: GTPA Case (misrepresented car)



racecardude310
01-24-08, 06:52 AM
Well if any of you read my dost in the Eldo forum about RPM spike I mentioned that when I got home from Korea I found out the car I bought not only has some minor electrical issues, but it was a base model ESC rather than the ETC.

I am going to try and keep you guys updated on the case so that yall know if this happens to you.

Ok first I did all my research I even looked it up on carfax and it came up as an ETC, however my grandpa (who made the buy) did not. I came home with a head full of knowledge about the car, the CVRSS, rainsense, and the visual difference (body color grill as opposed to chrome color), and the ETC badge. Also I took the vin number and broke it down piece by piece and its deffinately the vin Y engine, and S rated tires (I "accidentaly" came upon the fuel shut off already and its like a brick wall compared to the acceleration).

With that in mind I went to the dealer and made them aware of the issue. I gave them 3 options, 1) A full 100% refund 2) Pay the full cash difference between the models that year 3) trade in my car at full price and get a car of similar price.

They opted for option 2... sort of. They offered me $500 however even if you do not include the $1000 price markup that carmax does on their cars, the difference in price according to KBB retail price is approximately $1300. I was not happy with the offer so I contacted one of my military friendly lawyer friends. He says I do have a right to get a full refund, so on friday I have a meeting with him to discuss what we are going to do.

After a chat over the phone, I think he is probably going to contact carmax first to try and scare them into an out of court settlement. HOWEVER if they say "f*** it sue us) then I will most likely take them to court because it may not be a large cash value but it is a very VERY cut and dry case, I have overwhelming evidence that it was misrepresented. If I win then they pay my lawyer fees anyway.

I will keep you updated, my meeting is Friday afternoon.

Ok opinions, ideas, comments, they are all welcomed.

-David

MauiV
01-24-08, 04:33 PM
Good luck. Carmax is evil anyway.

racecardude310
01-24-08, 06:09 PM
my impression of them was wrong i thought their price included quality and service, selling a mislabeled car? there is NO excuse whatsoever.

MauiV
01-24-08, 11:31 PM
Take a car TO Carmax for sell, then you'll see what thievin bastards they really are.

I had a Ford F150 Supercrew Lariet 4X4 that I was trying to avoid shipping to Maui when I moved. I swung by Carmax because this was on pretty short notice and wanted to see what they would offer. About $4500 below KBB trade in.

So for $1000 I shipped that monster to the Island to live on $4.25 87 octane for a few years (this was 2002, before $3.00 gas was the norm everywhere). But thats the price of doing business in Paradise.

racecardude310
01-25-08, 02:22 AM
thats rediculous, you and they have a thousand dollar markup. go figure... 4500 bellow kbb trade in.... wow... well guess they are not getting any more business from me...... ever.

Submariner409
01-25-08, 11:26 AM
Three years ago I came within a RCH of buying a nice '01 ETC from CARMAX in Laurel, MD. Drove it around a while, watched it go up on a lift. Very close to buying. The tech says "Hmmmmmm......I think this needs tie rod ends". I said that I would drive it again after the work, but no $$$ or signatures exchanged hands that day. Went home and began the Forums search (as a non-member, then) and the CARFAX/KBB/VIN drills. Found out the car had a questionable idle period in '03 for some unspecified cooling system "work", and that the Blue Book retail price was less than the CARMAX price for the identical car, regardless of what the window sticker said. Walked away from that one and later learned that the car had been sold at auction in Mannheim, PA with a "coolant leak". CARMAX has apparently invented, or perfected, some clever marketing schemes in order to sucker the public. Or, perhaps my experience was a one-time event...........

racecardude310
01-25-08, 12:17 PM
HAHA I'll go with sucker the public. Because after my grandmother's car was totaled they were dumb enough to go buy a 4 cyl from them. From what I noticed they hike up 4 cyl an INCREDIBLE amount. They think hey since it saves gas that they can charge a ridiculous amount.

