Report: #652509

Complaint Review: Three Peaks Auto

Submitted: Mon, October 18, 2010
Posted: Thu, October 21, 2010

Reported By: Red Rock Field Mortgage Services, L — Cedar City Utah United States of America

Three Peaks Auto

966 S Main St Cedar City, Utah United States of America

Phone:
Web: http://www.facebook.com/pages/Cedar-City-UT/Three-Peaks-Auto/114983771867189
Category: Auto Dealers

Three Peaks Auto Jared Selling defective vehicles without disclosing known safety issues Cedar City, Utah

*Author of original report: Update

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I will start this thread by posting the published Better Business Bureau Complaint information as well as the information supplied to the Utah Attorney General's Office:

Activity

Date	Activity	Description
10/18/2010	More info received from the consumer	As of today a complaint has been filed with Office of the Attorney General Utah State Capitol Complex 350 North State Street Suite 230 SLC UT 84114-2320 FAX: (801) 538-1121
10/18/2010	More info received from the consumer	While speaking to Matt the mechanic at Desert Pine he said in his professional opinion the issue with the ball joints did not occur over the period of my ownership and the truck was sold with a safety defect
10/16/2010	More info received from the consumer	On 10/16/2010 the vehicle was taken into Desert Pines Tire, Auto & RV Repair to have a severe warble on the front end checked out at that time the vehicle was identified as having a bad ball joint and tie rod issue resulting in 710.00 in repairs. The technician stated that the ball joint had been bad sometime and in his professional opinion has been bad for some time before my purchase. I am now seeking restitution for my repair cost and plan on going before the attorney general's office and the local courts with a statement provided by the repairman. The only other resolution would be the return of the vehicles traded for the vehicle provided by Three Peaks or the exchange of this vehicle for another on their lot after reviewing the safety inspection report otherwise this contact with th BBB is only step one in the resolution process. Note contact information for me has changed new number 435 990 1223
10/13/2010	Forward Consumer Rebuttal to Business	BLT.cf.rtf
10/04/2010	Received Consumer Rebuttal	(The consumer indicated he/she DID NOT accept the response from the business.) Inline response to Jared's comments 1) Jared stated "The client was told of the advisement of the tires, with one tire in specific (which is the tire that blew)." My Response: In the presence of my spouse, who is aware of the contents of the conversation the issue of the tire was never brought to my attention until I brought up the condition of the tires, it was then I was informed of an advisement of the tires per the safety inspection. 2) Jared's response "he would put the spare on to replace the worse one'' was correct although I was unaware at the time the vehicle did not have a full sized spare as we discussed at the point of purchase.''3) Jared stated he advised ''the tires did not have much life left on them.'' My Response: In the presence of my spouse, who is aware of the contents of the conversation the issue of the tire, this comment was never made by Jared. 4) Jared stated "a check for $300 to cover the tire and damages that it caused. At this time we shook hands and the costomer left telling us he was satisfied with the resolution" is correct although this was after my co-worker was injured in the blowout and I informed Jared that I had taken the vehicle to two other inspectors in the area to have the tires accessed after the purchase one Big O stated that they would not have passed the tires in a state inspection, the second Rolling Rubber stated that the tires were questionable although he would not have passed them they were passable. I have these statements in writing as well as the receipts for the 2 services to have the tires checked and will pursue reimbursement for expenses should this go to court as expected. $200 covered the cost of the tire, $35.00 covered the damaged mirror, the expense of the wheel well flange was found to be $350.00 and the damage on the passenger door was never estimated. 5) Jared stated ''A week later the costomer called and left a message on our answering machine saying that, at no fault to anyone, he wanted to return the truck because he could not afford the gas.'' My Response, that is correct although after immediate consideration after contact no additional contact was made to Three Peaks regarding this since it had been my decision to follow through with the purchase. 6) Jared stated'' At this time we realize no matter what we do the customer would not be happy because he simply regretted his purchase. therefore we did not respond to his phone call.'' My Response, this is an assumption and the lack of a return call as stated by Jared disputes his comment, 7) I take great pride in this buisness, and want the public to know that we try to be as fair and honest as we can.'' 8) Jared stated'' He then proceeded to harass us after picking up his plates and safty inspection which had the clamed advisements''. My Response, I contacted Three Peaks twice by phone the first after receiving my plates and the safety inspection report, this contact was made as a point of information about what was actually wrong with the vehicle after discovering 4 advisements upon the safety inspection that I was never advised of at the point of purchase, and in the presence of my spouse, who is aware of the contents of the conversation. I then contacted Jared at his request the following day as a follow up to find out what he had discovered after looking into the matter. I then sent 1 email (a duplicate of the certified)which I have retained as evidence as well as sent 1 certified letter contrary to what Jared describes as harassment no phone calls were made directly to Three Peaks regarding the subject until they contacted me upon receipt of the certified letter. I do not have a home phone and utilize Verizon as my only contact number I can provide these phone records if necessary in a courtroom setting as evidence of Jared's attempt to provide misleading comments to discredit me. 9) Jared stated " I check into the advisements as requested by the customer. One advisement was for the ball joint due to age of vehical; not a safty issue or a necessary fix according to the mechanic, simply a common issue with trucks of this age''. My Response, If I had been advised of any advisements including a ball joint no purchase would have transpired, The receipt of the safety inspection by Three Peaks is evidence that the company was aware of the issues notated in the safety inspection and failed to advise me of these upon the purchase of the vehicle, as will be testified by my spouse whom was present through out the conversation at point of sale. 10) Jared stated " When we sold the truck we offered the customer a warranty which he declined and signed the buyers guide''. My Response, this is correct although my issue with the entire process is that information was with held during the time of purchase which not only affected both personal and public safety, but also mechanical issues which if known the purchase of the vehicle would have never transpired. 