but the Trunk would not open so I could not retreive the tire and jack but, we were able to manually guide the MB into the shop.

        The shop manager (Joe) at Silver Star Motors placed the MB on the rack and stated that the car only had 2 lugs holding the right front wheel and damaged hub, the right rear wheel had two missing lugs due to hub thread damage and the left front wheel had one missing lug , also due to thread damage. Additionally, Silver Star manager stated the following; (1.) Car computer needed relearned from hard reset (battery disconnect) performed prior to clear codes; (2.) Needs front hub assembly and needs Brake Rotors (warped); (3.) Trunk latch broke, unable to open to disconnect battery. See,(Exhibit C).Further, the manager stated;"This car was unsafe to drive off WCAS lot" and that; "this car must be towed."

Finally, the manager called WCAS and spoke to Hassan, he informed Hassan of the accident and charged me $50.00 for inspecting the MB. Hassan called the towing Co. and I waited 3 hours for the tow to arrive to carry the MB and me back to WCAS, where Rick informed me that before delivering me the MB, he had driven it 80 miles per hour on the Freeway and nothing occurred. Rick then offered to buy back the MB with a "Check" for $6,500.00. Ireminded Rick that I just paid him $7,500.00 "cash"and that I wanted the same amount of "cash" back, not a "check" for $6,500.00. Rick never offered the full refund and I did not accept their check.    After both Rick and Hassan received the description of the repairs from Silver Star Motors, I was informed that "all" repairs would take a couple of days, so on 6/29/12, I returned to the WCAS where the mechanics were repairing the wheels and brakes and I was told the mechanics needed one (1) more day to complete the Trunk.  On 6/30/12, I returned to WCAS, Hassan informed me that he would not be repairing the Trunk because he just spent $800.00 on parts and labor for the wheels and that he was losing money on the deal. Hassan goes on to state that he didn't mind spending another $100 or $200 on repairing the trunk lock but no more, and that  I should take the car elsewhere to have the Trunk repaired. I informed Hassan that I transport my family in this car and that in an emergency situation (such as just occurred) if something goes wrong with the tire then I have no access to the spare and Jack, if something goes wrong with the electrical system then I do not have accesss to the battery because I cannot open the Trunk.Hassan stated that,"......"it's your car and your family so you repair it." See, (Exhibit D) Photos of latch, battery, tire and Jack in Trunk.                                                                                                                                         

So, while the MB was still within the Implied warranty at 105,319 miles on the Odometer (497 miles driven since purchase) I pulled into the German Auto Services. The Mechanic (Tommy) informed me that he would repair the Trunk Latch for $850.00 and it would take a full day to repair. I immediately called Hassan at WCAS and asked for Two hundred dollars towards the repair. Hassan basically stated, "no way, it's your car now."   On 7/6/12, I returned to German Auto to pay for the repair of the Trunk. See (Exhibit E) German Auto Service & Repair receipt. The mechanic demonstrated that the prior owners of the MB knew the Trunk Latch was defective because they used a "Wire Tie" around the Latch to hold it together. See, (Exhibit D)  Pursuant to A.R.S. 44-1267, during the Warranty preiod, the vehicle failed to function in a safe condition, and defects significantly limited its use on public roads. The Dealer was notified on the same day of purhase and he was given a reasonable opportunity to repair the MB to bring the vehicle into compliance with the Warranty.  Additionally, Hassan and Rick pulled the old "bait and switch" routine, by advertising and I purchased the MB with a more sheik, classy and expensive chrome rims however,after Hassan and Rick removed the wheels for repair of the hub and misssing lugs, they then stole my expensive AMG Factory  chrome rims and "switched" them with a much cheaper and less visual aluminum VOXX wheels as clearly and succinctly viewed in (Exhibit D) and entitled "Before and After."

Furthermore, I am requesting the refund of all monies spent towards repair of the Trunk and latch of $850.00, inspection at Silver Star Motors of $50.00,Cap & Lock for transmission refill tube at $20.00 and the difference in price of the expensive AMG Factory Chrome Rims and the cheaper VOXX wheels that were stolen.

Thank you for your Attention, Assistance and Prompt response. 
Sincerely
Benjamin Freeman 

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