The sat thing is Nisan Sentras (what they bought) are common and in many used car lots. I live near a large city and there is a LARGE selection of used car dealers. THEY BOUGHT FROM CARMAX. I even told them that they should buy from someone else. The reason I bought form carmax was this was the only Cadillac Eldorado in the area at the time, and what I THOUGHT was a high end car.

racecardude310
01-25-08, 08:03 PM
um its DTPA not GTPA...

met with the lawyer and i am a bit frustrated, hes going to work this case for me.

I may not get much out of this but its the principle

racecardude310
01-28-08, 12:25 PM
ok this wont be updated for a while, its really just the waiting period.

Playdrv4me
01-28-08, 07:15 PM
Three years ago I came within a RCH of buying a nice '01 ETC from CARMAX in Laurel, MD. Drove it around a while, watched it go up on a lift. Very close to buying. The tech says "Hmmmmmm......I think this needs tie rod ends". I said that I would drive it again after the work, but no $$$ or signatures exchanged hands that day. Went home and began the Forums search (as a non-member, then) and the CARFAX/KBB/VIN drills. Found out the car had a questionable idle period in '03 for some unspecified cooling system "work", and that the Blue Book retail price was less than the CARMAX price for the identical car, regardless of what the window sticker said. Walked away from that one and later learned that the car had been sold at auction in Mannheim, PA with a "coolant leak". CARMAX has apparently invented, or perfected, some clever marketing schemes in order to sucker the public. Or, perhaps my experience was a one-time event...........

So chalk up another 2001 with a failed headgasket, as I've said before, they aren't that uncommon.

Anyhow, I'll go ahead and take the opposing view here and say that from everything I've ever observed, Carmax is a pretty straight-forward operation most of the time. Sure, they are overpriced but things will only sell at a price someone is willing to pay, and so far their cars are selling.

Carmax's buying standards are actually very high. Especially when concerning buyer trades, the vast majority of them never make it to the front lot. They are sold through Carmax Auctions or occasionally at select ValuMax stores throughout the country where available. The other few percent are sold on the main lot along with Carmax's package of benefits and warranty coverages. While the above case of a misrepresented vehicle is truly unusual, I CAN tell you that if you purchase any vehicle at Carmax with significant undisclosed damage, they will without a doubt take it back. In fact, they will not LET YOU drive the car back home if this occurs because of the liability to them.

As far as what they offer for a vehicle, well that's pretty simple. Any dealer who is willing to purchase a vehicle without you buying one of theirs is obviously going to need to make up that lost profit somewhere, and I challenge you to find me one that would have given you anymore than Carmax for that truck. They do this by lowballing potential buys enough that they will practically guarantee a profit when they auction the car or sell it. Most of the people who bring in cars they want to sell outright also typically have cars that are high in miles, old, or in general wouldn't qualify to be main lot sellers anyway, making them even less desirable to pay top dollar for. Carmax has a 500.00 margin on anything they buy. In other words, if anything you purchase does not sell for at least 500.00 OVER what you paid for it, there's trouble, making it difficult to not lowball potential trades. I recently applied for a buyer in training position with them (that I probably won't get) and it's something I'd love to be involved in.

Another thing with Carmax is they dont typically hire "industry insiders", i.e. former car dealership owners, employees or finance personnel because of the fact that Carmax has such strict standards for it's financing and vehicle inventory, that isn't cohesive with the way most car outfits are operated.

So yea, you'll certainly get your share of duds at Carmax like anywhere else, but they do actually go out of their way to at least try and maintain a better atmosphere than most run of the mill lots.

In the case of your Eldorado, you without a doubt have a valid and legitimate case of having something sold to you which was not as represented. You will jump through a shitload of hoops, but eventually I think you'll get a decent settlement out of them.

racecardude310
01-29-08, 01:39 AM
Until the last 2 lines I really thought you missed the point but yes, you are right in what you say. They tend to sell used cars in almost new condition quality and I have no problem with that. My problem is how do they get such a LARGE detail wrong.

And yes I also have full faith in the attorney I hired.