I sold my 2010 Toyota Tundra Crewmax TRD Truck on Craigslist 02/10/2012 to Dan Rondeau who handles Marketing/Advertising for Gates GMC Nissan. Mr Rondeau had a broker call me regarding the vehicle on 2/6/2012 by the name of Joe Podchaiski more commonly know as Joe Pod. Mr. Podchaiski took interest in the vehicle and wanted it immediately for $24,700.00 and we had a week to decide at that offer. I contacted Mr Podchaiski on 2/9/2012 and he changed the offer to $24,500.00 we decided to take the offer.
Both my business partner and I have worked in the automotive Industry from sales, to restoration on classic cars, muscle cars and exotic cars, the explanation of the vehicle was stated in great detail to Mr. Podchaiski. We informed him the truck was a 2010 Toyota Tundra Crewmax TRD, he asked if the truck was a 4x4 we stated it was a 2wd with a TRD package and the truck came from California. [continued below]....
..... Mr. Podchaiski then asked if it had leather, we said, no, he asked about a sunroof we said, no. He asked if it had an entertainment system, we said, no. He asked if it was a Limited, we said, no it's a crewmax as posted on the original For Sale add. We provided Vin number as requested by Mr. Podchaiski and a description of vehicle to Gates GMC Nissan, so he could run a Carfax report that indicates what the vehicle is. Mr. Podchaiski provided his email address and Dan Rondeaus email address for pictures of the Toyota truck. Photographs were taken of the interior, exterior and engine compartment. Mr. Podchaiski then provided Mr. Dan Rondeaus phone number, and place of work to make the sale of the Toyota truck legit. He stated I should call Mr. Rondeau regarding the sale, I did, we spoke for approximately 15 minutes. I informed him pictures were sent to both he and Mr. Podchaiski.
Mr Podchaiski Called twice on the evening of 2/9/2012 to confirm that the vehicle would be collected for purchase on 2/10/2012 and the Toyota truck would be picked up on a flat bed truck. Mr Podchaiski called to confirm on the morning of 2/10/2012 informing me that the drivers would be in Maine later that day, and to keep cell phone on hand. Two Drivers from Gates GMC Nissan arrived in a sedan and no flat bed truck appeared. The two men inspected the vehicle, a call came in to the inspectors during the inspection of the vehicle to confirm if vehicle was correct to purchase. Both inspectors said, all was good and that they commented the vehicle looked brand new. The two men inspected the car and we spoke for a half hour. I signed all documents for the sale of the vehicle including, Bill of Sale, Odometer disclosure, Connecticut Secure Power of Attorney DMV title signed with the new new Buyer Dan Rondeau and Gates GMC Nissan's signature and an Agreement to make payoff to Toyota Financial from DMV. The Inspectors left and drove the vehicle back to Connecticut. The vehicle left with 20385 original miles.
I received a voicemail from Mr. Podchaiski at 3:42pm stating that they are not paying for the vehicle and they are returning it Monday first thing because it is a 2 wheel drive and not 4 wheel drive even though they had all documents, original For Sale Add, pictures, VIN and Carfax report stating the complete history of the vehicle. We placed a call to Dan Rondeau after receiving the message from Mr Podchaiski and stated on Mr. Rondeau's voicemail that he and the dealership were in breach of contract and they had all the information prior to sale of vehicle and the dealership now owns the Toyota truck as agreed from the signed contracts. Mr Rondeau would not return the phone calls and we repeatedly called Gates GMC Nissan to get confirmation of payment for the vehicle.
We contacted Emerson Toyota in Maine who evaluated and inspected the vehicle 2 days prior to the sale to Mr Rondeau. The dealership is shocked by the way Gates GMC Nissan has performed the sale of this vehicle. They have stated that anyone in the dealership business knows the difference from a 4x4 and a 2 wheel drive, running the VIN ID is the ID of the vehicle! As of 2/14/2012 Mr. Podchaiski called to inform me that the vehicle is being returned tomorrow (2/15/2012) I told him that we don't own the vehicle and payment is still outstanding. I told him not to return the vehicle as it is a breach of contract and failing to make payment as per to signed contracts from Buyer. Immediately after I made the statement to Mr. Podchaiski Dan Rondeau conveniently called me! All he could say was, "you said it was a 4x4"! No Mr. Rondeau, we said, 2x2! Why did you send 2 inspectors who surely know what a 4x4 looks like!
Shamefully, an individual does not go through great lengths as myself to get legal advise, contact the Attorney General, FTC, BBB, Rip Off Report and many more to simply Lie! It's not my nature! The proof is on paper, pictures and voice mails and it will only look official if it's taken to court! This may be direction were going unless Gates GMC Nissan and Dan Rondeau can be professional and act in good faith as a proper DEALERSHIP would!
The General Attorney's Office, BBB, TFC of Connecticut have been notified. The General Attorney has contacted Gates GMC Nissan as of 2/14/2012 for closure and resolution. If we cannot get closure within 24 hrs we have stated to Mr. Rondeau that we will have to take legal action.