I've been sued by MacDowell & Associates for an Excess Mileage Deficiency due to my 2005 Lincoln Navigator trade-in on or about March 29.
Two (2) weeks prior to purchasing the 2008 Lincoln MKX from Tuttle Click Ford in Irvine, I went to another Ford dealer hoping to trade-in the same 2005 Navigator for a 2008 Navigator. At that time the lease balance and excess mileage deficiency came up and both amounts were included in the loan computation and monthly payment calculation, but because it was beyond our budget we decided not to pursue it and buy another less expensive vehicle at another time. Which we finally did at Tuttle Click Ford and purchase a less expensive 2008 Lincoln MKX later that month.
I was well aware of the Lease Balance and Excess Mileage Deficiency if we were to trade the 2005 Lincoln Navigator, and this issue came up several times during the negotiations with Tuttle Click representatives and time after time their representatives assured me that both amounts (Lease Balance and Excess Mileage Deficiency) would be part of the final purchase contract.
Needless to say, after being sued by MacDowell & Associates now I realized that Tuttle Click Ford representatives lied to me and hid the Excess Mileage Deficiency in order to induce me to sign the contract. Seller's actions caused me financial and emotional distress because of SELLER'S UNFAIR AND DECEPTIVE ACT.
This is my 4th purchase of a Lincoln vehicle and my 3rd vehicle purchase with a Tuttle Click dealer in Irvine and it is very disappointing and shocking to find out that your representatives concealed the fact that the Excess Mileage Deficiency was not included in the final purchase contract, knowing that I would be billed later for the full amount. The additional $5,625 would have increased my monthly payment to $950 and beyond my budget.in other words, I would have never signed the purchase contract with that additional amount and I would have kept my 2005 Lincoln Navigator until the end of the lease. Because of SELLER'S UNFAIR AND DECEPTIVE ACT, I am now being sued.
Is this practice of hiding facts a pattern of Tuttle Click dealership and representatives? Is their staff willingly and knowingly concealing future costs to buyers? Is their staff encouraged to make computations hiding known future costs to buyers? Is their staff willingly and knowingly not disclosing all the facts to buyers in order to make the deal? How many buyers from that dealer walked away thinking that their trade-in was fully satisfied without knowing that they will face future deficiencies and lawsuits because of seller's unfair and deceptive acts?
I cannot conceive and believe that they are encouraging these kinds of practices or that this is a policy within their organization. I cannot ascertain but just suspect that this practice is just limited to the sales/finance staff in order to make the sales quota for the end of the month.
But if this is a pattern within the dealership and more buyers like me were duped into buying cars and signing contracts without being disclosed all the know facts by your representatives, I encourage them to reverse direction and desist of these unfair and deceptive practices.
Tuttle Click Ford and its representatives have a FIDUCIARY DUTY to disclose all known costs to buyers, whether they are current known or future known costs, and let the buyer make an educated decision.By hiding or not disclosing facts to buyers, dealer has rendered the entire process and final contract purchase INVALID. Even though the actual damage or cost to me is relatively small due to seller's unfair and deceptive business practices, the illicit gains obtained by their organization if these deceptive practices were to be true, can be in the hundred of thousands of dollars.
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