A
acole9
Guest
My co-worker, who is 69 years old -recently purchase a used vehicle. Less than 24 hours after accepting delivery of the car, the car began experiencing multiple mechanical problems. She has had very negative converstaions both written and verbal with the management and ownership of the dealership. Furthermore, the car is still in the possession of the dealership. Below is a list of events concerning this issue. I need to know if she should take delivery of this car again and if she has any legal basis to continue not accepting the car.
Below is a list of events:
My co-worker, Norma- was recently rear ended on her way to work. Her insurance company totaled her car
in that it was an older model. Since Norma is single, a senior citizen, and on a limited income, she was very disappointed with the news.
Nonetheless, she set out to purchase another car using the insurance money as a down payment. After searching for an affordable, yet hopefully reliable car, she settled on a vehicle from Trophy Nissan in Mesquite, Texas. She purchased the car late in the evening on Monday, March 26, 2001. She was assured that the car had passed a 27 point check list.
The following morning, Tuesday, March 27, 2001, the check engine light came on, the HOLD light came on, the horn did not work, the speedometer did not work, and the rear window defroster did not work. Norma contacted Charlene Cassimere, her salesperson who instructed her to bring it back to the dealership and ask for Mitch Beverly. Mr. Beverly stated that it was too cold and rainy to "stand there and talk" and that he would send it back through a 27 point check. He never gave Norma the opportunity to explain what had malfunctioned on the vehicle.
Norma returned to the dealership at 5:30 pm that afternoon with the anticipation of picking up a promised loan car. Mr. Beverly informed her that the car was fixed and a loan car was not necessary. When the car was brought to Norma, she immediately checked the horn and it was still not working. She handed the keys to Mr. Beverly and he sent for a loan car. The loan car arrived and upon starting it up, the check engine light came on. Norma was then furnished with another loan car. Mr. Beverly stated that the vehicle in question would be taken to the KIA dealership the next morning.
The vehicle supposedly spent Wednesday, March 28, 2001 at the KIA dealership. However, when I checked with the service department at Big "D" KIA - the KIA dealership supposedly working on the vehicle - the vehicle was not in their shop on that day. (Per the shop records, the vehicle was brought to them on Saturday, March 31, 2001.)
Norma went to Trophy Nissan between 6 pm and 6:30 pm on March 29, 2001 after being told the vehicle was ready. On her way home (a 15 minute drive), the speedometer stopped working. She contacted Ms. Cassimere and informed her of the problems with the vehicle and stated that she
wanted out of the contract. Ms. Cassimere "guaranteed" that the car would be fixed if Norma brought it in after work the following evening.
Then next morning, March 30, 2001, the speedometer began working, however, it stopped functioning after 30 minutes of driving. By the time Norma reached her place of business, the check engine light had come on. Norma contacted Ms. Cassimere from her office and explained her fears of driving a vehicle with obvious problems. (Although Norma is in good health for 69 years of age, it would be a physical challenge
should she be stranded on the highway.) Ms. Cassimere sent a technician out to drive the car back to the dealership. Norma voiced her concerns about the vehicle being driven while the check engine light was on to the technician - in that the owner's manual says not to drive the vehicle with such a warning. The technician explained that he had no
choice and drove the vehicle the 40 + miles back to the dealership.
On Saturday, March 31, 2001, Norma met with Mitch Beverly and explained that she wanted out of the contract for obvious reasons. Mr. Beverly told her that the car was her responsibility and she could not get out of the contract even if she hired an attorney.
Norma then drafted a letter to Mr. Bill Atkins - Trophy Nissan owner - concerning her dispute. On April 2, 2001, he informed her that there is no "cooling off period" or cancellation period for the sale. He stated that he would allow her out of the contract if she agreed to pay the
taxes incurred in the deal. However, as I stated before, Norma is on a limited income and paying the tax on the deal would leave her with very little money for a down payment another car.
In addition, during the above mentioned conversation on April 2, 2001, Mr. Atkins demanded the loan car be returned the same evening.
Norma was told the vehicle will be ready for pick up on the evening of April 2, 2001. However, I spoke with the KIA dealership that morning and they were still waiting on parts for the vehicle. The parts were scheduled to be in that day, but the car was by no means repaired as of 12:15 pm April 2, 2001. The vehicle was not ready that evening.
On April 3, 2001, the Sales Manager of Trohpy Nissian called and said the vehicle would be ready for pick up after 1 pm on April 5, 2001.
On April 4, 2001 the mechanic frome the KIA service shop contacted Norma and explained that the vehicle would not be ready until Friday, April 5,2001 an 12 pm.
On April 5, 2001, the KIA mechanic called again and explained that the car would not be ready until the following day. The next day, April 6, 2001, the KIA mechanic called yet again to say the car would not be ready until Monday, April 9, 2001.
On April 9, 2001, Norma returned a loan car she had been given and talked with the Assistant Sales Manager, Derico Griffin. She again stated that she wanted out of the contract in that the car appeared to be unreliable. He took the car for a test drive and informed Norma that there was something he was not comfortable with in the car. He instructed Norma to call him the following dat, APril 10, 2001.
On April 10, 2001, Norma contacted Mr. Griffin per his request and he informed her that he could not go against the owners decision on the car. and that she was responsible for the contract. After Norma pressed him for an answer as to why he had some concerns about the car, he stated that he thought the engine reved to high, but, sated that he was told that he didn't know much about KIA's and that the car was fine.
Mr. Griffin that stated that the car is parked uner a tent and that Norma could get the keys from the receptionist. Norma informed him that she had already contacted the Attorney General's office and she would pursue action to be released from the contract.
I have contacted our local investigative television reporters but, I have had no response. I also contacted the Attorney General's office and recieved no response as well.