11) Jared Stated ''The buyers guide goes through eveything that could be wrong with buying a used vehicle including the ball joints. I really don't know how I could have better served this costomer''. My Response, try honesty advise the purchaser of all known issues with a vehicle before proceeding with a sale especially those stated upon a state safety inspection report. 12) Jared stated '' I take great pride in this buisness, and want the public to know that we try to be as fair and honest as we can''. My Response, I am not sure your definition of pride or honesty although my definition is advise the purchaser of all known issues with a vehicle before proceeding with a sale especially those stated upon a state safety inspection report. 13) Jared Stated'' but I can't help people who have buyers regret a month later.'' My Response, try honesty advise the purchaser of all known issues with a vehicle before proceeding with a sale especially those stated upon a state safety inspection report. My contact with the BBB is the first step I have spoken with an attorney whom advised the conclusion of this BBB Inquiry, I also plan after which on contacting the attorney generals office of commerce and filing a complaint as well as court action upon the completion of each. Three Peaks Jared sold a vehicle without disclosing known mechanical and safety issues as evidenced by the dated safety inspection and witnessed statements made by Jared. I have requested a return of both vehicles that were originally traded for the vehicle in question, if this is not possible then financial compensation for the repairs necessary to repair the issues that were not discussed with us on the safety report although known by Three Peaks at the time of sale once again as evidenced by the dated safety inspection and witnessed statements made by Jared. If this is not satisfactory a trade for another vehicle on their lot after having the opportunity to review the information within the vehicles safety certificate. I am willing to work with them although I am also more than willing to take them to court for a resolution and place this issue on public record. Bill Kettler
10/01/2010	Forward Business response to Consumer	CLT.cf.rtf
09/30/2010	Receive Business Response	Contact Name and Title: jared; employee Contact Phone: 435-867-8708 Contact Email: jmmasonry@hotmail.com In regards to the issue of the advisement of the tires.The client was told of the advisement of the tires, with one tire in specific (which is the tire that blew). We offered to supply the client with a new set of tires, with the cost being added to the loan, but he declined. He said he did not want to spend the money on the tires and thought they were fine, and he would put the spare on to replace the worse one. I told him it passed inspection but the tires did not have much life left on them. When the advised tire blew he came to us to resolve the problem. At that time we found out that he did not change the tire like he said he would. Having no obligation to resolve the issue, we wanted to make our customer happy so we wrote him out a check for $300 to cover the tire and damages that it caused. At this time we shook hands and the costomer left telling us he was satisfied with the resolution. A week later the costomer called and left a message on our answering machine saying that, at no fault to anyone, he wanted to return the truck because he could not afford the gas. At this time we realize no matter what we do the customer would not be happy because he simply regretted his purchase. therefore we did not respond to his phone call. He then proceeded to harass us after picking up his plates and safty inspection which had the clamed advisements. I check into the advisements as requested by the customer. One advisement was for the ball joint due to age of vehical; not a safty issue or a necessary fix according to the mechanic, simply a common issue with trucks of this age. The other advisement was a light bulb that was burned out which was fixed before sale. When we sold the truck we offered the customer a warranty which he declined and signed the buyers guide. The buyers guide goes through eveything that could be wrong with buying a used vehicle including the ball joints. I really don't know how I could have better served this costomer. I take great pride in this buisness, and want the public to know that we try to be as fair and honest as we can, but I can't help people who have buyers regret a month later.
09/24/2010	Resend Complaint to Business
09/24/2010	No response to first notice to business
09/08/2010	Inform Business of the Complaint
08/27/2010	More info received from the consumer	Sent a certified letter of my complaint to 3Peaks on August 24th, Spoke to the owner Mr McDonald who phoned me on August 24th at 4:56 p.m advised him I was prepared to take him and his dealership to court for the cost of the repairs. Mr. McDonald insisted that I had signed a as is warranty I advised him that the as is warranty should not include mechanical issues that may involve public safety which were present at the time of the sale and knowingly present. I evidenced the safety inspection as the dealerships proof of knowledge of defects that they failed to repair and identified as an advisement on the State of Utah's Safety Inspection. I also commented that at no time during the transaction or until receipt of the plates and registration did anyone representing 3 Peaks Auto advise us that there were any known defects or advisements to the condition of the vehicle if there had it may have influenced my decision to purchase the vehicle in question. The conversation was left as a stalemate and I have every intention to continue with complaints in a courtroom setting as well as with the State of Utah Attorney General's office
08/26/2010	Inform Business of the Complaint
08/26/2010	Send acknowledgement to Consumer
08/26/2010	Complaint Reviewed by BBB Operator
08/23/2010	Complaint Received by BBB

