• Report: #5680

Complaint Review: Bertel Auto Brokers

  • Submitted: Mon, July 09, 2001
  • Updated: Mon, June 09, 2003

  • Reported By:Boston MA
Bertel Auto Brokers
10 Hye Rd Edgartown, Massachusetts U.S.A.

Bertel Auto Brokers and Toyota Financial services fraudulently sell unsafe cars *Attorney REBUTTAL *EDitor's Comment

*Consumer Comment: Response to Lawyer

*Consumer Suggestion: Sludge problem in Toyota engines

*0: EDitor's Comment ... bull-shitted the court and won

*0: EDitor's Comment ... bull-shitted the court and won

*0: EDitor's Comment ... bull-shitted the court and won

*0: EDitor's Comment ... bull-shitted the court and won

*Consumer Comment: ..Attorney says, report filed against Bertel Auto inaccuracies and misrepresentations

*0: Small claims bound with Bertel Auto Brokers

*0: Bertel Auto brokers and Toyota Financial services

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We purchased a 1997 Toyota Camry V6 LE from Bertel Auto Brokers of Edgartown, MA. However we completed all our transactions and pickup of the car from the dealer's private home in Sharon, MA. We received a 90 day warranty per MA law by Mr. Ken Efron brother of the owner of Bertel although we did not receive a written or verbal notice of the implied warranty.

We knew that the car had been a previous private lease thru Toyota Financial Services and then sold at auction in New England. We paid $12,900 in check and cash. Two mechanics inspected the vehicle and found it in good condition. The engine ran smooth but the valve covers were not taken off for inspection. The car initially drove well but when we took the car on a long trip to Vermont we began experiencing problems.

On March 9th while driving the turnpike to Vermont, the check engine light came on. We stopped and checked the manual. It said it could be either a loose gas cap or to bring it to a dealer. We thought is was bad gas and filled the tank up with hi-test. The oil was a little low so a half quart was added. The following Sunday (3/11/01) on the way back we could feel the engine stuttering and running rough.

As soon as we returened home we called and set up an appt. with our mechanic for March 13, 2001. Our mechanic came back with disturbing news. Two cyclinders were way below compression and the plugs were fouling. Under the impression that the car was covered under Toyot's 60,000 mile drive train warranty ,we called Toyota of USA. They referred us to a local dealership (Clair Toyota) who inspected the car. Their diagnosis was that the engine was seriously sludged up and that this condition voided any warranty by Toyota. The dealership gave a cost estimate of $8,500 plus tax for replacement of the engine. At this point we contacted Mr. Ken Efron and told him the results. He referred us to two other dealerships which he claimed he had connections but the results were the same, the sludge voided any warranty work.

We found a company that installed remanufactured engines for under $3,000. The other dealerships had estimates of $5,500 and $4,4000. We contacted Mr. Efron again and asked if Bertel would share in the costs of replacing the engine at the lowest price. Mr. Efron declined claiming his brother would not approve.

We then sent a 30 day demand letter asking for the replacement of the engine at the original estimate of $8,500 and related costs of not using the car to over $10,000 based under the implied warranty of merchantibility law.

Bertels response was to have their attorney send us a letter denying all liability and responsibility. Bertel offered to replace our engine for $2,500 at our cost. We refused. While this was going on we were waging a battle with Toyota of USA who totally denied us any claim to warranty even though they had leased the car out and claimed it was returned in good condition. Toyota did not respond to our query as to why this car was not sold as a Certified Used Vehicle but dumped at an auction.

The car now sits and is rarely used because we have been told by the dealerships that the engine might seize up and that would be dangerous if driving at high speeds such as the turnpike or highway.

This report was posted on Ripoff Report on 07/09/2001 12:00 AM and is a permanent record located here: http://www.ripoffreport.com/r/Bertel-Auto-Brokers/Edgartown-Massachusetts-02539/Bertel-Auto-Brokers-and-Toyota-Financial-services-fraudulently-sell-unsafe-cars-Attorney-5680. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 9Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Response to Lawyer

AUTHOR: Ed - (U.S.A.)

