• Report: #1095144

Complaint Review: Motion AutoSport

  • Submitted: Mon, October 28, 2013
  • Updated: Mon, October 28, 2013

  • Reported By: desertsplendor — Tucson Arizona
Motion AutoSport
7179 Sunset Strip Ave, North Canton, OH 44720 North Canton, Ohio USA

Motion AutoSport or Falls Motor City They sold me a truck with undisclosed major rust damage. North Canton Ohio

*REBUTTAL Individual responds: comment

*Author of original report: Seller never fullfilled his promise to refund sales tax

*Author of original report: We came to an agreement.

*Author of original report: Hate much Jim?

*Consumer Comment: How Dumb!

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I purchased a truck through this company via Ebay/online.  The dealer advertised the truck as "like new" and claimed that is had been owned by the Toyota Parts manager and claimed that the truck was a new as a 27k miles vehicle would be.  I asked about any rust or other possible issues.  They told me that the truck has some "browning", but no rust. I was very spesific about any rust and the salesmans and the owner claimed that the truck had gone through an inpsection and if any rust was evident, it would have been noted.  I saw the BBB logo on their webpage which aided me in making my decision.  Later I found out that BBB had revoked their priveledge, but they continue to keep the logo on their page.

I received the truck about three weeks later via a delivery service.  I immediately took the truck to get it emmisioned and registered. About two miles from my home, the truck's AC broke. I then took it to a dealer who inspected the truck and found that the AC compressor was broken, but the worst of it was the udnerbody had extensive rust and damage. I then took it to tow other dealers for comfirmation.  One was the Toyota dealership who also confirmed the rust damage, then to a collision and restoration specialist whom also confirmed,  All three dealers told me that the truck was probalby a flood truck or at the very least sitting in snow the entire time.  Extensive rust damage so severe that the integrity of the truck was compromised. That the truck would not be safe in a collision.  They also showed me places where someone had sprayed the underbody with black paint in an attempt to hide the rust.  That the truck would continue to have repairs problems. They all three told me to return the truck to the seller.  Toyota also told me that they would not even allow me to trade the truck in as they would not be able to even sell it at an aution.

Within 1 hour of finding out about the damage to this truck, I called Brett and told him about the situation.  I told him that the AC compressor needed to be replaces, all the tires were cracked and needed to be replaced and also about the rust damage. He claimed that the rust was "normal" for the NE.  I reminded him that he sold me a truck that had not rust, working AC and good tires.  He claimed "as is" means "as is".

After a few days of pleading and negotiating, Brett agreed that I could return the truck as long as I paid for the return shipping, agree not to get any dealer fees or taxes back.  Under duress, I agreed to his terms because I had a choice to lose $27,000 or $4000.  So of course, I chose the lesser amount.

I returned the truck along with an AZ tax amendment form for him to fill out for the return of the taxes paid.  He later told me that he filled out the paper and sent it to Arizona. I have still not received the taxes I paid on that truck.  Arizona sent him the refund and in turn he is suppose to send it to me.  He did, however, refund me the purchase price of the truck and tells me that I should be happy that he at least did that.

 Dealers statements about a product that you rely on as part of deciding whether or not to purchase a product constitute an express warranty that the dealer breaches if the promise turns out to be a lie.  Even if a seller has you sign a contract with an "as is" statement that disclaims all warrantites - -because an "as is " statement does not disclaim an express warranty if one is made. 

The bottom line is that I would never have purchased this truck if the dealer had told me that the truck even had a small amount of rust on it.  The dealer can not claim he did not know about the rust because someone has sprayed black paint on the rust in order to hide the extent of the damage.  A responsilbe dealer would not hide behind the "as is" clause.  A responsible dealer would not sell such a vehicle without disclosing this kind of damage.

I have asked the dealer to refund the taxes and all dealer fees, plus all my shipping fees.  He refused to do so and possible took the refund from the state of AZ as he has not sent me the refund for the taxes paid.

 


This report was posted on Ripoff Report on 10/28/2013 12:12 PM and is a permanent record located here: http://www.ripoffreport.com/r/Motion-AutoSport/North-Canton-Ohio-44720/Motion-AutoSport-or-Falls-Motor-City-They-sold-me-a-truck-with-undisclosed-major-rust-da-1095144. 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:
3Author 1Consumer 1Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Individual responds

comment

AUTHOR: Brett - (USA)

This customer from Arizona purchased a truck from ohio where it snows. Corrosion is inevitable, common, and expected when buying a vehicle from a state where it snows. It was described to you as browning on the frame. Which you admitted. What did you think that was? Nevertheless less our dealership purchased this vehicle back from this customer as a show of good faith and because we are a premier dealer. We purchased vehicle back it was not returned to us. We were under no obligation legal or otherwise to do so however we did it anyway to make a customer happy. The terms of the sale were crystal clear of payment on delivery with good title and customer had to pay to ship the unit back. She agreed. Truck arrived and customer defaulted on the shipping bill and stuck us with it. We payed it anyway. This truck was sold immediately to a new happy owner and has been inspected multiple times by the customers dealer and have found this truck to be a great unit and the new owner is extremely happy with it. The customers blatant exaggeration that the frame in this truck is bad is unfounded and without merit. We are considering this and any related posts further regarding this matter to be harassment and menacing and will seek legal action for any further harassment . We went above and beyond for this person when we didn't need to. If I would have known our efforts were not going to make her happy we would have said we are sorry and we cannot assist you further. Facts are these not all ohio trucks are going to look like they came from Texas ,Arizona, California etc this does not mean they are bad. However snow and salt can have an adverse effect on frame condition. This customer made a buying decision based on our accurate description of browning on a frame. When she got the unit she was disapointed. That's all. She was offered an independent inspection before buying. She declined. She was offered to fly in and pick it up and view personally before paying for it. She declined. At some point in time responsibly has got to be participated by customer. We are all adults here and should act accordingly while making buying decisions. Lessons are learned every day. We do not fault this customer. We can see it was extremely frustrating for her which is why we agreed to buy back a truck that she was not happy with through no fault of our own. We are going to consider this matter closed. There will be no more response from us on this issue as we are extremely busy taking care of our thousands of happy customers.

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#2 Author of original report

Seller never fullfilled his promise to refund sales tax

AUTHOR: - ()

It has been two years and the seller still has not returned my sales tax that I paid. He kept telling me he would get to it, but he never did. He claimed that he filed for a refund from my state for the sale tax. But I still have not received this refund and he will not return my emails or messages. He even threatened me with a lawsuit if I did not back off.  

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#3 Author of original report

We came to an agreement.

AUTHOR: desertsplendor - ()

We have come to an agreement and I am satisfied with the outcome that the seller has offered.

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#4 Author of original report

Hate much Jim?

AUTHOR: desertsplendor - ()

Jim - you know whats worst that stupidity?  It's hatefull people that think they know everything, but are actually ignorant themselves. FYI -  I have purchased 3 other cars online from dealers and have never had an issue.  I know many people that do...but, this time it turned out bad.  Buying everything online is the current trend and that includes vehicles.  Yes, there are things I could have done to protect myself better... but that is what life is about, learning and growing.  I suggest you grow-up and learn from your mistakes as well. Like this post of yours - not cool!

I am thankful for sites like this that give comsumers the opportunity to resolve issues. 

The seller is now working with me for a solution.

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#5 Consumer Comment

How Dumb!

AUTHOR: Jim - ()

ANYBODY who would buy a used car sight unseen needs to have their head examined.  YOU should have used common sense and understood that instead of having your tongue hang out for a stupid car!  P. T. Barnum said, "A sucker is born every minute!"  Guess who???? 

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