On 5/23/02 I purchased a 1991 GMC Suburban from David Enlow, salesman and owner of Encino Motor Company located at 12222 IH 35 North San Antonio, TX 78233.
Prior to the purchase of this vehicle I had several conversations with Mr. Enlow informing him that I needed a dependable vehicle for transportation for myself and my children, and that it be travel worthy because I was planning a trip out of town.
I told him what type of vehicle I wanted and what payments I could afford. After several days with no word, I went to the dealership and asked him if he had found anything for me. He asked me to come into the office and sit down because he wanted to explain something to me.
He stated that he couldn't get me what I wanted and finance it for me, that I would have to pick something he already had on his lot. At this time he told me to look at a GMC Suburban he had at the back of his lot. He said that it was in great condition, and that it only had one owner who only drove it once a month to McAllen. When I asked him if it was truly road worthy, he replied Oh, without a doubt!
I would drive it to California and back! I took it for a test drive and couldn't tell that there was anything wrong with it. I went even further, by bringing my parents to look at it and test it.
I was still unsure if I wanted it because it was so big, and it had over 140,000 miles on the odometer. I repeatedly asked him Are you sure this thing wont break down on me? He then stated I tell you what, get it, and if within 60 days it breaks down on you, I'll either pay to have it fixed or I'll buy it back from you, you can just get something else, and we'll call it even!
This made me feel more at ease and I agreed to purchase it. I paid him $1000.00 in cash and he gave me an additional $1000.00 for the vehicle I traded in. I purchased the vehicle and my parents and I went to close on it and pick it up at which time I noticed that there was no documentation with regard to his promises.
When I asked him for it, he stated that by law, he wasn't allowed to put it in writing but that I didn't have to worry about it because it was still a verbal promise and he would stick by his word! He went on to say that he had even purchased a warranty for me, and that I would receive the policy in about 3 weeks.
I found this strange because of the amount of miles that were on it, and I asked him how he was able to get a warranty at which time he stated Well, just between us, I had to roll the miles back to get it for you! But, I didn't tell you that, ok?
I looked at the odometer and it now read 96,000 miles. At this point I became very uneasy and said, I don't know if I should do this. He said, You signed the contract already, so it's a little late, but don't worry about it!
I told you that if it breaks down on you I'd pay to fix it or scratch the contract and get you something else. This thing won't break down on you, I promise you that. Besides, do you think I would send you and your kids off on a trip and not take care of you if something happened to it? I want to keep your business!
Upon signing the papers I noticed that on any blanks regarding the mileage Mr Enlow entered only the number zero. I asked him about this and he said that he didn't have to report the mileage because of the year of the vehicle.
I went ahead and left with the vehicle, the next day, the check engine light began to come on, and stay on. I took it back to Mr. Enlow, he looked at it and said It's probably just the oxygen sensor needing to be reset. When he was checking it he went under the hood, he unhooked the battery cable to make the light go off.
Less than 4 weeks later, on 06/22/02 while on my way home from out of town, the transmission completely went out. Leaving me and my children stranded in the middle of the night! I had to ride the shoulder of the interstate for 38 miles, because the vehicle wouldn't go over 30 mph, to make it to the nearest town.
It was 12:30AM, when I was able to get to the town and get a hotel room for me and my children for the night. The next day my parents drove nearly 300 miles to come and pick us up. Upon arriving home, I called Mr. Enlow on his cell phone and told him what happened. He said he would have it towed and fixed for me.
I told him that was fine and reminded him about his promise and I told him Don't come to me later, wanting me to pay for the repairs! He said I know, I'll take care of it. Upon Mr. Enlow receiving the Suburban, he sent it to a transmission shop and had the transmission replaced.
I told Mr. Enlow that I needed a loaner vehicle until I decided whether or not I wanted the Suburban back or get something else as a replacement, per the promise he made to me when I purchased the vehicle.
He put me in an old Dodge minivan that I overheated and had a broken shock that dragged the ground. I asked for something more dependable and the equivalent in price to the Suburban, at which time I noticed a Champagne colored Mazda 626.