Can anyone tell me if Norma can leaglly be released from her contract? Also, should she pick the car up from the dealership until this is resolved or should she not pick it up?
If you can give us some advice, it would be appreciated beyond measure.
Thanks.
Below is a list of events:
My co-worker, Norma- was recently rear ended on her way to work. Her insurance company totaled her car
in that it was an older model. Since Norma is single, a senior citizen, and on a limited income, she was very disappointed with the news.
Nonetheless, she set out to purchase another car using the insurance money as a down payment. After searching for an affordable, yet hopefully reliable car, she settled on a vehicle from Trophy Nissan in Mesquite, Texas. She purchased the car late in the evening on Monday, March 26, 2001. She was assured that the car had passed a 27 point check list.
The following morning, Tuesday, March 27, 2001, the check engine light came on, the HOLD light came on, the horn did not work, the speedometer did not work, and the rear window defroster did not work. Norma contacted Charlene Cassimere, her salesperson who instructed her to bring it back to the dealership and ask for Mitch Beverly. Mr. Beverly stated that it was too cold and rainy to "stand there and talk" and that he would send it back through a 27 point check. He never gave Norma the opportunity to explain what had malfunctioned on the vehicle.
Norma returned to the dealership at 5:30 pm that afternoon with the anticipation of picking up a promised loan car. Mr. Beverly informed her that the car was fixed and a loan car was not necessary. When the car was brought to Norma, she immediately checked the horn and it was still not working. She handed the keys to Mr. Beverly and he sent for a loan car. The loan car arrived and upon starting it up, the check engine light came on. Norma was then furnished with another loan car. Mr. Beverly stated that the vehicle in question would be taken to the KIA dealership the next morning.
The vehicle supposedly spent Wednesday, March 28, 2001 at the KIA dealership. However, when I checked with the service department at Big "D" KIA - the KIA dealership supposedly working on the vehicle - the vehicle was not in their shop on that day. (Per the shop records, the vehicle was brought to them on Saturday, March 31, 2001.)
Norma went to Trophy Nissan between 6 pm and 6:30 pm on March 29, 2001 after being told the vehicle was ready. On her way home (a 15 minute drive), the speedometer stopped working. She contacted Ms. Cassimere and informed her of the problems with the vehicle and stated that she
wanted out of the contract. Ms. Cassimere "guaranteed" that the car would be fixed if Norma brought it in after work the following evening.
Then next morning, March 30, 2001, the speedometer began working, however, it stopped functioning after 30 minutes of driving. By the time Norma reached her place of business, the check engine light had come on. Norma contacted Ms. Cassimere from her office and explained her fears of driving a vehicle with obvious problems. (Although Norma is in good health for 69 years of age, it would be a physical challenge
should she be stranded on the highway.) Ms. Cassimere sent a technician out to drive the car back to the dealership. Norma voiced her concerns about the vehicle being driven while the check engine light was on to the technician - in that the owner's manual says not to drive the vehicle with such a warning. The technician explained that he had no
choice and drove the vehicle the 40 + miles back to the dealership.
On Saturday, March 31, 2001, Norma met with Mitch Beverly and explained that she wanted out of the contract for obvious reasons. Mr. Beverly told her that the car was her responsibility and she could not get out of the contract even if she hired an attorney.
Norma then drafted a letter to Mr. Bill Atkins - Trophy Nissan owner - concerning her dispute. On April 2, 2001, he informed her that there is no "cooling off period" or cancellation period for the sale. He stated that he would allow her out of the contract if she agreed to pay the
taxes incurred in the deal. However, as I stated before, Norma is on a limited income and paying the tax on the deal would leave her with very little money for a down payment another car.
In addition, during the above mentioned conversation on April 2, 2001, Mr. Atkins demanded the loan car be returned the same evening.
Norma was told the vehicle will be ready for pick up on the evening of April 2, 2001. However, I spoke with the KIA dealership that morning and they were still waiting on parts for the vehicle. The parts were scheduled to be in that day, but the car was by no means repaired as of 12:15 pm April 2, 2001. The vehicle was not ready that evening.
On April 3, 2001, the Sales Manager of Trohpy Nissian called and said the vehicle would be ready for pick up after 1 pm on April 5, 2001.
On April 4, 2001 the mechanic frome the KIA service shop contacted Norma and explained that the vehicle would not be ready until Friday, April 5,2001 an 12 pm.
On April 5, 2001, the KIA mechanic called again and explained that the car would not be ready until the following day. The next day, April 6, 2001, the KIA mechanic called yet again to say the car would not be ready until Monday, April 9, 2001.
On April 9, 2001, Norma returned a loan car she had been given and talked with the Assistant Sales Manager, Derico Griffin. She again stated that she wanted out of the contract in that the car appeared to be unreliable. He took the car for a test drive and informed Norma that there was something he was not comfortable with in the car. He instructed Norma to call him the following dat, APril 10, 2001.
On April 10, 2001, Norma contacted Mr. Griffin per his request and he informed her that he could not go against the owners decision on the car. and that she was responsible for the contract. After Norma pressed him for an answer as to why he had some concerns about the car, he stated that he thought the engine reved to high, but, sated that he was told that he didn't know much about KIA's and that the car was fine.
Mr. Griffin that stated that the car is parked uner a tent and that Norma could get the keys from the receptionist. Norma informed him that she had already contacted the Attorney General's office and she would pursue action to be released from the contract.
I have contacted our local investigative television reporters but, I have had no response. I also contacted the Attorney General's office and recieved no response as well.
Can anyone tell me if Norma can leaglly be released from her contract? Also, should she pick the car up from the dealership until this is resolved or should she not pick it up?
If you can give us some advice, it would be appreciated beyond measure.
Thanks.