Autonation BMWsales

J Sep 03, 2018

5684 El Caro Ct
Las Vegas, NV 89122
We bought a used loaner BMW X3 vehicle Saturday night and tried to return it on Monday morning because we found some serious issues with this car that my wife could not live with. We had been informed numerous times that a used loaner vehicle could be taken home for five days with only limitations on the number of miles driven. Since we only drove it home and back to the dealership we expected to be able to return the vehicle. We would like you to address this issue with us and the manager of the dealership. His name is Michae W. King.

Upon returning the car, Mr. Eric Hunsker would not allow us to return the vehicle was because you can only do a return on once a year according to the return policy. We were never made aware of this, and in fact, had been told by 2 people involved in the sale that we could return this particular BMW X3 because it was considered a used loaner car with over 4, 000 miles.

We had recently made a purchase of a 2017 Lexus RX350 4 wheel drive, from your Henderson BMW the previous week, but it had an odor that was offensive. Thanks to your 5 day return policy we returned the car. The office offered to have the car cleaned with a special process. I said no I am the type once I've experienced a nauseous smell it is difficult to get past. The car was recently shampooed before we took it home, but the next day after sitting in our garage I thought the smell was worse. While returning the car sales person suggested another 4 wheel drive care a BMW X3. Drove the car liked it but went to look at other cars in other dealerships. We returned to possibly purchase the car but it was sold.

There was however and black loaner X3 with 4700 miles available, my wife was having difficulty making this purchase she not sure she liked all the electronic features. We finally decide to purchase the car and put 20K down on the car, only because we were told by the finance officer and the sales rep that we had 5 days to return the car if we weren't satisfied because it was a loaner.
We signed this agreement along with all the others docs and took the car home. Next day was Sunday Dealership was closed in Nevada.

We returned today, Monday, explaining the car is not suitable for my wife to drive she is overwhelmed by all the features. I was told, "this is your car why did you buy if you intended to return it". Quote from Erick Hunsaker the sales manager. I told him we would not put $20, 000.00 down on a car you expect to return the next day. We were told that we had 5 days and given the sheet to sign, which we did. Not until today did we know that we only could return one car per year. Michael W. King informed us that we should have read the form before signing. This statement is on the back side of the 5-day return which, we did not know was on the back in a long paragraph with very small print. He pointed it out to us today when we tried to return the car. Again, why were we given a form with this information on the back and told that we could bring it back in 5 days (with the mileage limitation). Since Mr. Hunsaker was very well informed of this limitation we should have never been given this form and told verbally by two employees that we COULD bring it back.

When I returned this morning Eric Hunsaker quickly told me this is your car this is the second car you have returned and company policy only allows 1 return per year.

Problem 1: If he was so aware the moment I came through the door of this policy Why was I given the 5-day return form to sign. Why were two members of his staff informing us that we COULD return the car because it was a loaner/used vehicle? The form informing us that we could return it shouldn't even be in the package and not offered to us. Or at the very least they should have informed us that it was invalid because it was the 2nd return in a years time.
Problem 2: Even though the sales rep made the verbal offer of 5 day return policy knowing that we had just returned the other car and the finance person who gave us the paper was not aware and also made the offer, Michael W. King insists it is our responsibility to know what we are signing. But it is YOUR responsibility to never make verbal promises that are not correct and are invalidated by a form in small print in a massive paragraph on the back of the paper you sign on the front while being told that it will be ok to return the car.
Problem 3: I think the first car should not be considered a return anyway but be considered defective because of the noxious odor.

Again if they are so aware that this is my second return why wasn't the finance person informed when we were making the sale and not give us the 5-day return form to sign. Why did the sales rep make the claim to me while I was test driving the car that it too would have the 5 day return policy because it was a loan vehicle that is being sold as used. Michael W. King says this is our responsibility to read what we sign and I agree. But it appears to us that his alertness was focused on our $20, 000.00 down payment we made. His level of attention to the process of his sale should also be to inform the finance person this is the second car for these people so the form should not be available for signature. This appears to be a case of bait and switch which is not legal. I would suggest this be addressed to Mr. King since he informed us that he has had two years of legal schooling at Harvard.

We would still like to return the car immediately so kindly let us know your decision in this matter.

William E. Wilson, Jr.

  • Updated by jr42 · Sep 03, 2018

    Not sure if original was received.

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