Kelly Chevrolet / Car sold with mechanical issues not disclosed

1 600 Nutt Road, Phoenixville, PA, United States
Contact information:
Phone: 6109337707

I have been noticing a loud rubbing/grinding sound in the front of the vehicle on the left and the right hand side of the vehicle. As soon as I heard the grinding of the vehicle I took the vehicle into my mechanic and they advised me that the vehicle could not have been inspected properly to pass PA inspection for selling due to the following concerns:

The vehicle has the following issues:
Left and right side wheel bearings are not to spec and need replacing
The rear shocks are in need of replacing
The left and right brake pads, caliper and rotors are very thin and rubbing into the wheel bearings
The vehicle needs a tune up
Leak at the rim of the left front tire causing low tire pressure
Sunroof inop

These estimated repairs not including the sunroof are over $2000.00 to repair which is unacceptable when Kelly Chevrolet had to know about these repairs. Not to mention the fact that these repairs make the car unsafe to drive. I could have lost control of the vehicle and hit someone, severely injured myself or another party, killed someone or killed myself for that matter all because Kelly Chevrolet chose to be dishonest.

Based on line #3 of the Kelly Chevrolet "as is" vehicle disclosure if the vehicle is unable to pass inspection even if the current sticker is valid Kelly Chevrolet is responsible for the repairs.

I just spent $647.96 to repair the brake pads, calipers and rotors in the front to ensure for the moment that the vehicle is safe to drive back and forth to work. At this time based on the previous treatment by Kelly Chevrolet and the Sales team I cannot confidently believe anything that was told to me with regards to inspections and safety on this vehicle. When I originally left the deposit you advised me that the moonroof was frozen and that it would be repaired on 1/13/15 and I gave you all a list of what I needed repaired prior to taking delivery of the vehicle and you and your team agreed originally that it would be repaired however at delivery the moonroof was not and is still not in working condition. I then asked for you all to fix the roof however the sales management team (Paul and Steve) acted as if they knew nothing and you told me otherwise. I have been deceived and originally was going to repair the sunroof at your cost in the spring however after only three weeks of having the vehicle I have found that there are an array of mechanical issues wrong with this car that the dealer should and probably did know.

In addition to that the dealer made any promises, in writing and orally, about the good condition of the vehicle, and by law required to live up to them. Why? Because statements about a product that you rely on as part of deciding whether to purchase the product constitute an express warranty that the dealer breaches if the promise turns out to be a lie. This is true even if the seller had me sign a contract with an "as is" statement that disclaims all warranties, because an "as is" statement does not disclaim an express warranty if one is made.

I am almost sure that Kelly Chevrolet will testify that they had no way of knowing how long this car would last and that, for this very reason, the car was sold "as is" and then show the judge the written contract that not only contains the "as is" designation, but also "this written contract is the entire agreement between the parties and no oral statements or representations made by the dealer or any salesperson are part of the contract." Based on the timeliness of the break down of this vehicle no matter what the written contract said, there was a clear implication that you sold me a bad car. I made it clear that I wanted a safe car not a heap of junk and I should have been advised of the issues with this vehicle in which your dealership should have known and then I should have been given the option on whether or not I wanted to make this purchase. When the dealership knew that these repairs were needed during their inspection they could have informed me so that I should make a sound informed decision. The bottom line is that I was sold a lemon and this was a fraudulent deal.

Since Kelly Chevrolet did not properly disclose any known issues with the vehicle have have no other recourse but to take this to a higher authority. At this point I am looking for Kelly to reimburse me for the repairs completed as well as repair the other mechanically defective items listed above.

Feb 7, 2015

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