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Is CARMAX sue-able???

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jennjennalyn

Junior Member
What is the name of your state (only U.S. law)? California

Hello all,

Below, I just documented all my problems with the Carmax in Modesto. I would like to know if I have any basis on suing them for my time, frustrations, and safety issues & liability. Your help is greatly appreciated. Thanks!

2004 Audi S4 & CarMax Problems

06/30/2008 – We, Jennifer (owner of Elite Performance), Billy (Jenn’s Husband) and Nema (Jenn’s ) bought the vehicle with the assistance of Katie (Sales Representative), Gary (Sales Manager) and Corissa (Assistant Business Office Manager). Garritt was our sales representative who helped us originally. Katie stressed the bumper-to-bumper 30 day
warranty, and that it evens covers parts not even mentioned in the contract; there is a line stating that, she mentioned.. The contracts reads as Elite Performance as the primary buyer (Billy signed as an “agent of Elite Performance), and my mother as the co-signer.

07/03/2008 – Check engine light came on. In the past few days, we noticed rattling and the loose door handle both and passenger side.

07/07/2008 – Called in to make an appointment for service to check problems. There was nothing available until 7/9.

07/08/2008 – Spoke with Katie about the paperwork done incorrectly. They have been trying to contact my mother about the issue. My father, who answered the phone several times, would not compromise. He insisted that a Carmax representative came to our area since it was their mistake. We told Katie we would visit the office to resolve the problem.

07/09/2008 – Brought vehicle in for service. Worked with Jorge and mentioned the check engine light and that it may be an EVAP leak, rattling on passenger side, and loose passenger side handle. Ed (the business office manager) informed that they cannot release the vehicle because of the paperwork done incorrectly, according the bank. The bank would not fund the loan due to my Husband’s name being on the contract. Ed worked with us on how we can resolve for an hour. We came to the solution of them mailing the paperwork to our business, having my Mother sign the paperwork, and we would drive back the paperwork. In order to do this, they had to return the vehicle into the system and sell the vehicle again to our business, Elite Performance, and my Mother both as a co signer and the agent signing for Elite Performance. (We drove to Modesto a total of 82.9 miles, went back to our area in the loaner vehicle, using 82.8 miles)

7/10/2008 – Returned to Carmax with the signed papers. Corissa went over the papers to ensure accuracy, and we received the vehicle back. (We drove a total of 82.7 miles in the loaner vehicle, and 82.3 miles back to our area).

7/14/2008 – Called Carmax again because only 1 of the 3 problems were fixed, the EVAC leak. Both the rattling and handle problems were still apparent. We also noticed a major coolant leak. Billy spoke with Samantha and she mentioned that we double check to see if there was a manufacturer’s warranty still valid on the vehicle. Samantha stated if the dealership will not cover what you need fixed, our warranty will cover everything. Billy called the Diablo-Lincoln-Mercury-Audi dealership, and there was a manufacturer’s warranty what would expire on 08/01/2008. Therefore, Billy called the DLMA dealership to schedule an appointment to have the vehicle looked at for the second time, and they did not have anything available until 07/21/2008.
07/21/2008 – Brought vehicle in for service at the DLMA dealership. Rusty, the service advisor, informed us of the major problems with the vehicle.
- There was frame damage to the vehicle, because “due to front and bottom outside collision, front bumper and sub frame have been replaced” and the “radiator support [is] cracked” (-from DLMA service order).
- The engine had been pulled out, therefore voiding the manufacturer’s warranty.
- The rattling sound was due to no caliper bolts, very dangerous to drive without.
- The coolant leak may be internal, and they would have to tear down the vehicle, a very costly job.
- They cannot work on the vehicle due to the voided warranty.
- Charged us $167.97 to install caliper bolts.
We had Rusty and Mike Renny, the Carmax service advisor, talk to each other about the vehicle’s problems. CarMax says they will reimburse us.

07/22/2008 – Mike called back and suggested that we bring the vehicle to Niello Audi of Sacramento because they do more warranty work. We told him we would bring it in on Wednesday, 07/23/2008, because we were waiting for the caliper bolts.

