Complaint Review: Tynan's Volkswagon/Isuzu - Aurora Colorado

I purchased a 2008 Chevrolet Malibu at the lot address of 700 South Havana Street in Aurora, Colorado on 08/11/2009.  I have discovered the vehicle has been damaged in a hail storm and masked using the technique of paintless dent repair (PDR) and have been defrauded in thousands of dollars in terms of its devaluation and the sale price I purchased in for.

I went to the lot on August 11, 2009 in response to a website listing of a 2007 Pontiac G5 with very low mileage.  I had lost my vehicle through a total loss declaration by my insurance carrier due to a comprehensive claim following the hail storm that occurred on July 20, 2009.  Due to the tremendous scale of the storm that destroyed my vehicle I did not get an appointment with an adjuster for over a week after the loss date.  By that time I could not locate a rental vehicle to utilize my coverage for one and the insurance carrier declared my vehicle a total loss.  I needed to relinquish my vehicle to accomodate the lender on the vehicle with the insurance settlement.  By the time I found the Pontiac listing I was under a great deal of pressure to turn my vehicle over to the insurer.  Tynan's website indicated they could meet the needs of hard to finance individuals and I had suffered a layoff in February 2009 placing me on unemployment benefits.  I had recently become re-employed just weeks prior to the storm that resulted in the loss of my vehicle and needed to secure reasonable transportation as my new commute was nearly thirty miles to work. 

I arrived on the lot and was engaged by my salesman, Mr. BJ Doggins (Not his real name for the purpose of libel/slander).  I explained honestly the position I was in and that I did not have a trade or sizeable down payment due to the timing of the storm and my period of unemployment as a result of the recession.  I made clear my interest in the Pontiac due to its modest equipment and pricing.  The process was begun to secure a financing arrangement and BJ indicated that the lender would approve a list of model choices based on criteria to include a model year no older than two years and mileage under 30k.  I was not overly concerned as the Pontiac was a 2007 model year with a low 2,300 miles in its service life.  The process was long and drawn out but concluded with BJ producing a list of vehicle choices and indicating it was time to take a look and test drive.  I protested that the Pontiac was not on the list of vehicle choices approved by the lender.  I was taken on a test drive in the Pontiac upon my prostest and I found the vehicle sufficient to suit my transportation needs.  BJ reiterated that the Pontiac would be a difficulty due to the lender not being willing to finance over a certain percentage on that brand name due to its announced discontinuance ending 2010.  I reluctantly agreed to consider the three model choices he had on his list and ruled two out immediately as they were of foreign brand.  I prefer brands under the General Motors umbrella and the only choice in that category was a 2008 Chevrolet Malibu.  I agreed to a test drive and was pleasantly surprised by it agreeing to consider it further but still preferable to the Pontiac due to its much more modest price.  The Malibu was a size class up and was more richly endowed in its base trim accomodations while being priced much higher.  The vehicle was being marketed with a Quality Assurance Pre-Owned Guarantee and Tynan's 65 point quality inspection.  An extened warranty was offered to embellish the balance of the remaining factory warranty.  The carfax report was squeaky clean showing a one owner history having been delivered into a rental fleet and then transferred through auction sales arriving on Tynan's lot in late June.  We returned to the finance office and I was presented with two deals. 

The Pontiac was to require a down payment of $1,500 while the Chevrolet was presented with a zero down provision.  BJ stated again that the Pontiac discontinuance had an impact on the financing provisions.  I believed this to be true as I had not experienced buying a brand of discontinuance just prior to the announced end of production and assumed that the lender was much more comfortable with financing the Chevrolet and its retention of value over the course of the loan life.  I like the Malibu model and my intentions are to get my financial affairs back in order after the lay off in hopes of refinancing the vehicle after making a solid run of ontime payments to the creditor.  I waited over eight hours for the paperwork to be signed.  Being put behind the well qualified shoppers of Volkswagon and Nissan. 

