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  • Report:  #1032780

Complaint Review: Ed Moses Dodge - Scottsdale Arizona

Reported By:
- Phoenix, Arizona,
Submitted:
Updated:

Ed Moses Dodge
7801 E Frank Lloyd Wright BLVD Scottsdale, 85027 Arizona, U.S.A.
Phone:
480-9987772
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
First and foremost, I'll provide the facts I can prove from written/printed materials. Secondly, I will include the facts which I have witnesses to the events.

1. An online ad located at Autotrader.com was listing a 1995 Dodge Grand Caravan (VIN: 1B4GH54RXSX546373) for $3477.00. The van had 115,649 miles on it. Most importantly, the has a section with a heading of "Why Buy from me?" The first sentence under that heading is "Warranty included on every vehicle sold." This ad was online on 7/24/2005.

2. The dealer honored the advertised price and charged what I would deem 'reasonable' fees. The vehicle was delivered for a total of $4197.09 which included a $298.00 "doc fee", a $25.00 "fuel fill", and $115.45 "license fee." The remaining $281.64 was sales tax (8.1%). This purchase was made on 7/24/2005.

3. We were given a "We Owe" certificate to fix the rear seat. The seat slides and is not secure, creating a safety issue.

Now, for information not currently in writing but bears witness.

1. Prior to sale, I inquired about warranty. The salesman originally stated that all cars are sold with a 3 month, 3,000 mile warranty but will 'need to confer with his manager regarding such.'

2. Prior to sale, I inquired on whether or not I can have a mechanic check the vehicle. The manager stated that I could do so but would have to wait until tomorrow and would be contingent upon whether or not the vehicle sold by then. This was a "Good deal" so I was hesitant to let it go.

3. Prior to sale, I was assured that the vehicle has gone through a "40 point safety inspection" and that they "wouldn't sell a vehicle that wasn't good enough to sale."

3. After writing the check, I was informed that "Since the vehicle had more-than 100,000 miles, there would be no warranty" with exception the the implied warranties for the state. (Also known as purchasing "As Is")

4. After delivery of the van, I took it to my mechanic on 7/27/2005 (Stahl's Bell Road Automotive). The diagnosis in writing is as follows: "Safety inspection, found belts and hoses to be original equipment. Due not see leaks at this time. L/F Axle needs replaced IMD. Front pump in transmition is leaking. Water pump has had signs of leaking from weep hole. Oil leaks appear to be from front crank seal and oil pan. Will need to pressure clean and add dye to locate correct oil leaks before repairing. All brakes have adiquit pad left."

5. After this inspection, I took the van to Ed Moses Dodge on 7/28/2005 to inform them that we wanted safety issues addressed. I was concerned with the axle replacement and transmission leak. I told them I was willing to fix the oil leak and water pump as that would be expected from a used car. The service department at Ed Moses "does not agree with the statement regarding the axle" and "confirms that there is a cracked C/V joint but these are not safety issues according state law."

6. I asked them to put the above statements in writing and they refused to do so. We spent about 4 hours trying to work out something, which almost included purchasing a different used van for $10,000 more-than what we already paid but half the miles. After the 4th hour, I was able to convince my girlfriend to decline further purchases and leave. (She's witness to all these events.)

7. Since Ed Moses Dodge and my mechanic's diagnosis varied, I took the van to a third party (Pep Boys @ 28th St. and Bell Rd) for further diagnosis. They checked out the Axle and stated that the "both inner C/V joints need replacement and the L/F outer C/V joint needs replacement." I authorized repair of these issues. The total for repair was $366.73 which broke down to 2x $69.99 for the CV assemblies and $199.20 for labor. The labor charge was to: "R&I axle shaft assembly transaxle type both sidesucuksadic".

Now, here's the issues I have:

1. The company advertised a warranty for every vehicle sold. Since Arizona state has an implied warranty of mechantability for 15 days or 300 miles, any reasonable person would have come to the conclusion that mentioning a warranty in an advertisement would indicate a different warranty. Upon sale of the vehicle, warranty was declined. This should be an illegal marketing practice.

2. The Arizona Warranty of merchantability states that: "For the purposes of this section, the implied warranty of merchantability is met if the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway. The implied warranty of merchantability expires at midnight of the fifteenth calendar day after delivery of a used motor vehicle or when a used motor vehicle has been driven five hundred miles after delivery, whichever is earlier. " If you check Title 28, chapter 3, article 16, you'll find that Sub section 28-921 states: " A. A person shall not:

1. Drive or move and the owner shall not knowingly cause or permit to be driven or moved on a highway a vehicle or combination of vehicles that:

(a) Is in an unsafe condition that endangers a person."

Now, according to Arizona law, I could not knowingly drive this vehicle because of the axle issue. Driving this vehicle is a safety issue as the axle breaking can harm others, including myself, on any highway. The transmission is also a safety issue as it can stop working and cause me to get struck from behind.

3. This vehicle supposedly went through a 40 point safety inspection yet none of these problems were caught? (The axle would definitely have been an issue to be found during a safety inspection.) Carfax.com lists this vehicle in two accidents and there is a dramatic drop in usage between 2000 and 2002. ( http://www.carfax.com/cfm/FSBO.cfm?report=CFX000009648656 ) Link will only work for 58 more days.

4. I will need to fix the transmission. From my understanding, AAMCO can do a transmission re-seal service for approx. $600 while rebuilding the tranny would cost around $2000. Tihs is a repair I am going to be stuck with.

Basically, this company is a shady company. The sales people appear sincere but that is only because they have the "Big Bad Manager" hiding in the backroom and making all the decisions. This is a company that will rip you off with a smile on their face.

I may pursue legal action as the repairs I have performed so far have been performed prior to the Warranty of Merchantability expiration. Also, the advertised warranty they would have included with the vehicle would most-likely cover the transmission. I believe I have basis for lawsuit in small claims and may be pursuing such.

As for now, I advise NOBODY to purchase from this shady company. The people appear sincere, but does that matter when they're ripping you?

If there are any lawyers out there, feel free to contact me regarding rights and a possible way to pursue legal action for punitive damages. Big companies like these should not be able to falsely advertise and get away with it, screwing the working class in the process.

Jason

Phoenix, Arizona
U.S.A.


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