How would you deal with this Car Dealership?

Joined
19 April 2001
Messages
511
In June of this year, I needed to purchase a car that would be driven 1 mile each way to the Metro (subway) every day. I was looking for an inexpensive but reliable car and thought a used Lexus ES300 would fit the bill. I looked at a few from private owners and decided I'd rather buy from a Lexus dealer because they would be more truthful and honest given that they have a name/brand to protect and would probably want me to purchase future cars from them.

I found an ES300 at a Lexus dealer, spoke to a rep about the car, negotiated a price, and asked the rep if the car had any paintwork. His answer: absolutely not. He also said that it was a car sold new by them, serviced by them, so they would know. I asked him to verify with the used car manager or the dealership's buyer who actually inspected the car. He calls me back and says the car is in perfect shape, no accidents, no paintwork. I asked him on at least 5 occassions. NO PAINTWORK. I buy the car.

Fast forward five months. I am getting ready to sell the car because I don't need it anymore. It has been driven less than 1000 miles from when I bought the car. Take it to get detailed and I am informed that there are signs of paintwork on several sides of the car. I am not experienced in car evaluations and was not able to see the paintwork when I bought the car but when they showed me the indications, there were obvious tape marks and overspray.

Needless to say, I'm pissed. Since it was a used car with high miles, this deal is not going to bankrupt me. However, I would not have paid nearly what I paid had I been told the truth about the car having paintwork. In fact, I agreed to pay a little more because the interior is in great condition. I called the used car manager and he didn't deny/defend that the sales rep lied to me about the car being painted. His only defense was that he "would never tell anyone a car hasn't been painted because over 50% of the cars on his lot have paintwork". WTF??? I told him I wouldn't mind a little touch up paint to fix scratches, chips etc. But this car has had a lot of paintwork. His offer: he would be willing to buy the car from me for what it is worth in today's market. Basically, he told me to screw off. I asked him how much he would give me, and he offers me $5500 less than I paid (5 months and 1000 miles ago) and $1500 less than a non-Lexus dealer has already offered me. Big help.

Here is the thing that burns me. This dealership also sells Acura and I personally recommended a friend of mine from CA to fly out to DC and buy a used NSX from them (which he did about 2 years ago). I sold them my 98 NSX about a year and half ago. They had a used Ferrari which I seriously considered buying for $160k. And they want to screw me for $5k. Regardless of whether they feel they are obligated to resolve this issue, it seems to be business stupid to respond in this way since it will cost them much more in the long run. This deal will obviously impact my decision to purchase from them again, to recommend them, and to actively share my experiences with others.

I am going to call the GM tomorrow and ask him to buy the car back for what I paid less some value for the mileage that I put on the car (maybe $1000-$1500). If they are unwilling, I will proceed to 1) Sue them under Virginia's Consumer Protection Act for false representation 2) visit the dealership periodically to let potential customers know of my experiences and 3) visit as many online automotive boards to inform them of my experiences.

Do you think this is unreasonable or unfair? What else would you ask of the dealership for compensation for their misrepresentation?

[This message has been edited by WeakestLink (edited 04 December 2002).]

[This message has been edited by WeakestLink (edited 04 December 2002).]
 
Hell, I hate being screwed over. If you've got the time to spare, I say make their job miserable. Dishonesety should absolutely result in some sort of retribution. Good luck!
 
That's the thing. I don't have time to spend on this...especially with how busy my life is right now.

But these kinds of things really burn me. Is honesty too much to ask for these days?
 
Have you thought about complaining to Lexus America? If this was a "certified" vehicle, then they might be able to help you with some kind of compensation. Otherwise, unless you had something in writing regarding the condition of the car when you purchased it, it's going to be tough getting anything out of the dealer or Lexus(although it might help future customers by sharing your experiences).

[This message has been edited by PHOEN$X (edited 04 December 2002).]
 
Unfortunately, the car was not certified. They told me that the car was conditioned to meet Lexus certification requirements but b/c of the high mileage, it couldn't be certified. So I doubt Lexus can help. Then again, Lexus may have an interest in protecting the reputation of their dealerships. I bought with blind faith because they were a Lexus dealer and now, I relate no value to being a "Lexus dealership". Maybe I'll give them a call. I guess it couldn't hurt. Thanks for the idea.
 
You should do all you can to make their life miserable. No wonder people hate car dealers
and salesmen.
For $5500 you could have had an NSX.
 
Which dealer is this? I cam local and I would be interested to know as there are many shady dealers in the metropolitan D.C. area.
 
