Complaint Category: Sales presentation misrepresented the product
Complaint: Sohail Auto Brokers knowingly sold me a SALVAGE branded vehicle without revealing the vehicle's branded title.
I purchased a 2008 Honda Civic EX 07/02/2012 from Sohail Brokers. April 2014 I attempted to trade the car in to another dealer. The dealer would not take the car for trade-in because it has a salvage title. That dealer provided me with NMVTIS report on the 2008 Honda Civic. It clearly reveals the vehicle in question is a salvage vehicle from *******. When I confronted Sohail Brokers in this regard he showed me a "clean title report"an old report from before Farmers Insurance sold the vehicle to IAA Auto Salvage. Sohail Brokers continues to maintain the vehicle has a clean title report. He has offered to buy the vehicle back but has yet to make good on resolution even after personal visit to his business and several phone calls. I have documentation to prove the vehicle is a salvage car from *******. He is required by Calif. Law to declare salvage when selling a salvage vehicle. He continues to maintain that my information is incorrect while verbally contending he will make good on my loss, which he has still failed to follow through on. I do intend to pursue legal remedies and report him to every state agency with jurisdiction.
Initial Business Response
Contact Name and Title: Sohail Auto Brokers
Contact Phone: XXX-XXX-XXXX
Contact Email: **********@gmail.com
Re: Case # 57287946: ***** ***
Thanks for contacting us and bringing her complain to our attention;
We bought the 2008 Honda Civic VIN # 1HGFAXXXXXLXXXXXX on June-XX-XXXXX from Insurance Auto Auction (IAA *******) which was listed as Theft recovery and Clean Title; IAA issued and released Title to me "Sohail Auto Bro" as clean Title. DMV Registration and the Title was issued to Mrs. *** shows clean Title.
When we sold the car to Mrs. *** disclosing this car is Theft Recovery, but clean title as it appeared on all IAA/DMV records. Mrs. *** signed the copy of this discloser (Theft Recovery). Mrs. *** took Loan from Chase Bank. As you are well aware the Banks will never finance Salvage Cars, they do not rely on DMV registration only, they check the VIN #.
I am in this business for very long time and being Member of BBB, I would never jeopardize my business with any falsification; I run this family business based on referrals and Customer satisfaction come before anything else for me.
I explained to Mrs. *** when she came to my office, the documents I have obtained from IAA/DMV all shows Clean Title and will be more than ***** to assist and take the car back. I am standing by my promise and would settle this to the best interest of Mrs. ***. I am waiting for Mrs. *** to give me the payoff information.
Attached are copies of all documents revealing this car is clean title and was sold as Theft recover which Mrs. *** signed to acknowledge. NMVTIS history which I will take the matter with IAA (I believe this is just clerical error not updating history to bear clean title).
Initial Consumer Rebuttal
(The consumer indicated he/she DID NOT accept the response from the business.)
I dispute every explanation in Sohail rebuttal to my complaint. He never revealed to me the vehicle was a"Theft Recovery" much less a SALVAGE car he bought from IAA Salvage Co. None of this was disclosed to me. I learned of the "Total Loss Salvage" title of this vehicle when I attempted to trade it in. The trade-in dealer provided me with NMVTIS multi state report detailing the history of this car. Sohail was required by California Law to provide me with the same report, which he did not. When I questioned him as to why I never recveived the NMVTIS report Sohail response was "that is not required unless the customer asked for it." He is in the car resale business. Ignorance of the law is no excuse. Further, when questioned as to why the vehicle was not clearly marked with "Salvae" sticker, as required by Calif. Law he insisted that is not required of him. Calif. Law is quite clear in re-sale responsibility of salvage cars. Sohail knew what he was doing and intentionally disregarded fair sale practice in selling this vehicle. I started with the information provided on the NMVTIS report; I talked with Farmers Insurance who sold the vehicle to IAA Salvage as "Total Loss" in April 2012. Sohail purchased the car from IAA Salvage in June 2012knowing he was purchasing a "SALVAGE" TITLE vehicle. I bought the car from Sohail July 2, 2012.
