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Car Purchase Gone Bad
Posted Sat September 6, 2008 11:49 pm, by John D. written to Coral Palm Auto Sales
I purchase a 2003 Audi from AutoTrader.com. The car was listed as mint condition and was priced at the "excellent condition
" for Edmunds.Com. The salesman said that it did not have any known problems. I paid over the phone. I flew out that weekend. After flying out they had me sign an "As Is" form "since it had no warranty". The car had a small crack that I wasn't told about. Since I was already out the flight ticket and would need a return ticket it seemed like it was ok to eat that cost.
24 hours later the car broke down. $1,400 to replace all cylinders and lots more. They had the car in the shop for a week. 10 hours out of the shop it broke down again. 3 new cylinders and a new engine. $5,700 for that cost. This doesn't include $2,000 in flights, hotels, car rentals, and other costs.
.. not including the frustration.
I called the dealer. He said you signed an as is and its out of state so don't try reversing the charges. It seemed like he knew that he could lie all he wanted and I could do nothing about it. I told him I will file a better bureau report and whatever other legal actions I could. He didn't seem to care.
Stay away from these guys. I did have 12 cars to choose from and this was the best deal ... or so it seemed based on the misrepresentation.
Buyer beware of this place:
Coral Palm Auto Sales
3476 Fowler St
Fort Myers, FL 33901-7346
Local: 239-274-5573
www.coralpalmautosales.com
Pay for half of the new engine ... $3000. This is 1/3rd of the extra costs I've shelled out already.
Don't make excessively false statements in advertisements. A car in mint condition doesn't completely break down the next day.
Serve the customer before and after the sale!
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by CherylV Posted Mon February 22, 2010 @ 12:06 PM
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Two words: due diligence. Never, EVER buy a vehicle sight unseen. EVER! One exception might be ebaymotors.com as that is a feedback-based marketplace. Regardless, it is not difficult to hire a mechanic to inspect the vehicle prior to purchase. Due diligence.
Why did you NOT complain to Audi? After all the dealer did not manufacture the car, they only facilitated the sale of it. Audi made it.
Did you fly halfway around the country and then not even bother to drive it down the street to an independent mechanic for a second opinion? If not, shame on YOU. Due diligence. Hope you don't ever make such a foolish mistake again.
Sounds like the blame should go in this order: #1) YOU for investing thousands of dollars to purchase this car and airfare, meals, etc... and then NOT spending an extra $100 bucks to have a second opinion. Blame #2 should go to AUDI, as they made a car that didn't last forever. See how well that works.
I don't know of a single dealership that would tell you "NO" if you asked to take it to a mechanic for a closer look. If they did, then they would have something to hide. If they do, no worries.
Seriously, due diligence. It's not a difficult concept.
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by cowboyup6961 Posted Fri January 9, 2009 @ 8:51 AM
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just curious was this car of very light blue in color or light grey. if so give me a shout, I purchased a vehicle there in August 2008, and when i returned a few days later for some issues, my son test drove the audi and it was pouring oil out of the engine. if this is the same vehicle, they new the engine was no good. i can be reached at cowboyup6961@gmail.com to discuss.
This same dealership sent my entire finance package to a previous customer, luckily for me the guy called me and mailed me my paperwork. And the dealership made no apologies.
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by Jeffrey/Branding/Alex Posted Wed September 10, 2008 @ 4:08 PM
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The purchase was in FL. Here's what I found:
http://www.800helpfla.com/lemonlaw.html
Specifically: "The Florida Lemon Law applies to NEW or demonstrator motor vehicles which are sold or leased in the State of Florida. With a few exceptions, a previously titled vehicle (used car) is not covered by the Lemon Law."
So, unless there's something I don't understand (possible), it doesn't sound like lemon laws cover this.
However, I think there's a question regarding whether or not there was fraud or misrepresentation. A call to the AG seems in order, at least to see if the signature of the "As Is" document releases the dealer from any liability. Most AG's won't handle cases on behalf of individuals, but they will forward complaints to a business and keep a copy of the complaint on file. If this dealer has pulled this many times before, this could be the nail in the coffin for the AG to take action.
