roybantell
Junior Member
What is the name of your state? Wisconsin
My wife and I purchased a Honda certified used vehicle. "Every Honda Certified Used Car comes with a 7-year/100,000-mile limited powertrain warranty and a 12-month/12,000-mile limited non-powertrain warranty. Plus, the certification process includes and exhaustive 150-point inspection."
Among many of the items we believe were not "exhaustively inspected" was an inoperable radio, nearest scheduled maintenance on a transmission which ultimately failed and there was no certified warranty booklet in the glovebox. All of these are required under the provisions of the certifcation program.
The sales manager, service manager and ulitmately the general manager were uncooperative when we sought a full refund (including tax and title fees) citing a breach of contract. This, despite the fact that all three agreed that the certification process was clearly not completed. (And here is the kicker, I have a digitally recording of each of them admitting that their service staff failed to correct the items listed above.)
The general manager said he would not refund the money but would find a replacement vehicle if we gave him a week. We said we would give him two weeks if the vehicle was of equal or great quality and value. He agreed. The two weeks has elapsed and he has not provided a replacement vehicle. (We also have a digital recording of this oral agreement).
We had an attorney write a letter demanding our money back. The General Manager called me to demand that we return the loaner vehicle that we provided. He said if we did not return it by the end of the day, he would report it stolen and have me arrested for auto theft. It was not possible to return the vehicle that day as we have two children under the age of two whom needed transport, but the vehicle was returned a day later without incident. The minivan we originally purchased remain on the lot of the dealership. Under advisement from the attorney, we should not drive the vehicle off of the lot.
What is our best course of action? I believe we have a sure win case if we proceed with the legal route. Wisconsin is a one-party consent state, so the digital recording ARE admissable. The GM has offered a return of our 18k but will not refund the $1,072 in taxes, application fees, etc. Do we take the 18 and go after the rest in small claims? We need a vehicle to transport our childern and can readily afford another one. Do we stick to our guns and go all the way on this knowing that we will win in the end. Do I try to go it alone or retain an attorney? If I retain counsel, then can I recoup his/her fees? We were wronged and have been unbelievably burdened by this lemon of a vehicle which they claim to have fixed now. My preference is to spend my free time with my kids rather than this dealership, but the GM and SM were so condescending, rude and manipulative, that I may go the distance on principle alone.
Thought?
Thanks in advance,
Roy
My wife and I purchased a Honda certified used vehicle. "Every Honda Certified Used Car comes with a 7-year/100,000-mile limited powertrain warranty and a 12-month/12,000-mile limited non-powertrain warranty. Plus, the certification process includes and exhaustive 150-point inspection."
Among many of the items we believe were not "exhaustively inspected" was an inoperable radio, nearest scheduled maintenance on a transmission which ultimately failed and there was no certified warranty booklet in the glovebox. All of these are required under the provisions of the certifcation program.
The sales manager, service manager and ulitmately the general manager were uncooperative when we sought a full refund (including tax and title fees) citing a breach of contract. This, despite the fact that all three agreed that the certification process was clearly not completed. (And here is the kicker, I have a digitally recording of each of them admitting that their service staff failed to correct the items listed above.)
The general manager said he would not refund the money but would find a replacement vehicle if we gave him a week. We said we would give him two weeks if the vehicle was of equal or great quality and value. He agreed. The two weeks has elapsed and he has not provided a replacement vehicle. (We also have a digital recording of this oral agreement).
We had an attorney write a letter demanding our money back. The General Manager called me to demand that we return the loaner vehicle that we provided. He said if we did not return it by the end of the day, he would report it stolen and have me arrested for auto theft. It was not possible to return the vehicle that day as we have two children under the age of two whom needed transport, but the vehicle was returned a day later without incident. The minivan we originally purchased remain on the lot of the dealership. Under advisement from the attorney, we should not drive the vehicle off of the lot.
What is our best course of action? I believe we have a sure win case if we proceed with the legal route. Wisconsin is a one-party consent state, so the digital recording ARE admissable. The GM has offered a return of our 18k but will not refund the $1,072 in taxes, application fees, etc. Do we take the 18 and go after the rest in small claims? We need a vehicle to transport our childern and can readily afford another one. Do we stick to our guns and go all the way on this knowing that we will win in the end. Do I try to go it alone or retain an attorney? If I retain counsel, then can I recoup his/her fees? We were wronged and have been unbelievably burdened by this lemon of a vehicle which they claim to have fixed now. My preference is to spend my free time with my kids rather than this dealership, but the GM and SM were so condescending, rude and manipulative, that I may go the distance on principle alone.
Thought?
Thanks in advance,
Roy
