ComplaintsforDavid Rice Auto Sales, LLC

• Initial Complaint

  04/27/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  On 3/7 I responded to an email from the dealership by requesting info about the condition of the undercarriage of the vehicle I was interested in as far as any rust. In response, I was called via FaceTime and was shown the body and interior of the car, but not the undercarriage.After asking about rust several times and each time getting a response saying that the condition was fine or No response at all, I ordered a 3rd party inspection from the Lemon Squad, which came back as "Minor surface rust". After this I agreed to purchase the vehicle and have it shipped to me in ***********, **. They received the check 3/21. After some delay, the car arrived on 4/4. Even before it was unloaded I noticed deep rust on the underside. On closer inspection there is severe rust causing perforation of the frame, pieces of sheet metal that are broken off or cracked through, nuts that are permanently fused. In addition there is a large crack in the exhaust manifold and the u-joints are extremely dry and also have rust. After contacting the dealership by email letting them know of the situation, They said I purchased the car as is and refuse to return the purchase price. I contend that I purchased the car as they told me it was, under false pretenses, which was not the reality. Therefore the contract is null and void. According to a local *********** certified ****** inspector/mechanic, the car is unsafe to drive and would not pass inspection or be eligible for registration due to its condition. The dealership was aware that I intended to purchase a car to drive up to Alaska, a drive that is not easy on any vehicle. I wonder if they bribed the inspector to give a false report. As a result of the car's poor condition, I was forced to search for and purchase another vehicle to take to Alaska, forcing me to postpone my departure (and my arrival up there), thereby postponing my start date for my summer job. This has cost me a lot of money as well as lost income.

  

  Business response

  04/29/2022

  Hello *****, 

   

             We are reaching out in regard to complaint ********. The **** ****** Highlander was inspected by our mechanics before we put the vehicle on our lot. When she had reached out to us inquiring about the vehicle, we had posted over 20 photos on our website for her viewing. Along with that, We used facetime to give her more details and to physically show the vehicle to the best of  our ability. knowing she couldn't fly to Michigan, We showed everything from under the hood to the under carriage. From there she insisted on hiring a 3rd party inspector in which we highly encouraged her to do, as she was purchasing the vehicle from another state and was unable to see and touch the vehicle. We never received a report that was given to her from the lemon squad(third party inspector). However, based on the information she was given by the third party, she went ahead and moved forward with her purchase. As for the accusation on paying off the third party to write an approving report, that would not only be  illegal, but is unethical and unprofessional and we do not condone that kind of activity at any level. As you can see in convo2, ****** was extremely happy with the vehicle when she received it and even at high speeds the vehicle was performing to her full satisfaction. With all said, she had the vehicle inspected twice, had a thorough facetime video and decided to move forward with the out of state purchase. We are more than happy to take the vehicle back in as trade and try to get her into something else if she is not satisfied with her purchase. 

  Customer response

  05/05/2022

   
  Complaint: 17116336
  
  I am rejecting this response because: 

  Complaint: 17116336
  
  I am REJECTING this response because:

  
  The dealership did provide over ************** the listing of the car - which is a Land Cruiser and not a Highlander - but not a single one was of any part of the underside. If the listing is no longer online, I do have screenshots of it where you can see all the pictures.

  
  I repeatedly asked about the rust situation and also asked several times to see the inspection that their own mechanic did prior to putting the car up for sale. I did not ever see that inspection.

  
  In response to asking about the rust, rather than receiving a text or email at any time I was called via FaceTime. During the FaceTime call, which was in broad daylight of mid afternoon, I was shown the body and the interior of the car and the hood was opened. I was not shown, nor would I have been able to see, the undercarriage of the vehicle during that call without the car being placed on a lift. The poor lighting underneath and bright sun outside would not have enabled me to see anything otherwise.

  
  I elected to get a third party inspection since I was not getting answers from the dealership. Based on the third party inspection report (which I now know is questionable) I did decide to purchase the vehicle. Once the vehicle arrived, because I was about to leave on a difficult ***** mile trip, I took it to a local certified mechanic to perform any needed maintenance. It was placed on a lift and that's when the unreported problems (severe perforating frame rust, a crack in the exhaust manifold, questionable motor mounts, etc) were found. I immediately called the dealership and asked that the manager talk to the mechanic, but he never came to the phone or returned the call. The Toyota mechanic was very concerned that due to disintegration of the floor of the vehicle towards the back of the cargo area, that toxic carbon monoxide would be able to penetrate into the cabin of the vehicle. He was also concerned about the state of the u-joints which are extremely dry and also rusted, at risk of breaking if put under stress. Therefore it is not safe to drive for multiple reasons. 

  
  

  I still had to find a vehicle that would be safe to drive to Alaska but at the time the dealership did not offer to exchange the car. Therefore I had to buy a different vehicle which I then drove to Alaska. The Land Cruiser in question would likely not have survived the long drive due to the poor condition of the vehicle chassis and the poor condition of the roads. 

  
  

  I request that my money be refunded and the car either returned to the dealer (at their expense) or else be relinquished.

  
  

  I have attached screenshots and pictures. They show that I requested information several times. Also more pictures of the severe rust.

  
  Sincerely,
  
  

  *******************************

  
  

  
  

  
  

  

  
  

  
  
  Sincerely,
  
  *******************************

  

  Business response

  05/05/2022

  As this customer states in her letter she hired an independent inspection company and relied on there inspection before she purchased this Land Cruiser. If she has a problem with the inspection then her complaint is with her inspection company and David Rice Auto Sales made it clear that we were selling the Land Cruiser as is with no warranty. We have a signed as is agreement on this vehicle from this customer stating that this unit due to it's age and miles was being sold as is  

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