I purchased an extra key for the vehicle and two remote keyless access units to equip it with an extra set and utilize the remote keyless feature.  If anyone has purchased these items from a dealership I do not have to explain the expense was a bit painful.  I was happy with the vehicle as it rides great and looks good too........

..........Until about ten days after sale.  I was walking to the vehicle toward the passenger side while departing work that day.  I had parked the vehicle under the shade of a tree as it had been hot during the week and I had found an open space upon arrival at work uder the shade.  As I was approaching the vehicle I noticed a subtle peculiarity in the texture of the finish on the body panels exposed in the shaded lighting.  As I looked at it under scrutiny I immediately suspected that the vehicle had itself suffered damage due to hail and had been masked under the technique of paintless dent repair.  I took it to a PDR tech that I have been doing business with for years the next day as I was very alarmed at this possibility.  Tynan's serves the upscale crowd with their VW and Nissan inventory and due to their reputation it never occurred to me at sale that they would pull a ruse of this nature in defiance of Colorado law regarding dealer sales of new and used vehicles (Colorado Dealer Board website - pdf version of laws governing dealer conduct pg 47 and pg 48).  Upon my arrival I said nothing of my suspicions but instead inquired of a minor dent on the trunk lid that I asked him to look at.  He asked me to pull the car under the shade of his awning to get a good vantage.  As he looked the vehicle over asing me the usual how do you like your new ride he became disctracted by the very same area of the body panels that I had noticed the day before.  He asked me if I had bought the vehicle on a disclosed hail sale.  I said I had not.  He informed me that the entire passenger side of my vehicle had sustained the brunt of a hail storm and that the car had been back door repaired through PDR albeit poorly leaving a wrinkle effect to the texture.  He indicated that I should return the vehicle and start asking some questions as the nondisclosure of it was unlawful and verifying with me that there was no written disclosure in the paperwork of the sale or the carfax report which I had relied in making my purchase decision.

I returned home and called the general sales manager of the dealership location, Mr. Scurrilous (again not real but implied).  I left him a firm but civil voice mail indicating that I had discovered the suppressed damage and that I had paid a normal retail price for the vehicle.  I urged him to return my call.  He did not contact me that afternoon.  I followed up on Monday and left him additional voice mails even firmer indicating that if he did not return the call I would come to the lot with the vehicle in person.  Finally, on about my third attempt I reached him.  I confronted him about the suppression of the damage, their responsibility under the law to disclose it and the nonreflection of the damage in the pricing.  He said I better calm down as I had threatened him and he would call the police.  I had made no threats of violence but implied that I would return to the lot with the car and divulge the fraudulent element of my transaction within earshot of other consumers.  He asked me to bring the car down after work.

I arrived after work none to happy to be at the car lot again so soon after spending an entire afternoon and evening waiting to finalize the contract.  I apologized to Mr. Scurrilous about blowing up over the phone but that I was not happy with being passed a poorly masked hail damaged vehicle that escapes attention upon casual glance.  I cited the devaluation as a result and the sale price I paid saying I was unwilling to purchase a damaged vehicle and that they are bound under law to disclose it.  He claimed that he reviewed the carfax and cited it was clean saying they had purchased the vehicle at auction and were unaware of its condition.  Knowing that dealer buyers are hunting for quality at auction that pose a small risk of inducing indigestion into any sale I found this to be hugely suspect.  He noticed my eye on another Malibu model sitting on their lot and made the suggestion to move me to it.  I agreed and informed him of my expense regarding the extra key and fobs to which I had not complained of the day of the sale.  They had told me they only got one key at auction when it was purchased for inventory.  I thought that my problem was being quickly corrected and breathed easy...................

