My question involves a consumer law issue in the State of: Georgia
I purchased a 2010 Dodge Ram 2500 with 63k miles from AutoNation at the end of May. I went to the local dealership in Savannah, GA to look at trucks, they didn't have any so they directed me to their app to locate a vehicle at one of their dealerships in their nationwide network, as I could purchase from any location and they would ship the vehicle. I was represented as one company with many locations. Very abbreviated version of long story below. Can provide more specifics as needed.
- Found truck I wanted in TX.
- Spoke directly with salesperson there via phone and text. He sent some photos of the truck, but ultimately is very difficult to see all details in pictures.
- Said truck had zero damage or issues inside or out with exception of some hail damage on roof and hood (which he did not disclose until someone brought it up when we were negotiating deal). Also stated vehicle had just gone through 125 point certified vehicle inspection and specifically, as I had brought it up based on photos, that the tires were in good condition and would pass TX inspection (Lifted truck with 37x13.5x20 tires - expensive).
- Negotiated deal and purchased truck based on his word, as he was my eyes was how I explained it to him, and had it shipped to GA.
- Truck arrived in early June.
- Truck turned out to have completely worn front tires with many lugs being worn completely flat. Interior was missing all of the floor mats and rubber inserts that go in the console area and headliner had significant staining above the rear window since the rear window leaks when it rains (not disclosed). In addition, the truck was involved in what appears to be at least two prior accidents (none disclosed) and the repairs were not done properly. Taiwanese aftermarket fender on driver side with two sizeable dents, left headlight loose in truck due to broken mounting tab, trim piece below headlight also loose from broken tab, rust on driver fender at edge of wheel flare. Paint issues around door handles where they were apparently taped up rather than removed when truck was repainted. All four belt moldings on the doors are bent from improper removal when being painted. Several large runs in the paint on the right side of cab and some missing clear coat on right rear rocker panel. Heavy clear coat overspray on rear of cab and inside right rear door opening where they improperly blended the paint. Many of the supposed service items were also never completed. Oil was not changed, the TPMS light was on, steering wheel alignment off (straight was about 10 o'clock vs 12 o'clock), fog light does not work (changed bulb, still doesn't work), clearance light burned out on roof, chassis not greased nor were differentials checked/serviced as evidenced by build up of dirt/grime on those items. Many other things in addition to all this.
- Attempted contact with salesperson. Have not spoken to him to this day.
- Ended up leaving Yelp review, was directed to speak to GM of the TX dealership.
- Spent a few weeks trying to get in touch with GM, was never there or would never take call or return messages.
- Spoke to a couple lower level managers, one of which was confused as to why I think the front tires are worn since there was a requisition in the file for the truck for two new tires. He was going to speak to GM to get clarity. After no follow up he gave me GM email address and asked me to email him photos.
- Emailed GM photos, no response.
- Ended up eventually getting used car mgr. He said GM was out but he would look into. Agreed to reimburse me for $70 oil change right away as that was acknowledged as not done by photo I sent him. (that was early June, never received that money). He said he would talk to GM about other issues.
- Eventually got GM on phone only to have him ask me to email pics to correct address for him since prior email address I was given was wrong, to review and he would call me back.
- Sent email. Never got a call back.
- Got sales mgr again, he agreed to pay $1000 to cover front tires, missing interior pieces and misc service issues but was not authorized to give me anything for the body damage. I said I would accept the $1000 for those items, but I still want to be credited for the body damage. He said that he couldn't but he would buy the truck back. I told him that would be fine but it would cost them a lot more since they would have to reimburse $2700 in sales tax, $800 for delivery, $1600 for the four tires and alignment I had to do and another couple hundred for the detailing and other misc servicing I had to do. He said he would have to talk to GM. I said that I wanted a call from the GM.
- GM never called or emailed.
- Tried unsuccessfully many more times to get GM or sales mgr on phone to resolve but never got either.
- Went to my local AutoNation dealer and saw GM. He walked out to truck and before I pointed anything out immediately started shaking his head and apologizing. He said that it was very obvious that the entire truck had been repainted and it was done very poorly. I showed him photos of the tires that were on the truck and also of the areas of the truck that weren't serviced. Also showed him interior with leaking rear window. He said that I was essentially ripped off and the deal never should've happened that way. We discussed the offer of $1000 and he agreed that that was fair for just the tires and misc items. He asked that I bring the truck back so his service dept could go through the truck and seal up the rear window and clean the headliner. He asked that I get an estimate for the body repair work as they don't have a body shop. I got the info he requested and tried to schedule the service. He saw the estimate of $1796 and agreed that it was very fair for the work that needed to be done but unfortunately, his boss informed him that he could not help me and that the only person I could deal with was the GM of the TX dealership - who would not and has not spoken to me. This is extremely odd since AutoNation is a nationwide company, not independent franchises and markets itself that way. He directed me to a corporate customer service dept and asked that I email him.
- Sent email to him, after two weeks I got no response.
