Automobile purchased did not pass emissions as required by Colorado law and was not repaired in a timely fashion
Dear Econo Auto Sales,
After waiting patiently to have the 2001 Honda Accord EX repaired to pass emissions, I have no choice but to demand my $500.00 down payment and the transaction voided immediately.
Even though I signed the contract on February 28, 2013, I did not take possession of the vehicle until March 2 due to a faulty fuse that controlled the driver seat that was fixed by your organization. At the time of the signing of the contracts, I also requested that the noise the vehicle was making on the front driver and passenger side be repaired also, which I was told to make arrangement to have it scheduled for maintenance by March 7, 2013. The salesman, ********* **** stated he thought it could possibly be the "strut mounts".
In the meantime, as required in the appropriate time frame, I had the vehicle in question, tested for emissions on March 4, 2013 at approximately 5:15 PM. As you know, the vehicle failed. I brought the vehicle back to the dealership on March 5, 2013 at 9AM as required by Colorado statue by tow at my expense to have these issues taken care of.
According to your dealership, the struts and the strut mounts have been repaired but I have been told that the repair shop has been waiting for the "proper" catalytic converter for the vehicle to possibly fix the emission issues.
It now has been 11 days since I brought the vehicle back and I cannot wait any longer. The only reason why I purchased a vehicle from your organization was that I was told I could drive off with the vehicle "immediately" and make partial down payments every two weeks. Since I do not have a vehicle in my possession, I have no choice but to purchase another vehicle that I can immediately have possession of.
I expect that my 500.00 will be refunded immediately and sent to my address on record.
The above letter was written on March 16, 2013 and mailed that day. According to the postal service, the letter was delivered to Econo Auto on Monday March 18, 2013.
I did not hear from the dealership until Friday March 22, 2013 when the salesperson, ************** called me to state the Honda was going to be ready later that day.
I then proceeded to inform him I wrote a letter to the owner a few days before demanding my down payment of 500.00 returned to me and the contract voided.
As stated, the vehicle did not pass emissions and was not repaired in a timely manner. According to Colorado statues, the vehicle is to repaired and tested within 10 calendar days after the initial failure, which occurred on March 4th.
I respectfully request that I have my 500.00 refunded.
500.00 refund and the transaction voided
Business' Initial Response
Thank you for contacting Econo Auto Sales regarding this matter. Econo auto Sales value every customer compliant and purchase.
Mrs. ***** asked to us at the time of purcahse few item to be look at.
Driver seat was one of the items, which got look at and brought to the condition Mrs. ***** was requested.
The car was brouht to us for failing emision on 03-05-2013. The car was sent to repair shop to be fix .
The parts for emision was order and had to be ship to colorado. The customer were inform about the isue and sujeted to us to keep the car till the repair for emission is done .The car was brought to us after the repair with certifacate of emission on 03-22-2013.
Even though Customer fail on the done payment ( pick Payment), we still give a chance to customer to bring the payment current and pick the car up.
Customer refuse to bring the payment current and did not pick the car up, in result the contract was voided.
We are very sorry that customer has fialed on the done payment, we would be happy to offfer $500.00 off of any of our used cars for next 30 days.
Please feel free to call us if we can be any help.
Econo Auto Sales
Consumer's Final Response
(The consumer indicated he/she DID NOT accept the response from the business.)
In reference to the emissions, I was told the part had to be ordered on March 8, 2013 at approximately 12:15 pm (according to my phone records) and told them to keep the vehicle until it was fixed after the sales broker told me it would be a "couple of days". The only REASON I told them to keep the car was that I wanted to make sure that I complied with the Colorado statue in regards to the emission problem and that the dealership could not come back on me and state it was "my fault"
However, not only is the respondent not stating they told me it was only going to take a "couple of days" but furthermore the respondent is not stating they called me and told me the mechanic ordered the wrong part. Ordering the wrong part is NOT MY PROBLEM and I still did not have a vehicle to DRIVE!
A week had gone by after this phone call and I still had NO STATUS ON MY VEHICLE. When I had not heard from the dealership by the morning of March 16, 2013 regarding the vehicle (which was 10 days after the vehicle failed emissions), I had no choice but to demand my 500.00 back and purchase another vehicle. That letter was written on March 16 and received by the dealership on March 18 according to postal records.
I did not hear from the dealership AGAIN until 03/22/13 when I did refuse to pick up the car because the emissions repairs were not done and retested within 10 days as stated by statue.
As stated, in my original letter, the ONLY REASON I bought a car from this place was because I could DRIVE IT IMMEDIATELY not for it to take from March 5 at 9AM until March 22 at 11AM when they called me to let me know it was finished which I find unacceptable. I find it hard to believe that it would take this LONG to repair an emission problem.
I do have phone records to prove that NO ONE from the dealership attempted to contact me on the status of the vehicle for those 2 weeks in question
The only acceptable resolution would be my 500.00 refunded IMMEDIATELY. I have already purchased another vehicle so I will not accept their counteroffer of choosing another vehicle from their dealership.
As you already know, I have filed a complaint to the State of Colorado Department of Revenue. If this is not resolved to my satisfaction, I will also file a complaint to the dealership board.
Sincerely, *******. *****