07/23/2008 – We brought the car into Niello Audi of Sacramento for service. Gary, the service advisor, informed us of the warranty issue about the coolant leak. If the leak is due to an outside influence (ie. Collisions, etc.) the warranty cannot cover the service, but if it is due to a defect in the part(s) or whatnot, it will and can be covered. If the leak is due to outside influence, he will then work the CarMax to come to some sort of solution. We also mentioned the loose passenger side door handle that had not been repaired yet (DLMA did not repair, although they stated in the work order they repaired it with double sided tape), and the caliper ‘howling’ went we hit the brakes, it seems it does not retract and is stuck ‘on.’ Gary informed us that he must get in contact with CarMax before any work will be done, which would in the morning of 07/24/2008. He could not give us a loner because it is not the factory that pays for the loaner, it is Niello themselves. He would have to get authorization from Carmax in order for us to get a loaner vehicle. (Drove 69.8 miles going there, coming back 69.5 miles)
Issues with CarMax so far:
- We thought we we’re buying a quality car.
- Company states “We don’t sell cars with flood or frame damage,” (-from the CarMax website) but the car we purchased actually has a replaced frame, and it is still cracked.
- Our time and miles put into driving to and from Modesto twice, and going to and from Sacramento. We live in ******ez. (far away)
- Company states “Our Certified Quality Inspection checks 125+ points on every used car.” (-from the CarMax website).
- Why did they not notice missing caliper bolts? If the caliper fell off, the brakes would not function anymore due to no brake pressure. We would have been driving the vehicle and all of a sudden, have no brakes. Accident!
- Their inability to repair vehicle problems, no customer satisfaction. We told the service advisor that it was an EVAP leak. Would the technicians at CarMax figure that out for themselves? They did not even fix the handle or rattle. It seems they did not troubleshoot anything at all.
- Inconvenience of the customer. CarMax wanted my Mother to drive all the way down to Modesto again, another 140 miles, to re-do paperwork they did incorrectly, themselves. We compromised since we went there to have our car serviced anyway. They mailed the paperwork, we brought it back.
- We would not have gone all the way to Modesto to service the vehicle if we knew there was a warranty on the vehicle. When Billy asked Katie on 06/30/2008, during the process of buying the vehicle, if there was a warranty, she only :mad:brushed the question off saying the vehicle probably does not have one anymore because it’s 4 years old.
- We have total frustration of CarMax and their inability to serve a customer properly.
- We were lied to about the quality of our 2004 Audi S4, and have been wasting our time and energy. Basically, I would like my car fixed, or else I will sue. Total miles driven because of this: 470 miles. That’s almost $170 in gas.:mad:
 
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jennjennalyn

Junior Member
My ordeal with Carmax in a nutshell ---

I thought being detailed was a good thing. But I guess not for some people -- SO, here's my issue in a nut shell.

We bought a car from CARMAX.
We started having problems with it - evap leak, loose door handle, and a rattling sound.
In the meantime, we found out they drew up the contract incorrectly, and had to re do the contract.
We brought it in for service, they only fixed the evap leak.
We called to get service again, then found out there's a manufacturer's warranty.
We brought it to a dealer, they told us there were no caliper bolts, HUGE SAFETY ISSUE, and that the car had frame damage, and would not do the work because the warranty became voided due to the prior collision it was in.
Called CARMAX, told us to bring it to Sacramento Audi and they would do the work for sure.
We brought it in, they told us they weren't positive if they could do the work. I am still awaiting a call from the 2nd dealer or CARMAX

Why I think we can sue CARMAX?
They sold us a lemon car, not worth the price we paid for it. And won't fix the problem. They claim they have a 30 day bumper to bumper warranty, and they also claim that they have 128+ point inspections. Why would they sell a car missing caliper bolts? We could have been seriously or fatally injured because of this. (If the caliper fell off, for instance, while we were driving on the freeway, we would have lost brake pressure and if we had to slow down because of flowing traffic, that would have been a rear end accident, easily. Basically, CARMAX did not honor their 'business philosophies' and won't give any customer satisfaction.
 

Zigner

Senior Member, Non-Attorney
Your contract with Carmax will outline your options for dispute resolution.
 

itdepends

Member
They sold us a lemon car, not worth the price we paid for it. And won't fix the problem. They claim they have a 30 day bumper to bumper warranty, and they also claim that they have 128+ point inspections.
You aren't protected by the lemon laws because the defect was caused by an accident, and because the vehicle isn't new. The law provides an implied warranty that the vehicle will be fit for its ordinary purpose, but you and Carmax surely agreed to disclaim the implied warranty (read the contract to be sure). Carmax must honor the express warranty that it gave you. If it does not, then you'll need to sue Carmax in order to enforce the warranty.

Why would they sell a car missing caliper bolts? We could have been seriously or fatally injured because of this. (If the caliper fell off, for instance, while we were driving on the freeway, we would have lost brake pressure and if we had to slow down because of flowing traffic, that would have been a rear end accident, easily.
You can't win a lawsuit for something that could have happened, but didn't happen.
 

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