• Report: #860316

Complaint Review: Superior Auto Sales

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  • Submitted: Tue, March 27, 2012
  • Updated: Mon, September 10, 2012

  • Reported By: John — Cheektowaga New York United States of America
Superior Auto Sales
5201 Camp Rd Hamburg, New York 14075 Internet United States of America

Superior Auto Sales sascars.com AUTO DEALER BREAKS THE LAW WITH THE DMV Internet

*REBUTTAL Individual responds: Heres the truth about the dealer rebuttal

*REBUTTAL Owner of company: Response From Superior Auto Sales, Hamburg, NY

*Consumer Comment: You have recourse in New York State

*General Comment: you bought 8 year old car

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My son purchased a 2004 Scion XB on March 24th, 2012 from this dealer. The dealer told him the car was in perfect mechanical condition. When my son brought the car home, he noticed that instead of the states inspection sticker, which is suppose to be attached to the windshield, there was a failed inspection notice folded and taped to the windshield in leiu of a legal sticker.  In New York state it is illegal for a Car Dealer to allow a vehicle off the lot without a valid safety sticker. My son was driving the vehicle illegally and unknowingly. He called the dealer on the 25th of March and the dealer claimed that they had been in business for nearly 40 years and were unaware of this(DMV-101). They were obviously lying which drew the suspicion of my son. Later in the day, many dashboard warning lamps appeared on. My son took the vehicle and had the computer codes read,  it had 4 defect codes, however only 2 were able to be read accurately. One was a catalytic converter failure and the other was a ABS failure(part costs $1700). The dealer claimed to have the car safety inspected, however, one taillight was out as well as two of three brake lights.  The vehicle was totally unsafe to drive, putting my son and the general population at risk for a accident. The dealer was totally deceptive about the condition of the vehicle, in fact, we believe they unhooked the battery to clear the codes temporarily. My son asked for his money back and we returned to the dealership with the car on March 27,2012 and spoke to the owners son, Rick Izzo and he stated that the dealership does not have a return policy for any reason. No money has been returned as of yet.  We filed a report with the DMV and are hoping that they can get this matter resolved.  We have also called our local television action call line to see if they can help us.  This dealer needs to be stopped, either by the DMV or the public or both.  They ripped my son off, had him drive off in a unsafe vehicle and have no intention of returning any money paid for the car.  By the way, we paid $8500 for the vehicle. Thank you

This report was posted on Ripoff Report on 03/27/2012 11:59 PM and is a permanent record located here: http://www.ripoffreport.com/r/Superior-Auto-Sales/internet/Superior-Auto-Sales-sascarscom-AUTO-DEALER-BREAKS-THE-LAW-WITH-THE-DMV-Internet-860316. 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 2Consumer 2Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Individual responds

Heres the truth about the dealer rebuttal

AUTHOR: John - ()

 My son did ask for $2000 back from the dealer once the general manager and son of the owner Dick Izzo stated that they would not take the car back, We did not feel that the dealer was honest about the condition of the car and my son would sell the car for at least a $2000 loss just to get rid of it. The general manager Rick Izzo stated when we returned to the dealership with the car to ask for our money back that he was "going to play hard ball" with us. So be it, we contacted the DMV and the car sat for a month until the DMV could come to our home and look at it and the related paperwork. The DMV did take the dealer to court and we also had to go with them to testify. The dealer was fined. Since he has owned the car, it has had 2 cat converters, brakes 3 times and many other issues. Lesson learned.... we will never buy from this dealer again.

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#2 REBUTTAL Owner of company

Response From Superior Auto Sales, Hamburg, NY

AUTHOR: Superior Auto Sales - (United States of America)

Business Response:
We at Superior Auto Sales were extremely distressed to learn of the subject complaint filed by *** ****s father. Our records indicate we sold the referenced used vehicle to *** ****** **** on March 24, 2012.
Because ****** **** desired to take delivery of the vehicle on a Saturday, Superior had the vehicle inspected by a local repair shop unaffiliated with Superior. Our in-house repair shop is closed on Saturdays. The vehicle passed the Safety portion of the inspection, and the shop also replaced a bulb. The vehicle failed the emissions portion of the inspection. The industry standard protocol upon such a failure is to reset the vehicles computer, and to drive the vehicle for several hours so the computer can reassess the emissions system. *** **** was appraised of this matter and given the inspection document. *** **** further agreed to return on Monday, 3/26/12, to have the inspection completed.
On Monday, 3/26/12, ****** **** contacted Superior and indicated that he felt he had paid too much for the vehicle and would not bring the vehicle back to us for its required inspection unless we gave him 2,000.00.
On Tuesday, 3/27, *** **** and his father returned to Superior with the vehicle, but again refused to allow us to complete the inspection.
*** **** subsequently filed a complaint with the NY DMV as well as the BBB.
After an investigation, the DMV instructed *** **** to return the vehicle to Superior for the emissions inspection which he did on May 3. Superior completed the inspection and addressed any other issues on May 4, and returned the vehicle to *** ****.
Superior Auto Sales has been in business for over 35 years and is deeply committed to maintaining satisfied customers, and in resolving any service issues that may arise.
Very truly,
******* ** **** 
General Manager
BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved
 
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#3 Consumer Comment

You have recourse in New York State

AUTHOR: Robert - (USA)

You need to know that in NY State, any used car dealer MUST provide a warranty with any used car sales whereas the vehicle has LESS than 100,000 miles.  This warranty CANNOT BE WAIVED with the exception of vehicles that are sold strictly for PARTS ONLY.  Even if the dealer has you sign a "as is" bill of sale, your rights to a warranty ARE NOT WAIVED if the vehicle was purchased for the purpose of driving on public roads.

1.  Go to the NYS Attorney General website and download the Consumer Guide for the NYS Used Car Lemon Law.  You can download the PDF version here:  http://www.ag.ny.gov/sites/default/files/pdfs/publications/Used_Car_Guide_2011.pdf

Read this consumer guide completely.  If needed, PRINT IT.

2.  Go back to the dealer and demand that they either fix the vehicle completely so that it will legitimately pass a NY State Safety/Emissions inspection or take the vehicle back and refund ALL of your money.  Let them know that if they do not comply with the NYS Lemon Law you will file a formal complaint with the Attorney General's Office (the have an office in Buffalo) and may exercise your right to sue them in Superior Court.

The AG office ENFORCES COMPLIANCE with the NY State vehicle lemon law, not DMV.

Good luck.
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#4 General Comment

you bought 8 year old car

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

ar your son bought was 8 years old. Probably sold as is with no warranty. If this is the case the dealer has no responsibility to fix car or refund money. Check to see what was signed for by your son or yourself.An $8500 car or a$1200 car make no distinction if each are sold as is. They both have no warranty if you got a as is form with the car.

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