(Less)

Case Description:

selling defective vehicles without disclosing known safety issues
To whom this may concern I am contacting you in regards to the Chevrolet Cheyenne purchased from Three Peaks Auto who last month sold a vehicle to without disclosing safety issues. These issues were discovered 30 days + after receipt of the safety inspection which noted 3 advisements for which my wife and I were never advised.The vehicle had one advisement on the tires which we were not advised of at the time of sale although we did discuss the condition of the tires an advisement was never mentioned, fortunately the condition of the tires did result in a serious blow out where both minor injury occurred and body damage to the vehicle.

After obtaining the plates I discovered 2 other advisements 1 on the suspension and another on the body of the vehicle,which to date we still have not been advised what that may be after contacting Jarred I learned that the issue with the suspension was a ball joint which was questionable had we known this at the time of purchase we would have walked away from the vehicle. (Less)

Category:

Sales Practice Issues

Case opened date:

08/26/2010

Case closed date:

Desired Resolution:

At this time I am requesting, the immediate return of both vehicles which were traded in exchange for the Cheyenne or if that is not acceptable an exchange of the Cheyenne for a vehicle on their lot of comparable value with the ability to review the
safety inspection before completion of the transaction and a clean title in my name with no further money owed to your establishment.
(Less)

This report was posted on Ripoff Report on 10/18/2010 06:52 PM and is a permanent record located here: http://www.ripoffreport.com/r/Three-Peaks-Auto/Cedar-City-Utah-84720/Three-Peaks-Auto-Jared-Selling-defective-vehicles-without-disclosing-known-safety-issues-C-652509. 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:

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Updates & Rebuttals

#1 Author of original report

Update

AUTHOR: Red Rock Field Mortgage Services, L - (United States of America)

SUBMITTED: Thursday, October 21, 2010

POSTED: Thursday, October 21, 2010

One day after having the ball joint (The one noted on the safety inspection and I was never advised of the issue until receipt of the safety inspection) I began to feel a vibration thinking it was the tires since the front had been repaired I took it to Big O Cedar City, UT and the manager pointed out that the tires in the back were badly cupped...well another after 425.00 in repair costs... These were the same tires that during the point of sale were not brought up during the transaction by the dealership Jered McDonald until I brought it up in my wife's presence and he noted the condition although never advised us of the advisement on their condition on the safety inspection. Today cleaning the vehicle out I picked up th floor mat to my embarrassment a 5"x3" hole has been eaten by rust and water through the floor board something else they would have noted during the detailing of the unit to place it on sale although never mentioned.