I asked him what the price was on it, and he said it was about $7000.00, and said You want that one instead of the Suburban? I replied I don't know, I'd have to think about it. He said, Well go ahead and take it and drive it around for a few days and let me know.
A few days later I went back to Encino Motors and talked to Mr. Enlow again to inform him that I didn't want the Suburban back because after what happened I didn't trust the vehicle, he said, You know you are going to have to pay for the transmission, don't you?
I said I'm not paying for anything, because you said that if it broke down on me you would pay to have it fixed or buy it back from me! He said I wasn't expecting something like this to happen.
I replied Well, you promised me, and you said you were good for your word! I was afraid this was going to happen and I bet that's why you didn't want to put any of what you said in writing! Where is Don Dunbar?
He and my parents both heard you promise me all that! He said I fired him a few weeks ago. I said Well, what about the warranty, that should cover it!
He said I didn't have time to get it, it all took place so fast! I said You told me at closing, you had already bought the warranty and I would get the policy in 3 weeks! Now you HAVE to keep your word, since there is no warranty!
He nodded and said I know. Ok. I left the office at which time one of his salesman, Bobby Torres, followed me and asked Your payment on the Suburban is due, when are you going to pay that? I said I am sure you are aware of what David (Mr. Enlow) said when I bought the Suburban.
Is that payment, my down and my trade going to be credited to the replacement vehicle? Mr. Torres said Oh, absolutely! It will all be credited to the other vehicle when we write up the contract for it. I said Just make sure it's all correct, because David (Mr. Enlow) told me that the Madza is about $7000.
Mr. Torres then said Oh no no no! Not that car. Your lucky he let you use that one because that's about a $12,000.00 car! I said It may be, but he told me $7000.
By this time Mr. Enlow had left, so I came back the next day to ask him about the price of the Mazda. He stated I was off on that one, it's actually $8500.00 I asked what the payments would be, and he said they would be about $350 per month for 24 months.
I told him I could handle that and go ahead and do all the paperwork. He said that was fine and for me to come back later to sign the papers. When I arrived Mr. Torres invited me into the office so go over the contract. He began to show me the numbers he had figured up at which time I interrupted him because I noticed that he had charged me for the full price on the Suburban minus my down and trade PLUS the price of the car.
I asked why he was charging me for the Suburban, and he said Well, someone has to swallow the cost of it, certainly you don't think we will, do you? You are still obligated to pay for the contract! I couldn't see how I was responsible for it, at all! So in total, he was charging me with roughly $5500.00 for the Suburban I bought for $7500.00, plus the price of the car which was $8500.00.
All in all, I am charged with $14,000.00, the price of 2 vehicles, and I only have one. And to make matters worse, he said he factored in their cost of replacing the transmission on the Suburban, because he said that had to account for that somewhere!
At this point, I am totally confused about the whole thing, I didn't feel comfortable about it to say the least, and I had never bought a vehicle by myself before!
I really felt that I was in over my head, my husband was out of town and couldn't help me, and I felt that I really needed to get some advice from a 3rd party. I told him I wanted to go get my parents and bring them to hear all this to see if they could make sense of it.
Mr. Torres then pointed at me and said No. No. You need to sign something right now! I began to get very upset and frustrated and began to cry as I said to him Don't do this to me, you know that I am here by myself and I am so scared of doing this. I need someone here with me to help me understand this!
He said Where do they live? I told him they lived close by, and he stated to me that I had 5 minutes to go get them and get back.
I went to my parent's house but only my mother was home. I had her get dressed and come with me. When we arrived back at Encino Motors, we went into the office and sat down with Mr. Torres.
He said Ok, what do you want me to say? I told him to tell my mother everything he told me. He said Well, it's not too hard to figure out, she still owes us for the Suburban, and we aren't going to swallow the cost of it!
At which point my mother replied I was here when she dealt with David (Mr. Enlow) and my husband and I are both witness to what he told her, as is one of his employees!