We are party involved with Bertel and would like to clarify the lawyers rebuttal.
First of all, we did get reimbursed by Toyota for the used engine we had installed to replace the sludged. Toyota after numerous complaints acknowledged there might be some "oil gellng issues" and offered a one year grace period for owners to submit their complaint and show they had at least one oil change. Toyota got off cheap with us since we didn't buy a new engine.
Now to get to Ms. Pamela's assertion we were treated well and had no case, she omitted some facts. 1. When we went to small claims court,the defendants (Bertel) were 20 minutes late. Normally this would have been sufficient for dismissal but Ms. Pamela being the efficient attorney, conuterfiled a abuse of process calim. As a result the court set aside the claim and allowed more time for Bertel to show up. In Massachusetts small claims you can have a lawyer but you have to show up also, both plaintiff and defendant. Ms. Pamala was the only one who showed up. The judge was not happy and offered us the right to reschedule a new date. We could have done this and caused bertel to pay Ms. Pamela to accrue more fees but we declined. We did not file under the 90 day lemon law of our state as we were two days over the 90 days but we filed under the Mass General Law, chapter 93A: The sale of a useless and worthless product that was in effect an unfair act in the practice of trade and commmerce. However due to my mistake I did not write it on the actual paperwork and so when we tried to state our claim under that law it was rejected. Ms. Pamela then stated the 90 day expiration date and the judge felt compelled to rule based on it. It didn't help us they the judge had no idea what sludge was and we assumed (big mistake) that it was common knowledge and didn't have any definitions of sludge with us.

So that somes up our side except for one more occurrance. Bertel's owner meanwhile had lost his license over his selling vehicles offsite so filed a small claims case himself (Ms. Pamela must of been getting expensive)for abuse of process and lawyers fees. We traveled to Marthas Vineyard to small claims again. This time this judge knew about sludge and we had a copy of the previous abuse of process claim by Ms. Pamela which was denied. Bertel was upset because Toyota had paid for our engine and he ahd paid a lawyer (go figure). We explained to the judge that at the beginning Toyota had refused to do anything and had referred us back to Bertel. During the arguments with Bertel we did not know that Toyota would finally see the light and offer compensation. As far as Bertel treating us well , they offered us $300.00 and sic'd their lawyer on us when we said thanks but no thanks.
That somes it up...
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#2 Consumer Suggestion

Sludge problem in Toyota engines

AUTHOR: John - (U.S.A.)

During the past year Toyota has recognized a problem in the design of its engines coupled with the decreased oil change interval in newer models. In a word, the motors are getting sludged up and failing.

Automotive News, A Crain trade publication, has published a few pieces on the problems in Toyota engines in the past year.

An examination of a engine in the course of a pre-purchase inspection will not uncover sludge buildup. Such a problem can only be found by removal of the cam covers or the oil pan. So it's not surprising that the problem wasn;t found by the consumer's mechanics. In defense of the dealer, they probably were unaware of it too.

I suggest the responsible party here is really Toyota. I have seen a number of cases like this at our shop, which fixes these cars. I suggest the consumer research the problems Toyota us having with sludge damage and consider future action in light of that. Several (3) of my own customers have bought used Toyota and Lexus cars and obtained replacement motors at no charge through Toyota for sludge damage. However, those cars had under 60,000 miles on them.
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#3 0

EDitor's Comment ... bull-shitted the court and won

AUTHOR: - ()

Just because you won Mr. Attorney, does not mean you were right, Your reasoning for what is fair and just is the very reason why I started badbusinessbureau.com and Rip-off Report.com. Tell us, how may times has your client Bertel Auto Brokers been sued? How many times have you defend a client that you knew is wrong and owes money, but you knowingly bull-shitted the court and won? hmmm?



Yeah, I know, they're your client, bla bla bla..



My Do-it-yourself Guide Book coming out shortly, will, in most cases, counter acts the lawyer bull, and ultimately leaves alleged Rip-off Companies like Bertel Auto Brokers powerless.



ED Magedson

EDitor@ripoffreport.com



We are not lawyers.

We are not a collection agency.



We are Consumer Advocates.

...the victims' advocate



WE are Civil and Human Rights Activists



We are a Nationwide Consumer Reporting News Agency

...by consumers, for consumers
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#4 0

EDitor's Comment ... bull-shitted the court and won

AUTHOR: - ()

Just because you won Mr. Attorney, does not mean you were right, Your reasoning for what is fair and just is the very reason why I started badbusinessbureau.com and Rip-off Report.com. Tell us, how may times has your client Bertel Auto Brokers been sued? How many times have you defend a client that you knew is wrong and owes money, but you knowingly bull-shitted the court and won? hmmm?



Yeah, I know, they're your client, bla bla bla..



My Do-it-yourself Guide Book coming out shortly, will, in most cases, counter acts the lawyer bull, and ultimately leaves alleged Rip-off Companies like Bertel Auto Brokers powerless.



ED Magedson

EDitor@ripoffreport.com



We are not lawyers.

