On July 5 I purchased a used vehicle from Nation Motors. Because of the holiday weekend it was not possible to have the vehicle checked before taking it home. I was assured by the owner of Nation Motors that there was nothing wrong with the car and if there was anything that would need to be done that Nation Motors would have it fixed.
As I drove the car that evening I noticed a clunking, grinding noise coming from the wheel well as I turned corners. I was alone in the car without the radio on so it was easy to hear everything. I also noticed that each time I put the car in drive the transmission was very rough going into gear. It would hesitate and then give a jolt when it kicked into gear. A strange odor was eminating from the engine, the same odor that occurs when a car overheats.
I went back to Nation Motors the following day, July 6 (less than 24 hours later) and stated that I did not want the car because Nation Motors assured me there was nothing wrong with the car and there were things wrong with the car. I had driven the car less than 5 miles before bringing it back. I brought it back with a full gas tank (it was empty went I received it).
When I brought these issues to Nation Motors I was assured again there was nothing wrong with the car. Nation Motors drove the car at that time and insisted there was nothing wrong with shifting the car. I asked that Nation Motors keep the car overnight and drive it again when it was cold. I was met with great resistance and again assured there was nothing wrong. I was told to take the car home and if something was wrong that they "stood by everything for 2 years". I was assured that Nation Motors did not buy cars unless they were in good condition and their mechanic had checked out all cars before they buy them.
When I mentioned the engine odor, I was told that the engine had been cleaned with Armorall and that is probably what I smelled. I was finally asked if I wanted Nation Motors to continue to show the car, I said YES.
I thought was the end of it until 2 days later when Nation Motors called and said their mechanic had checked the car again and there was too much transmission fluid in the car and too much water in the radiator. These were the reasons given for the transmission problem and engine odor. I questioned the validity of both. If there was too much transmission fluid and too much water then it is obvious that there had been problems or no one would need to add fluids. I was told that the car was ready to be picked up and if it stayed on the lot I would be charged storage. I again reiterated the issues: transmission, engine odor, and clunking wheel well. All signs that the vehicle had been falsely misrepresented and I did not want the car.
I talked with my mechanic about the issues and he advised me that the clunking wheel well is indicative of the car needing an axle replacement, the engine odor and too much water in the radiator, and the hesitation and jolt as well as too much transmission fluid indicates a problem with both that someone was trying to cover up. He advised to not to take the car back and I told you that I did not want the car.
We had an agreement that you would continue to show the car, not an agreement to have your mechanic look at it. I was assured that Nation Motors wants to keep their customers happy at all costs.
On Saturday, July 12 2 people from Nation Motors appeared at my door telling me they were here to deliver the car. I told them that I did not want the car, not to leave the car with me and to take the car back to Nation Motors. One of them insisted that the car was going to stay and she was not going to take it back. "I drove the car and there is nothing wrong with it. We gave you a new stereo. Take these papers." I told her that there were things wrong with the car and the car had been misrepresented and that Nation Motors agreed to continue to show the car. I refused the key and papers.
The car was left in my parking space against my objections. I bought the car in good faith and brought it back only after I realized there were problems and the condition of the car was misrepresented. I filled the car with gas the day I bought it ($20). Why would I do that if I had no intention of keeping the car? The car was paid for completely on my credit card. I asked Nation Motors not to finalize the credit card process. I called my credit card company the day the car was returned to stop the sale. I was told that I could not stop it at that point because the authorization had already gone through. I could dispute the charge if it did go through but it was best if Nation Motors canceled the sale.
Nation Motors left me a letter when they "dumped" the car at my door. The letter Staes that Nation Motors cannot afford to keep the car so they were delivering it back to me. (They had the car before and certainly hadn't replaced it on the lot with another on a holiday weekend.) Again they state that their mechanic did not find anything wrong (but did not include a copy of his findings). It further states " unfortunately, whatever the circumstance may be, you cannot change your mind after you've signed a sales contract when purchasing aa vehicle. Please read the bottom of your sales contract and refer to the "THERE IS NO COOLING OFF PERIOD" and other statements that apply. Also You had every right to take the car to a mechanic BEFORE you bought the vehicle.
This is true. I can return if there was fraud, misrepresentation is fraud according to Webster's dictionary. I did have the right to take the car to a mechanic but it was a holiday weekend. GOOD LUCK Regardless of whether I did or did not take the car to a mechanic, a verbal contract is as binding as any other contract. An offer, an acceptance and consideration makes a contract binding. I had an offer that the car was in good condition with no problems, I accepted that and gave full payment as consideration.
Nation Motor's letter also states "if there are any problems with the car right now, we will be willing to discuss helping you fix them. We want our customers to be happy and satisfied... This is certainly contradictory. No problem with the car assured agin but if there are any we will discuss helping to fix??? Want customers to be happy??? I am not happy. I have a car that I do not want and Nation Motors has gone through with the credit card sale and I am out the money or the credit even with a dispute.
I feel that Nation Motors would not have gone this route if I had financed the car through them. Because they are assured the full payment, lump sum they do not want to lose it.
What can I do now? If I bring the car back again, they will only deliver it back to me. I already feel harassedand do not want to go through this several times. I have put the car in my garage and will not drive the car. What is my recourse? I did not know that Nation Motors has been unscrupulous with others until I started taking about it to some other people.
Carol
San Diego, California
U.S.A.
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