Toyota Arlington in Arlington IL / deceptive acts and false advertisement
TRANSACTION AND COMPLAINT SUMMARY:
My transaction with Arlington Toyota occurred on Aug 31, 2010 when I bought a 2004 BMW X5, with an odometer reading of 61, 102, from their dealership in Palatine, IL. My complaint is about their unfair and deceptive business practices as well as false advertisement.
Available uppon request: Email from mossberger the online employee at Arlington Toyota as well as the online posting/advertisement
Arlington Toyota’s advertisement states that every single pre-owned vehicle is backed with a warranty. Their advertisement is false. From my experience having bought a car there, this is just an advertising scam written to bring people in. Having responded to their ad, I specifically asked Jeff, one of the managers, about the warranty. He stated that the car has no warranty and it comes ‘as-is’. By ‘as-is, ’ both verbally and via email, what they meant was ‘as-is’ on a car that was safe and in great condition. Believing what they said, I bought the car on August 31st, 2010; it is a 2004 BMW X5 with 61, 102 miles.
Less than two months later, I discovered that it had serious engine issues and that it will cost about $15, 000 to replace. The BMW dealership where I took the vehicle, after being concerned about strange noise, made me aware of this. BMW service manager, Doug, shared that BMW engines are strong and he was surprised that an engine at 64100 miles suffers from these issues. In addition, Doug looked up this car’s history and he informed me that this car was under a 5 year manufacture warranty with free regular maintenance, which meant that changing oil was for free for the duration of the warranty. The last time the car was in for free regular maintenance is in 2006 while the free regular maintenance was in effect until 2009. Basing my conclusion on Doug’s words, I conclude that the car was not well kept and maintained like Miss Mossberger informed me, contrary to what the Arlington Toyota Dealership is claiming. Who would pay for an oil change at a random shop when he/she can get free oil change from the dealer? Would Toyota Arlington have known that? I believe they would have and they actually did, but they used a deceptive phrases and assurances to convince me that the car was in a great condition “great condition, ” “well kept” “maintained”.
Either the car never got the so-called rigorous mechanical and safety inspection or when it did it did not pass and they made me believe that it did.
Immediately after having signed the paperwork I began to doubt their ethics. While still on Arlington Toyota’s property I discovered that the back seat seatbelts did not work. I found out when trying to strap in my four month old baby in her car seat. When I brought this to the attention of Ziad, the sales rep, his manager instructed him not to fix it since the car was sold ‘as-is’ and it is not their responsibility anymore. That incident showed that the car was not safe; it will be a risk on my 4 month old baby.
Something else to consider but that I can not prove is the condition of the oil, which the dealership stated it changed but it did not. On a routine check, while the car was at 61, 500 miles, I discovered that the oil extremely dark and dirty. Through this I discovered that the dealership did not change all fluids like they stated. I can not prove that because I chanced the oil myself. I wanted to get it analyzed, but it was brought to my attention that if a certified shop changed the oil and sent a sample to lab that will be more acceptable legally. Something that I can prove is that the oil cap has a ton of residue on it from the dirt of the oil. A BMW 318 with 200, 000 miles odometer reading that my brother owns and maintains regularly had a way cleaner cap. Compare 61, 102 miles car to a 200, 000 miles car.
Additionally, the advertisement stated that the car was supposed to come with a rear entertainment system with DVD but it did not – it only came with the monitors
When I noticed these couple of issues I started to dig deeper into the condition of the car and compare it to the advertisement. It was then that I found out that there is a lot more. Ultimately, they sold me a car with a different condition and less-equipped than the car advertised.
The car has clearly been in an accident which I failed to see or notice, but several people have noticed the way the car has been fixed and when it was brought to my attention I was shocked, and I am sure having certified technicians and personnel makes Toyota Arlington very capable of noticing what regular people have noticed. Toyota Arlington did not share that even though I specifically asked about that. It is available at any time for a 3rd party body inspection, which again I was misinformed by the e mail communication as well as the posting.
Right now I have a $19, 100 loan for a car that needs a $15, 000 to run.
I have filed a complaint against Toyota Arlington through the Better Business Bureau (BBB) and the specialist closed the case with a ‘resolved status;’ the specialist closed the case because I signed the ‘AS IS’ paper work. It seems like the BBB agent forgot that I am not complaining about the fact that I signed the ‘as-is’ paper work. I don’t mind an ‘as- is’ car as long as the seller discloses everything and is honest. At least I know what to expect and what I am getting myself into. But who in full mental health buys a $20, 000 car that needs a $15, 000 engine unless he/she is either mentally challenged or has been misled and deceived into purchasing it? If they don’t want to give the warranty that their advertisement mentioned then at least they must be honest and disclose everything to buyer. I was not provided with any maintenance history report, or the rigorous mechanical and safety inspection report, or the car fax of the car or any information what so ever. Toyota Arlington did not show any good ethical business practices; they led me to believe their ad and words and sold me a car that does not match their descriptions; and in addition, eliminating the warranty from the sale.
Arlington Toyota claimed that they offered me a service contract that I declined. This claim is not true and unethical, after believing their assurances they only asked me to sign an ‘as-is’ ‘no warranty’ in addition to some registration paperwork.
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