- Found the CEO's Twitter address and asked for help there. Was given a phone number to call. Called it and it was the corp cust service guy who never answered my email. I asked him why I got no response and he stated that he called the TX GM and he stated that he spoke to me and offered me $1000 but I refused. I informed him that that was untrue, as I had never spoken to the GM other than to get his correct email address, and also that he still needed to call me to speak about the issue regardless. He said again that the GM in TX was the only person that could handle the issue as that is the corp model.
- I asked for the contact info for the GM's boss and he said the GM was the only person that could provide that info.
- I have since made several other attempts to reach GM to no avail.
- I sent an email to all parties I have spoken to advising them that if an amenable resolution was not reached prior to Sept 16 that I was going to file suit in my county in GA (I was told by court clerk that I could file here since AutoNation is nationwide company that does business in my area). I was seeking $2800 (the original $1000 agreed and the $1800 from estimate).
- I received a call the same night from the sales mgr. He was apologetic and stated that he thought the issue was resolved. Asked what I wanted and I told him I wanted $2800 and explained why. I also informed him that even though not he nor his GM have ever laid eyes on this truck, the local GM has seen it and is adamant that I was wronged. He said he thought the request was reasonable and said he would reach out to the GM for resolution, and acknowledged that the GM knew about my email because he texted him when he received it.
- I just got a call today from sales mgr (again no contact from GM) who said that the GM would only authorize $1750 (he couldn't give any breakdown of how that number was derived) and that according to their records, all the servicing was done. I reminded him of the photos that he saw that showed that some of the service items weren't completed but he insisted that their records say they were done. I told him I was not accepting $1750 and that if they cannot give me what was deemed fair by a GM who has actually seen the truck, then we would have to resolve it in court, in Georgia. He said that he doesn't understand what the issue is because they offered to buy it back and I said no, but it is too late now to do that. I reminded him of the text message I sent him on June 21 that stated that they could buy it back at that time but I was to be made whole for any monies spent and that I never got a response. He said he would tell GM that I turned down latest offer. I again said that I wanted to speak to GM, since everyone in the company states that he is the only one that could make any decisions and is the one who is supposed to handle these issues.
- I have not gotten a call yet.
That's the short version. Many attempts at contact throughout through both phone and email. My question is, with the local GM as a witness to state that the truck was not represented accurately (and I have another witness who had the GM state this to him as well on two different occasions when I was not present), is a judge likely to rule in my favor? Or should I accept the $1750 and move on. I have to be honest, at this point it is a matter of principal as well. I would love to see the GM fired for not only not doing his job, but lying as well. Sorry for the long post and thanks in advance for any advice.
I purchased a 2010 Dodge Ram 2500 with 63k miles from AutoNation at the end of May. I went to the local dealership in Savannah, GA to look at trucks, they didn't have any so they directed me to their app to locate a vehicle at one of their dealerships in their nationwide network, as I could purchase from any location and they would ship the vehicle. I was represented as one company with many locations. Very abbreviated version of long story below. Can provide more specifics as needed.
- Found truck I wanted in TX.
- Spoke directly with salesperson there via phone and text. He sent some photos of the truck, but ultimately is very difficult to see all details in pictures.
- Said truck had zero damage or issues inside or out with exception of some hail damage on roof and hood (which he did not disclose until someone brought it up when we were negotiating deal). Also stated vehicle had just gone through 125 point certified vehicle inspection and specifically, as I had brought it up based on photos, that the tires were in good condition and would pass TX inspection (Lifted truck with 37x13.5x20 tires - expensive).
- Negotiated deal and purchased truck based on his word, as he was my eyes was how I explained it to him, and had it shipped to GA.
- Truck arrived in early June.
- Truck turned out to have completely worn front tires with many lugs being worn completely flat. Interior was missing all of the floor mats and rubber inserts that go in the console area and headliner had significant staining above the rear window since the rear window leaks when it rains (not disclosed). In addition, the truck was involved in what appears to be at least two prior accidents (none disclosed) and the repairs were not done properly. Taiwanese aftermarket fender on driver side with two sizeable dents, left headlight loose in truck due to broken mounting tab, trim piece below headlight also loose from broken tab, rust on driver fender at edge of wheel flare. Paint issues around door handles where they were apparently taped up rather than removed when truck was repainted. All four belt moldings on the doors are bent from improper removal when being painted. Several large runs in the paint on the right side of cab and some missing clear coat on right rear rocker panel. Heavy clear coat overspray on rear of cab and inside right rear door opening where they improperly blended the paint. Many of the supposed service items were also never completed. Oil was not changed, the TPMS light was on, steering wheel alignment off (straight was about 10 o'clock vs 12 o'clock), fog light does not work (changed bulb, still doesn't work), clearance light burned out on roof, chassis not greased nor were differentials checked/serviced as evidenced by build up of dirt/grime on those items. Many other things in addition to all this.
- Attempted contact with salesperson. Have not spoken to him to this day.
- Ended up leaving Yelp review, was directed to speak to GM of the TX dealership.
- Spent a few weeks trying to get in touch with GM, was never there or would never take call or return messages.