He, as a business man should have kept his word and called it even, and let her get something else, like he said he would do! Where is he during all this anyway? He said He isn't here at the moment. She asked Well where is he?
He of all people should be here being that he is the one she dealt with, and he is the one who made all these promises!
He said He is out on business, but you are dealing with me now! He went on to say And, we did buy it back from her!
I interjected by asking How did you buy it back from me when you are still charging me for it AND you basically pocketed my $2000 credit for my down and trade?
If I sold my mother a pen for $1.00 and swore to her that the pen wouldn't run out of ink, and went so far as to promise her that if the pen ran out of ink I would buy it back from her and give her another one, and she agreed.
She gives me a down payment of 5 cents, and comes back less than a month later and tells me the pen ran out of ink.By buying it back from her, I would let her pick out another pen and give her 5 cents credit towards this new pen which is $1.50, at which time she will owe me $1.45, not charge her the 95 cents she would still owed me for the first pen PLUS $1.50 for the second pen.
He then said It doesn't work that way, and it's her tough luck if you did because she should have gotten that in writing!
I replied No it wouldn't because when I say I am going to do something, I do it! My mother was very upset at this point and said to him You people are raking her through the coals and you know it! To which Mr. Torres replied You do not raise your voice to me! And this is really none of your business anyway so why are you here?
My mother said Raise my voice? I CANT raise my voice, I'm sick and hoarse at that! And I'll tell you one thing, if my husband or her husband were here you would not be talking to us that way!
He said Well call him and tell him to come over here, I'm not afraid to take it outside and don't threaten me with it either!
She then said Who's threatening you? He said You are, and I won't tolerate it! I want you out of my office!
My mother looked at me and said Tracy, it's the way of the world. Everybody knows you can't trust any used car salesman
Mr. Torres responded by saying I am not a used car salesman I am the finance manager! She asked Well, do you not go out and sell cars off this lot? And what about the owner?
Is he not a salesman either? He sold her the Suburban! He said Yes I deal with customers that come on the lot, and David (Mr. Enlow) really shouldn't be out there selling because he doesn't know the prices of all the vehicles.
I said If he is the owner, he should know the prices, and if he doesn't, he shouldn't be quoting prices and promises to people, that's just bad business! Just like he did to me! I wouldn't doubt that he knew there was something wrong with that Suburban when he sold it to me!
He said Are you actually saying that he intentionally sold you a vehicle he knew would break down? I said I'm sure he knew it wasn't all he said it was!
He said No, that's not what I asked you! Did you say that he intentionally sold you a vehicle that he knew would break down!!! It's a simple question Tracy! I said Yes, I think maybe he did!
He then replied Well I'll make sure he knows you said that! My mother again said Like I told you, you can't trust used car salesman, they are slimy snakes, and he IS a used car salesman!
At this point Mr. Torres became extremely upset and stood up and leaned over the desk pointing his finger at my mother and said You are out of line and I want you out of here, now, or I'll call the police!
He went on to say This is between me and Tracy, not you! He then said to me As a matter of fact, just forget the whole thing. Obviously nothing is going to happen here!
At that time, he reached over the test and took my keys from me, and began to remove the keys from the keychain.
I said What are you doing? He said I'm not letting you drive off unless you sign a contract! I said Wait a minutewhat am I supposed to do? You are totally backing me into a corner and trying to force me to sign a contract that I don't agree with!
At this time I am in tears, and he said Well, I don't know what you are gong to do either, but you have to make a decision right now one way or the other!
I told him I really had to talk to my husband first because he didn't know any of this was happening! I told him Ok, the Suburban is mine by contract right? He said Absolutely. I said Then give me the Suburban, let me go home and let all this sink in and that will also give me the opportunity to talk to him about it!
He said Fine. Give me a check for at least $1300.00 and you can go home with your Suburban! I said What the heck are you talking about? $1300.00 for what? He said Half the cost of replacing the transmission! And you can pay off the rest at $100 per month!