Originally posted by PHOEN$X:
Huh?

You buy an NSX, almost any NSX, drive it for a few months putting one thousand miles on it. Sell it and the most you lost has got to be $5500, more or less. Don't try this with a 2003.
 
I didn't want to say the name of the dealership before the GM (Gary Whipkey) had a chance to resolve. I called him this morning and he was very rude and unprofessional. The dealership is Pohanka.

Mr. Whipkey's response was that almost all of their cars have paintwork and they would never tell anyone a car had not had paintwork. I told him the sales rep repeatedly told me it did not have paintwork. He responds that it doesn't matter what the rep says, when you buy a car from Pohanka, you buy it as is. I repeated that the sales rep even asked the used car manager about paintwork. His response: unless you have something in writing, you cannot assume anything about Pohanka cars since most of their cars have had paintwork. I expressed that minor paintwork for nicks, dings, scratches etc are acceptable but the paintwork on my car was not minor. His response: too bad.

The bottom line is he would not deny that they outright lied about the condition of the car. His only defense is I didn't get anything in writing that says no paintwork so I'm screwed. Very rude and very unprofessional.

I know Pohanka Acura has been a supporter of NSX events. Like I said, I referred a good friend of mine to purchase an NSX from them and I sold my 98 NSX to them over a year ago. I would like to believe that they are separate dealerships but...they sit next to each other, the sales reps from each dealership can sell cars from the other, and I am now very weary about buying anything from either Pohanka dealership. If you do, make sure you get everythign in writing. As the GM said, at Pohanka: 1. Almost all cars have paintwork 2. Regardless of what the sales rep may tell you, they will not stand behind the representations they make and 3. Unless you have something in writing, they will do nothing to resolve an issue, even if it stems from blatant misrepresentation.

I really don't like badmouthing any business b/c I understand how hard it is to control the employees at any organization. However, when the management of an organization responds as unprofessionally, unresponsibly and unethically as the ones at Pohanka, I will make the time to tell others of my experiences. Keep in mind, we're only talking about $17k car. Imagine your feelings if you bought a $65k NSX represented as no paintwork, only to find out later that it had been repainted. (as the GM said, almost all cars there have had paintwork)

What other Acura boards would you recommend posting my experiences on?

Sorry for rambling. I'm still in disbelief on how rudely the GM responded...from a LEXUS dealership!!!
 
Nevermind the car boards. I would suggest sending the link to every newspaper, local paper, car mag, car sales guide, yada yada yada, out there.

Make copies of your story and go there every Saturday, stand just off of their lot, and hand them to every single potential customer that comes their way. Hell, a better suggestion... get your friends to help out too. It'll only take a week or two to really get them pissed off and take notice. =)
 
it's too bad i don't live there because i'd help you with the project as far as standing around in front and handing out paper. i was totally hosed by an RV dealer here in houston who also owns several other car dealerships. they also blew me off when i tried to seek redress.

my bad dealer was DeMontrond RV. George Demontrond also owns several other car dealerships (no acura though) here in houston. do not buy from them! they are dishonest as they could be!

in the mean time, i would certainly be spreading the news far and wide. good luck with your project.

------------------
Kaye & Trish
1998 NSX-T #176
Red/Tan
No mods...
NSXCA #108
-My other car is a 767-
 
I am not a lawyer, but you will be the guy to provide the burden of proof to a judge. If you didn't get something in writing, it will be hard. I would suggest that before you start blowing your horn, that you try some written communication with them to see if they will admit to the representation and try to work a deal with you...even if it is a terrible deal...you just need someting in writing from them about the representation. Then you are in the clear.

good luck

------------------
Todd E. Williams
'94 NSX Blk/Blk
 
I don't have anything in writing that says the car was represented as having original paint. Technically, I have no recourse for the salesperson lying to me. However, I think many states are pro-consumer and don't strictly follow the terms that a consumer signs for on the sales contract.

Similar to when you sign up for a user id at a website and you click that you agree to the terms and conditions...often without reading them. Most people don't read the T&Cs and I think some courts have found them not to be enforceable since the website knows that people have agreed to them without reading them.

I'm not trying to rewrite the law. However, I think it is still considered misrepresentation if a salesperson tells lies to sell a car, then asks you to quickly sign pages of fine print (that most people don't read) that states no matter what the salesperson says, the only thing enforceable is what is in writing.