I also wonder if the fact that the payment was made from out of state helps or hinders the OP. Seems like there are interstate commerce laws that could come into play, even if the FL laws don't. Anyone know?
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There are websites such as "myride.com" and carfax.com along with some others that are easily found on the internet that lists a vehicles history that includes envolved in an accident, had major repairs, etc.
The site you used, Autotrade.com, has carfax.com listed under its used care section. Why would you not take advantage of this to get the cars history before you purchased it? Especially if it was being sold "as is"?
It would have been much cheaper than what you are out now.
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by X Jiffy Lube Posted Tue September 9, 2008 @ 1:38 PM
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By the way, If I were you I would reverse the charges. That puts the ball back into their court. If they would like to then sue then it will be there time and expense not yours.
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by X Jiffy Lube Posted Tue September 9, 2008 @ 1:36 PM
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I certainly sympatize but you need to use common sense. Never ever buy something out of state site unseen. YOu rolled the dice here and lost.
With that said, you should save the add you they posted. If it said the car was in "excellent condition" you do have a leg to stand on. You should file a complaint with DA's office closets to the dealership and file a complaint with the BBB. If you want to get all your money back you will need to file a small claim civil suit againt the company. Of coure this means you must fly out for the court date but given how much you spent it may be worth your time. If you have proof they represented the car was in good condition and has no problems I'll give you a 75% chance you'll win the case.
James
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by cissy Posted Mon September 8, 2008 @ 9:10 PM
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I'm sure there are cars for sale in your area (without flying out). Yes, you had your heart set on a certain car but patience is a virtue or one must re-evaluate the "wants" versus the "needs". Buyer beware and I am sorry you had to learn this expensive lesson.
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by SusanB Posted Mon September 8, 2008 @ 4:08 PM
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You purchased a used vehicle sight unseen without having a mechanic certify it and further, willingly signed an "as is" form after noticing a "small crack" (whatever that is) and took delivery of the vehicle knowing it didn't have a warranty.
I looked at the Coral Palm Auto Sales website and their "Internet Special Offers" (three vhicles) are all listed in "mint condition" which I find suspicious.
I'm sorry, but you gambled and lost and I seriously doubt that you have much recourse.
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by Wolf Posted Mon September 8, 2008 @ 10:26 AM
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Some states have "Lemon Law". Meaning if you get a crap deal with a car, you may be able to get ALL your money back. But I think you have to prove they knew it was bad. Sounds to me (I am NOT a lawyer or have really anything to do with the law. Just watch WAY too many "judge shows") they might have known. That and with the car breaking down the NEXT day, you may win here.
My suggestion, contact PFB and get this pulled (it could come back and hurt you) and contact a lawyer. Check in to the Lemon Laws. Good luck!
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lemon laws
by magpie Mon September 8, 2008 @ 10:46 AM
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I've seen
by Wolf Mon September 8, 2008 @ 12:03 PM
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by SuzieCat Posted Sun September 7, 2008 @ 5:05 PM
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I watch too much Judge Judy and People's Court.
many cases like this, the plaintiff loses, because used car sales are almost always "as is". If you had not sign the document, they would not have sold the car to you.
granted, a 24 hour later mess like the OP describes is rare, however, based on my very limited knowledge, he bought it as is, and has no recourse (which sucks IMHO)
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by Donno Posted Sun September 7, 2008 @ 8:44 PM
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I didn't see the phrase "reversing the charges". Maybe that is the tip this is a CC purchase.
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by Steve-OH Posted Mon September 8, 2008 @ 9:27 PM
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I don't know many other payment methods where reversing is an option. Maybe PayPal?
I was thinking that there may be some implied warranty of merchantability that would have covered him, but I have been poking around a little and it seems he may be SOL. This is the best thing I found: "If the contract contains CONSPICUOUS language
stating the implied warranty of merchantability is disclaimed, you will not have any recourse. Remember,
this language must be CONSPICUOUSnot in small print at the bottom of the contract."
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