................for about ten minutes.  Mr. Scurrilous approached me saying that the trim package of the Malibu I was interested in was a step up from mine complicating a flat switch and the provisions of the lender stating they would not approve of the added options due to my credit score.  Having never been forced to purchase a vehicle without walking in with approved financing, I assumed that the creditor was agreeable to financing a solid vehicle but not willing to accomodate any appetite for luxury.  Mr. Scurrilous indicated they would not allow my payment to rise as a result of any transfer to another vehicle.  I gave him a blank stare and could not believe what I was hearing.  They had defrauded me and wanted to soak me for more cash.  I protested citing the disclosure issue and the expense of the key/remote equipment saying I could have them synced up to another Malibu.  I was instead presented with another crappy list of vehicles that were "approved" so they said.  All of which were of foreign make and none to my liking aesthetically.  The only exception being a Ford Escape.  I was not interested due to its fuel economy.  I indicated I had purchased a Malibu and wanted a Malibu, you passed me a damaged vehicle illegaly and the choices you have given me are unacceptable.  I do not want a foreign car.  Mr. Scurrilous summoned the General Manager of the dealership.................

...............Mr. Huck.  Mr. Huck asked me what would suit me in order to resolve the problem.  I indicated my interest in one of the other Malibu models they had on their lot, there were two.  He sent me on a test drive with my original salesman, BJ.  I was happy with the vehicle with the exception of its brakes.  We returned to the lot and I informed Mr. Huck the vehicle was suitable but the brakes were an issue.  He said he would have the brakes looked at.  I was told they had another lender they dealt with but could not make contact until the following day.  The employee at the finance desk inquired of me the possibility of my retention of the vehicle if the completed the repairs present from the hail.  I indicated that I would be willing but it needed to be quality, backed by a professional and thorough.  Mr. Huck chimed in saying he could have a loaner gassed up and ready for me if I brought the vehicle to him the next day.  I indicated that they still needed to check on the other Malibu with their mystery lender.  I was in no mood to spend another night on their lot so I departed completely frustrated with the entire situation.  Throughout the conversation regarding the repair work I had asked them of the specifics of who would be doing the work and how thorough.  I wanted to know and feel I deserve to.  Mr. Huck was vague and only offered "I have a guy I can send it to."  Remarkably, none of these car guys seemed to act like they knew what PDR meant or what it was.  C'mon Naw!! 

I decided that if they wanted to repair the car that would be fine as I really do like the car.  I sent them a letter the next day stating that I would agree to it only upon securing an independent estimate and overseeing where the repairs would be made.  I stated plainly my mistrust.  I phoned Mr. Scurrilous and informed him that I had sent my letter as a Word attachment to his email.  I indicated he needed to review and reply.  He did not.  I was furious.  I faxed it to him over the following two days a total of 49 times.  he continued to ignore me.  I phoned him just before close on the Friday of that week and left him a message saying I was effing done and that based on the illegal element of the transaction I wanted to return the car and cancel the contract.  I heard nothing.  I called the main line after close and left it on their general message voice mail box as well.

I heard nothing the following day.  I started calling at noon.  I left additional voice mails much less pleasant saying get the paperwork ready, I am bringing your hail heap back.  Finally I got Mr. Scurrilous on the phone and I stated again that we needed to meet up to cancel the transaction.  He stated that was not an option.  I heatedly informed him that they had broken the law and I was finito.  He said he thought that we had agreed they would repair the car.  I said I had sent my conditions over and he had ignored them, done bra done.  He said he had replied to my letter via email and I asked him where it was sent as I had seen nothing.  He said he was not in his office and asked me for my phone number stating he would call me from his office and confirm the email address.  I had sent my letter to him from work but I had also listed my home email in the application paperwork the day of sale.  I figured he had sent it to work the previous day after I had departed for the weekend.  An hour later I got a call from the Aurora Police.  Mr. Scurrilous had reported that I had threatened to kill him and his family.  I asked the officer if there was any proof as I had said nothing of the sort but did admit that I was furious over being defrauded by the dealership.  The officer indicated that he had heard my voice mails and read my letter stating that there was no evidence to corroborate the claim of Mr. Scurrilous regarding threats of violence.  He indicated the dealership felt my level of anger was risk to become volatile and they wished me not to return the car that day as I intended.  He stated that I could not be arrested but cited for trespass if I brought the car there and Tynan's decided to push the issue.  In respect for the officer I relented for the duration of the weekend. They sold me an extended warranty for $2,000 that requires I have repairs serviced at their dealership and now they are trying to ban me from the lot???!!!!  C'mon Naw!!!!