The issues I have are pretty basic:

1. Salesperson lied.
2. Sales Manager and General Manager don't deny lie and don't care. Their only defense is that most of their cars have been painted.
3. General Manager was very rude, and unwilling to do accept any responsibility for the actions of his employees.

I ended up selling the car at a greatly reduced price due to the paintwork. (I disclosed to the buyer that the car had paintwork) I look at my $4000 loss as a learning lesson to never do business with Pohanka.

I'm most disappointed with the way the GM reacted when I calmly and diplomatically explained the situation to him. He would not accept any responsibility (while not denying it happened) and was just rude and unprofessional.

Hopefully, this thread will serve as a warning to make sure and GET THE LIES IN WRITING.
 
Regardless of the legalities involved, if I was a reputable dealer I would try to make reparations with a long time, loyal customer. It's good for publicity and business (avoiding lost sales due to badmouthing by a disgruntled customer).

Still, the advice about getting the terms in writing is valid. I'm sorry you had to learn the hard way however
frown.gif


[This message has been edited by PHOEN$X (edited 06 December 2002).]
 
Originally posted by nsxtasy:
20 minutes or so.

OK. If you are a busy person or the weather isn't the best that is about 15 minutes too long a time to spend getting somewhere on foot. Too bad this whole mess cost so much money but then again plenty of people have spent more on a per mile basis than that.
 
I hate to say this, but I think persuing this is probably NOT even worth your time.

If you contact the GM, you will probably be told that the salesperson indeed did feel (or was told) that it was original paint. And if he did, was he then a liar?

After all, it must have been pretty good paint to go undetected during your entire ownership.

When a used car is resold (even by a "Lexus" dealer), it is still that - just a used car. In the many miles that it was previously owned, they had no control over what was done to it . . . even a little highend paintwork.

The fact that you feel this car was worth less is really subjective. Simply something you feel emotional about. As a high mileage car with "paintwork done", it might be worth "just as much" to the next person (or more). The dealer won't give you anything for it - so I wouldn't even bother asking.

But the fact is that you feel you were lied to . . .

I ALWAYS prefer to buy a used car direct from the owner. Most owners are honest. And if I run into a situation later that is contrary to what I was told, then I would know for certain I was lied to (something you cannot prove in your situation).

A dealer never knows a cars history like the owner.

As a footnote, there are lots of folks who "lie to a dealer" at trade-in time.

And what is told to a dealer is often relayed to a prospective purchaser later.
 
WA-NSX. You are right...this is not worth pursuing.

But the paintwork was horrible and very obvious...I never noticed b/c I never looked. I bought the car for the sole purpose of driving 1 mile to the Metro and parking it there and that's what I did. There is no way the dealership didn't know about the paintwork given that they are in the business. That said, I agree that used cars are used cars and you get what you pay for. If they had disclosed the paintwork when I directly asked about it (multiple times), I may have still purchased the car since the interior of the car is in excellent shape and the engine runs like new.

Like I said, my biggest disappointments are the direct lies and more importantly, how the dealership and the GM handled the situation.

I used to purchase a lot of cars (back when the economy was good). I'm on the list of at least 5 manufacturer's "target customer" list. I always get the invitations to the "special events" by Lexus, Mercedes, BMW, Porsche, and Cadillac(?)...as I'm sure many of the people on this board do. I did a 3 hour focus group for Mercedes on their brand positioning and a 2 hour focus group for Porsche on the new Cayenne design. I can't wait for Lexus to call to do another survey.
 
Unfortunately for you, dealers are not required in any state to disclose body/paintwork. Only if there is frame damage, of course. The spoken word of the salesman will mean nothing. In fact, in the business office amongst the array of paperwork, you most probably signed a disclosure stating that the vehicle you are buying 'likely' has paint/bodywork. I'm almost certain that all states have this disclosure for used vehicles.
 
I agree that it is my fault for not checking. And I know I signed something that said I am buying as-is. Still perturbed. I don't like being lied to.

Anyway, next time I buy used, I'll know better.
 
Originally posted by WeakestLink:
I don't like being lied to.

...least of all by a Lexus dealership. Don't be so hard on him, guys. Lexus has established itself as the premier brand that "treats its customer right", and has therefore elevated certain expectations regarding integrity and professionalism during (and after) the sales process. It isn't surprising that a customer would take the salespersons at their word, and not scrutinize the sale as much as he/she would have at, say, a corner used car lot.

I bet Lexus America would be interested in hearing about this incident, if for nothing else than preserving their public image.

[This message has been edited by PHOEN$X (edited 08 December 2002).]
 
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