We are not a collection agency.



We are Consumer Advocates.

...the victims' advocate



WE are Civil and Human Rights Activists



We are a Nationwide Consumer Reporting News Agency

...by consumers, for consumers
Respond to this report!
What's this?

#5 0

EDitor's Comment ... bull-shitted the court and won

AUTHOR: - ()

Just because you won Mr. Attorney, does not mean you were right, Your reasoning for what is fair and just is the very reason why I started badbusinessbureau.com and Rip-off Report.com. Tell us, how may times has your client Bertel Auto Brokers been sued? How many times have you defend a client that you knew is wrong and owes money, but you knowingly bull-shitted the court and won? hmmm?



Yeah, I know, they're your client, bla bla bla..



My Do-it-yourself Guide Book coming out shortly, will, in most cases, counter acts the lawyer bull, and ultimately leaves alleged Rip-off Companies like Bertel Auto Brokers powerless.



ED Magedson

EDitor@ripoffreport.com



We are not lawyers.

We are not a collection agency.



We are Consumer Advocates.

...the victims' advocate



WE are Civil and Human Rights Activists



We are a Nationwide Consumer Reporting News Agency

...by consumers, for consumers
Respond to this report!
What's this?

#6 0

EDitor's Comment ... bull-shitted the court and won

AUTHOR: - ()

Just because you won Mr. Attorney, does not mean you were right, Your reasoning for what is fair and just is the very reason why I started badbusinessbureau.com and Rip-off Report.com. Tell us, how may times has your client Bertel Auto Brokers been sued? How many times have you defend a client that you knew is wrong and owes money, but you knowingly bull-shitted the court and won? hmmm?



Yeah, I know, they're your client, bla bla bla..



My Do-it-yourself Guide Book coming out shortly, will, in most cases, counter acts the lawyer bull, and ultimately leaves alleged Rip-off Companies like Bertel Auto Brokers powerless.



ED Magedson

EDitor@ripoffreport.com



We are not lawyers.

We are not a collection agency.



We are Consumer Advocates.

...the victims' advocate



WE are Civil and Human Rights Activists



We are a Nationwide Consumer Reporting News Agency

...by consumers, for consumers
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#7 Consumer Comment

..Attorney says, report filed against Bertel Auto inaccuracies and misrepresentations

AUTHOR: Pamela - ()

The report filed against Bertel Auto Brokers is fraught with inaccuracies and misrepresentations. The consumer neglects to inform the reader that the vehicle was inspected by no less than two mechanics selected BY the conusmer PRIOR to purchasing the vehicle. Both these mechanics could not find the alleged problem with the vehicle.



The consumer's complaints were always hanadled professionally, amicably and expeditously. At all relevant times, the dealership offered to assist the consumer.



The consumer filed a small claim case in the Boston Municipal Court, Docket number, 84734. The case was heard on January 17, 2002, and the dealership refuted the allegations raised in the consumer's complaint. The case was found in the DEALERSHIP'S favor.
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#8 0

Small claims bound with Bertel Auto Brokers

AUTHOR: - ()

Our fight with Bertel Auto Brokers continues. We finally replaced the engine at our own cost which came to $3,375.00. This was after Bertel offered us $300.00 and a "discount" price of $2,400 that we would pay to replace the engine with another used engine. Needless to say we felt the offer was insulting. We used a company that ironically Bertel suggested, again at our own cost, to use. Considering the lack of response and responsibility by Bertel, we were not about to trust them with replacing the engine. Mr. Ken Efron who has not responed at all to our correspondence now has unlisted his address and phone. Bertel Auto Brokers which is located on Marthas Vineyard, Ma has no phone. As it will take three to four months for a small claims court date, we will continue to argue and publisize our complaint with Mr. Efron and Bertel. The total cost that can be claimed in small claims in Ma. is $2,000. Within the near future we intend to take a voyage to the Vineyard to take photos we can post on the net of Bertel. We will also visit Mr. Efron's home in Sharon, Ma where we picked up our car for a photo op. Hopefully he will have a gaggle of cars in the back we can shoot. So stay tuned.
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#9 0

Bertel Auto brokers and Toyota Financial services

AUTHOR: - ()

We feel that we are owed the replacement of a new engine and the lost time of use of our car. We have put less than 2,600 miles on our car since December including the rip to Vermont and two trips to dealerships recommended by Bertel. We are forced to use our second vehicle that has over 170,000 mile and blew a head gasket. Total cost for repair over $650.00. Loss of use of the car $1,000 per month since March.
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