I called Mr. Scurrilous first thing Monday morning.  He hung up upon hearing my name.  I phoned back and referenced one of the documents of the sale titled "Disclosures Required as Part of a Motor Vehicle/Powersports Vehicle Sales Contract" citing item C on the list of initialed acknowledgment items stating plainly that any fraud or misrepresentation in a Motor Vehicle/Powersports Vehicle sales being punishable under Colorado State Law."  I pointed out that in addition to myself acknowledging that item that the party in his employ processing the paperwork had initialed it as well.  I stated again that based on the unlawful element of the transaction that I intended to walk away.  I sent a screenshot of the Colorado Dealer Board Complaint form to him and titled the subject "What are you waiting for??????"  I pulled the pdf documentation of the laws pertaining to dealer conduct from the Dealer Board website and scanned the pages regarding lawful disclosure and sent them as an attachment with my Subject titled "Intent to Withdraw."  I sent another blasting email to him citing his excuse of ignorance of the issue being absurd.  There was no way a competent trained buyer would touch this vehicle at auction as they inspect the cars they are interested in bidding on with a fine tooth comb.  Finally, I received an email late in the day from the General Manager, Mr. Huck.  He acknowledged some sort of responsibility saying he understood my dissatisfaction and that he intended to get it resolved in a manner that would be in my best interest.  He asked me to send him my proposed resolution and assured me that it would be handled expeditiously.  I replied to him that they had two other models of like type, they broke the law, put me in one of them and settle it or back the deal off.  He replied the next evening seeking further clarification as to what my first choice would be.  He said he wanted to be sure my first choice would be to cancel and walk away.  I found this hugely suspect.  Why would they not want to preserve the sale? 

I replied to him that I had offered resolution in repairs suiting my will but been given a runaround by Mr. Scurrilous who said he wanted to compare an estimate from my body shop to one of his body shop.  I had made an appointment with Medved Chevrolet in Wheat Ridge for that afternoon and indicated to Mr. Huck that I was going there to find out exactly what needed to be done to restore the vehicle to its factory condition from the hail damage.  I stated plainly that I was going to report the issue to the Dealer Board.  I heard nothing.

I took the car to Medved and the estimate is in the neighborhood of $3,000 to complete and/or correct the poor workmanship of the previous discount store going over.  I sent that to Mr. Huck the next day and again listed provisions of my retaining the vehicle while making clear that all of the documentation I had gathered was going to the dealer board.  I suggested he take a proactive approach to the matter.  I have since retained another estimate in the same neighborhood of repair costs.  I have found the drill holes in my door jambs as a result of their exposure to me by the estimators involved establishing the fraudulently suppressed repairs to mask the damage to my almost new vehicle.  I have heard nothing from these snake oil salesmen.

I have turned the complaint over to the dealer board along with a declination of a current claim from my insurance carrier saying that their conclusion is that the damage could not have been sustained since I added it to my policy based on storm data of the area.  The dealer still has two other models like mine on their lot and I am hearing nothing from them.  Beware of these predators.  If you have purchased a vehicle from them this summer I urge you to look it over with great scrutiny.  This is consumer fraud to the Nth degree.  I am including pictures of the drill holes from PDR repairs that are present on my vehicle.  Tom Martino!!!!!!!!!  I have a main scoop for your time slot on KDVR!!!!!!