When I had gathered all information pertaining to the history of this branded title I went to Sohail Auto Brokers with my information and demand for fair, legal resolution. Sohail was adamant "We are friends, the vehicle is clean title, I do not sell Salvage cars". He continued to insist the vehicle was clean titleeven pulled up clean title record on his computerfrom BEFORE Farmers Insurance sold the car to IAA Salvage. He refused to give me a copy of the old title he was trying to pass off as current. Many times thereafter called Sohail s hoping resolution could be reached. Each time he put me off because he "needed time to go back through old records." In the meantime I did further research into my legal remedies and specific laws governing sale of salvage cars in California. I called Sohail in further attempt to instill in him my determination to take whatever legal avenues necessary for fair resolution up to and including punitive damages. He continues to insist the car has clean title but now willing to buy the car back from me. He has yet to make attempt to pay the vehicle off through Chase Bank as he told me he would do. I contacted Chase Bank in regards to the loan on this vehicle to report the fraud he perpetuated on them at the time of purchase. Sohail knew Chase does not finance salvage vehicles. I have checked several times with Chase Bank for status on his stated intent to pay off the vehicle for starters in resolution. Chase Bank informs me Sohail did in fact call them with inquiry but did not pay off the existing loan as he said he would. Chase Bank informed me Sohail called asking for copy of the Calif. Title they hold. I asked if Sohail could pay the vehicle off in first step to resolution. Chase Bank said YES h but choose not tohe was interested only in obtaining copy of title. Further contact with Sohail was more of the same "Chase Bank can prove this car is clean title, but you and I are friends so I will buy the car back from you." Sohail's first offer to me was payment for "What the other dealer would pay in trade in value". I refused. Sohail now contends he will pay purchase price of car AND make me happy". Sohail is untrustworthy, refuses to take responsibility for intentional fraudulent business practice and has stalled at every opportunity to settle this matter in a fair, expedient manner. I have requested supporting documentation from Chase Bank as I do not trust Sohail. When I receive the requested documents from Chase Bank out of Texas I will make final demand to Sohaail Auto Brokers. Total disregard for the laws pertaining to this kind of business behavior cannot be tolerated and I will stop at nothing short of total accountability, restitution and punitive damages for the fraud perpetuated against me. The State of California has the strongest laws in the Nation regarding the sale of Salvage vehicles. I intend to use every legal resource available to reach resolution. Sohail is not above the law and his claims of "honest paper mistake" are unfounded.
Finally, it took a few hours one afternoon to purchase this car from Sohail, it should not take months to get fair resolution. His stall tactics are despicable. Sohail will have one final damand for damages once I receive Chase Bank documents.
If necessary, I will then proceed to formal legal action for recovery if Sohail further refuses to act in good faith for resolution.
Please contact me as necessary in this regard.
I anticipate the Chase documents and necessary accounting to be completed and submitted to Sohail Auto Brokers by 05/20/2014.
Final Business Response
With reference to my previous detailed explanation in regard to this case, we came to conclusion and settlement. With satisfaction of both parties matter closed and both parties satisfied.I here would like to take the opportunity to Thank you for your coordination.
Final Consumer Response
After more phone rhetoric from Sohail Auto Brokers, ANOTHER meeting was arranged so I drove AGAIN TO Newark from ******* on 05/23/2014. Wasted trip; ***** ******* continues to insist he has limited/no liability and all is nothing more than a "paper mistake". His interest in the meeting was to pay off the existing loan @ Chase Bank because he knows they are aware he fraudulently processed the loan through them. He repeats "I will make you happy also and buy the car from you" but offers no real compensation for my loss.
He has no financial figures, questions mine and instead of honest dialog he repeatedly reminds me "I am a small family business, upstanding in my community and I did nothing wrong". Wow. I have honestly tried to remedy the fraud committed upon me by ***** ******* of Sohail Auto Brokers with dismal results. I believe I have no choice but to move forward and pull the legal triggers available to me for resolution. I will not accompany ***** Saddiqi to Chase Bank for loan pay-off until such time he finds settlement with me for my loss. I do not trust Sohail Auto Brokers given his track record and will retain ownership of the vehicle until resolution as that is my only collateral given his position on responsibility for this mess. I will provided proof this vehicle is in fact Branded SALVAGE if needed for your records.
Complaint Resolution: BBB determined that despite the company's reasonable effort to address complaint issues, the consumer remained dissatisfied.