I told him he was crazy and I that I wasn't going to pay for that because Mr. Enlow said he would take care of it, plus the fact that Mr. Enlow knew I wasn't going to pay for it before he ever put it in the shop! He had the transmission replaced knowing all this before hand.
We were now back at square one again. I couldn't have my Suburban unless I paid for half in advance and I couldn't get any other vehicle without signing a contract that forced me to agree to pay for both the Suburban and the other vehicle!
My mother said We need to call an attorney to look over this before you sign it. Mr. Torres said Call an attorney, they are going to tell you the same thing! They can't do anything for you!
He continued to say I tell you what, I'll give you your $1000.00 cash and the $1000.00 for the car you traded in, which was nothing but a junk car and wasn't worth $1000.00 and you know it, and I'll just put everything else on your credit report as a repo!
Go see if you can get something somewhere else! Nobody is going to sell you a car, Tracy, have you seen your credit report lately, its pitiful! And you don't even have a job!
By this time, I was completely drained, my children and baby who were there with me, were tired, and I didn't have any fight left in me! Against my better judgment, I signed the papers and was made to pay $200 towards the payment that was due on the Suburban, of which I don't even know anymore if I got credit for it or not. When I was signing the papers transferring the Suburban back to them, on a paper about the mileage it gave you option boxes to check. One of them was stating mileage on the vehicle odometer is not the true mileage.
When I attempted to mark that one, Mr Torres told me I couldn't do that and made me sign not allowing me to mark anything.
I felt like that the only force Mr. Torres didn't use that day was physical force, but he verbally forced and intimidated me into signing the new contract.
This is the worst thing I have ever been through in my life, and it's not an experience that I care to repeat! I have never been as intimidated as I was that day!
They have since sold the Suburban, and I am sure that the new owner was not aware that Mr. Enlow rolled the miles back on it.
He made me empty promises that I now see he had no intentions of keeping, and when everything started going wrong, he made sure not to be there! He has not looked me in the eye since this happened and I think it's because he knows what he did was wrong, unfair, and dishonest! Now I am stuck in a contract that I didn't want to be in, paying for two vehicles and only having one!
I feel that they were very unfair and unjust in their dealings with me, and acted unlawfully by making alterations to the mileage on the Suburban.
I spoke to Mr. Torres on 7/23/02 to make sure I had his last name and Mr. Enlow last names correct, as I wasn't certain of either because they only introduced themselves by their first names.
I also requested to know the name of the bank of which they do their financing and was told I didn't need that information and they weren't going to give it to me.
I wanted that information because I had given thought to contacting the bank to find out exactly what had been reported to them, but it seems that I wont be able to do that.
I do not think that I should be responsible for the cost of the Suburban, if the owner himself told me he would buy it back and call it even
I want to pay for the vehicle I have, the 1999 Mazda 626, and bought for $8500.00, and have my $1000 cash and my $1000 for my trade in, as well as the $200 additional dollars I paid as a payment. A total of $6300.00 and nothing more! I want to have an alternate method of receiptable payment, because I do not feel comfortable going personally to Encino Motors.
I would also like to see something done about the fact that Mr. Enlow altered the mileage on the Suburban, because that it just simply illegal, and leads common sense to believe that it wasn't the first vehicle he had done it to.
I want all the copies I never received on the Suburban, such as the mileage statement and buyers guide, and anything else I was supposed to get that I am not aware I should have.
I also want the mileage statement and buyers guide for the Mazda. I made an attempt to get them a few days later and was told that they wouldn't give them to me until I got them the copy of my insurance.
They have a copy of my insurance but I still have not received any of these documents.in addition, my husband purchased a Ford F150 from them for which I have made all the payments on time and requested a payment history printout from them on the day I requested the other info about the Mazda, and was told they wouldn't give them to me until I produced a copy of my insurance.
All of the documents should have been given to me at the closings or at time of payments. Not be held for ransom.
Just so you know-this is copied and pasted from a statement i have filed with the attorney generals office!
tracy turner-sanchez
san antonio, texas
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