- Spoke to a couple lower level managers, one of which was confused as to why I think the front tires are worn since there was a requisition in the file for the truck for two new tires. He was going to speak to GM to get clarity. After no follow up he gave me GM email address and asked me to email him photos.
- Emailed GM photos, no response.
- Ended up eventually getting used car mgr. He said GM was out but he would look into. Agreed to reimburse me for $70 oil change right away as that was acknowledged as not done by photo I sent him. (that was early June, never received that money). He said he would talk to GM about other issues.
- Eventually got GM on phone only to have him ask me to email pics to correct address for him since prior email address I was given was wrong, to review and he would call me back.
- Sent email. Never got a call back.
- Got sales mgr again, he agreed to pay $1000 to cover front tires, missing interior pieces and misc service issues but was not authorized to give me anything for the body damage. I said I would accept the $1000 for those items, but I still want to be credited for the body damage. He said that he couldn't but he would buy the truck back. I told him that would be fine but it would cost them a lot more since they would have to reimburse $2700 in sales tax, $800 for delivery, $1600 for the four tires and alignment I had to do and another couple hundred for the detailing and other misc servicing I had to do. He said he would have to talk to GM. I said that I wanted a call from the GM.
- GM never called or emailed.
- Tried unsuccessfully many more times to get GM or sales mgr on phone to resolve but never got either.
- Went to my local AutoNation dealer and saw GM. He walked out to truck and before I pointed anything out immediately started shaking his head and apologizing. He said that it was very obvious that the entire truck had been repainted and it was done very poorly. I showed him photos of the tires that were on the truck and also of the areas of the truck that weren't serviced. Also showed him interior with leaking rear window. He said that I was essentially ripped off and the deal never should've happened that way. We discussed the offer of $1000 and he agreed that that was fair for just the tires and misc items. He asked that I bring the truck back so his service dept could go through the truck and seal up the rear window and clean the headliner. He asked that I get an estimate for the body repair work as they don't have a body shop. I got the info he requested and tried to schedule the service. He saw the estimate of $1796 and agreed that it was very fair for the work that needed to be done but unfortunately, his boss informed him that he could not help me and that the only person I could deal with was the GM of the TX dealership - who would not and has not spoken to me. This is extremely odd since AutoNation is a nationwide company, not independent franchises and markets itself that way. He directed me to a corporate customer service dept and asked that I email him.
- Sent email to him, after two weeks I got no response.
- Found the CEO's Twitter address and asked for help there. Was given a phone number to call. Called it and it was the corp cust service guy who never answered my email. I asked him why I got no response and he stated that he called the TX GM and he stated that he spoke to me and offered me $1000 but I refused. I informed him that that was untrue, as I had never spoken to the GM other than to get his correct email address, and also that he still needed to call me to speak about the issue regardless. He said again that the GM in TX was the only person that could handle the issue as that is the corp model.
- I asked for the contact info for the GM's boss and he said the GM was the only person that could provide that info.
- I have since made several other attempts to reach GM to no avail.
- I sent an email to all parties I have spoken to advising them that if an amenable resolution was not reached prior to Sept 16 that I was going to file suit in my county in GA (I was told by court clerk that I could file here since AutoNation is nationwide company that does business in my area). I was seeking $2800 (the original $1000 agreed and the $1800 from estimate).
- I received a call the same night from the sales mgr. He was apologetic and stated that he thought the issue was resolved. Asked what I wanted and I told him I wanted $2800 and explained why. I also informed him that even though not he nor his GM have ever laid eyes on this truck, the local GM has seen it and is adamant that I was wronged. He said he thought the request was reasonable and said he would reach out to the GM for resolution, and acknowledged that the GM knew about my email because he texted him when he received it.
- I just got a call today from sales mgr (again no contact from GM) who said that the GM would only authorize $1750 (he couldn't give any breakdown of how that number was derived) and that according to their records, all the servicing was done. I reminded him of the photos that he saw that showed that some of the service items weren't completed but he insisted that their records say they were done. I told him I was not accepting $1750 and that if they cannot give me what was deemed fair by a GM who has actually seen the truck, then we would have to resolve it in court, in Georgia. He said that he doesn't understand what the issue is because they offered to buy it back and I said no, but it is too late now to do that. I reminded him of the text message I sent him on June 21 that stated that they could buy it back at that time but I was to be made whole for any monies spent and that I never got a response. He said he would tell GM that I turned down latest offer. I again said that I wanted to speak to GM, since everyone in the company states that he is the only one that could make any decisions and is the one who is supposed to handle these issues.
- I have not gotten a call yet.
That's the short version. Many attempts at contact throughout through both phone and email. My question is, with the local GM as a witness to state that the truck was not represented accurately (and I have another witness who had the GM state this to him as well on two different occasions when I was not present), is a judge likely to rule in my favor? Or should I accept the $1750 and move on. I have to be honest, at this point it is a matter of principal as well. I would love to see the GM fired for not only not doing his job, but lying as well. Sorry for the long post and thanks in advance for any advice.
Sales Agreements: Purchased Vehicle from Out of State. Dealer Misrepresented
