AutoMax Hyundai South Breach of Contract, Nonperformance of contract, cheat, liar Oklahoma City Oklahoma

Last Friday night, 10-5-07, we went to Automax Hyundai South to look at cars. We told the sales reps that we spoke to (John Bradshaw & DJ) that we were just looking and not really thinking about buying for a few weeks, but we were looking around to see what we liked. After being there awhile we sat down and started talking financing on a '08 Elantra. We told him what we were willing to pay monthly and down payment etc. He can back and said that they couldn't do the deal unless our monthly payment was a bit higher than what we wanted. We told him no and were going to leave. Needless to say he asked to give him a minute and he would be back.

After coming back he told us he could get our payment where we wanted them, but we would have to buy two cars and as far as the tag, title, taxes etc he would give us about three months to get the cars tagged since we were now looking at two (that in itself is illegal since dealers can only give you a one month temporary tag). We thought about it and told him sure we would give it a try. We sat down with the finance person (John Lusk) and did all the paperwork on the first car and were given the keys to it Friday night and told to come back in the morning on Saturday and the rest of the paperwork would be done on the second car.

Saturday morning we went ahead back up to the dealership and after while was told that the banks weren't open yet and to give them about an hour and so we did (keep in mind that we live in Noble). After an hour passed I found DJ and asked what was taking so long and he said this was normal and asked if we would just go home and wait for him to call us later that afternoon. Around 6pm I called back to see what was going on and was told by a sales manager that didn't know about a second deal and only knew about the first deal. This upset us so we told him we were bring this first car back because it wasn't what we agreed to. The sales manager (Justin Wilkerson) told us that we signed the papers on the first car and it was a done deal and we were stuck with it. So me and my wife took the first car up to the lot to give it back to them and we're mad about the whole problem with John Bradshaw & DJ not returning any of our calls.

When we got to the dealership we saw DJ and he told us that they were still working on the second car and not to worry about it and even put it in writing that we were pre-approved for the second car and that he needed until Tuesday to hear back about it and sign the papers because Monday was a bank holiday. So we told him we weren't happy and that all these promises they made weren't looking good at all. I asked him about what the sales manager had said about the first car and that we were stuck with it and he told us that the first car was ours and it was a done deal.

I told him I felt like they promised us two cars but only meant to deliver one and I wasn't thrilled with the idea I was being given the run around and that when he tells us he's going to call us back he should (especially since I signed over the title to my 1997 Civic). We never heard anything Monday about any of this (Columbus Day), but since I told him I would wait until Tuesday I didn't think much of it.

Tuesday rolled around and my wife called around 1pm to find out what was going on and DJ told her again that he would call her back in about 10 mins. Around 4:30-5pm she never heard from him so while I was getting the first cars windows tinted (using a We Owe form from AutoMax for Alta Mere since my wife has Lupus) I called him (DJ) up and he told me that his manager wanted to speak with me and that we had been approved for the second car, but his manager just wanted to go over it with me.

After the first car was done being tinted I had not received any calls from his manager so being close to the dealership I went down to see them face to face to find out again what was going on. I was approached by a sales manager (the same one I spoke to Saturday) and was told that John Bradshaw had the day off and DJ was busy. I asked him what was going on and he told me that we had been denied on the second car and that they needed the first car back also.

I was stunned and asked him if that was the case how come no one ever bother to call and tell us any of this and why DJ and him both told me that the first car was a done deal. He then said that the bank didn't finance the first car either and he wanted the keys to it (even though they said Friday they did finance it and my wife and I signed all the papers and we still have the papers). He then gave me back my title to one of my cars we were using as trade in for the second car and my $1000 check I used for down payment on the first car.

Then I told him why they didn't tell us any of this Saturday went I was there and he didn't answer me. I asked him who was going to get my $30 & $25 I spent on upgrading the tint job on the car and all the gas in the car. He told me that since I went over 50 miles that they would offset and the dealership wouldn't charge me for mileage. I told him that you shouldn't anyways because I live so far away and all the miles on the car were just dealing with the dealership. After my wife came to pick me up all upset that they broke the contract on the first car and started having problems with her blood pressure about it, gave me the second set of keys so I could give them to the sales manager (Justin) and I told him I wanted to speak with the general manager. He told me that he wasn't there and I asked him to call him and the sales manager refused to called him and told me that he wasn't going to get any manager over him because there was nothing we could do.

My wife then called up DJ at his number to find out why we had been mislead and flat out lied to. He told my wife that he would call her back tomorrow and my wife told him that wasn't good enough since neither him or John ever returned any of our calls. Then he hung up on my wife. This is where we stand now. They now have the first car and we are looking at how bad we were treated in this event.

They breached a contract they made with us Friday night. By law they only have 72 hours to cancel the contract. They waited four days AND until we had the car tinted. We were lied to the entire time.

Randall
Noble, Oklahoma
U.S.A.