ED Magedson – Founder
VanHorn Sheboygan County Budget AutoN5908 Willow Rd Plymouth, Wisconsin USA
VanHorn Sheboygan County Budget Auto Tom ArtabasyKyle Fale Car Dealer gets away with selling lemons by not being required to run diagnostic tests before sales Plymouth Wisconsin
In the disclosure upon purchasing the vehicle, it stated that nothing was wrong and everything was in working condition. I purchased a Lexus Rx300. The vehicle had been with us for one week and the engine light immediately came on, we went back to get the oxygen filter fixed, which they did fix. Again we left thinking the car was in good condition, they said it had just received an oil change before our purchase. A week after this the oil light came on and we again brought the vehicle in to be checked. The vehicles oil was bone dry, they added 4 quarts and recommended we the car to the Toyota Dealer. We made an appointment and took the vehicle to a Toyota dealer to get a further assessment and estimate. The final estimate was $7700.00 plus tax to repair the entire engine and that was with a used engine they had found with over 100k miles on it. VanHorn Budget Auto has refused to pay anything towards the car after we had waited to hear if they would take care of a car that clearly had major issues with it before we purchased it.
In regards to the warranty, they are correct that none was purchased. Our Toyota mechanic who has reviewed the car has stated in writing that this car could of in no way had the issue after it was purchased on 6-18-13 but insists it was before the car was purchased because of the type of issue the car has. When purchasing the vehicle it was clear the oxygen sensor/filter was in need of replacement and Sheboygan Auto said they would replace it, but that it was the only issue with the car. The Toyota mechanic has also stated this is a well known running issue with Lexus RX300 and when this issue occurs any good mechanic would further diagnose the engine for other issues and would have also found the oil pressure being lost and replaced the parts before the engine needs replacing. He then stated Sheboygan County Budget Auto should have never quickly sold the car until a further diagnosis was done. Therefore the car was never sold in good condition as they stated it was and it never fully received the tests it needed to begin with BEFORE selling us a terrible car and not disclosing to us it had major issues.
The disclosure states that the car is sold in good condition and that any issues (major or minor ones) would have to be legally disclosed to us. Which it was not. Therefore the car was not sold in good condition and no issues were disclosed to us. We had oil added to the engine 1 week after purchase and 2 weeks after that in which we have kept all receipts. Why then, if the car was sold in good condition would we have needed oil added to the car that was sold to us in good condition. The statement we signed also means any FUTURE problems would be ours to take care of, not current ones, it also states that you are supposed to have tested the car and driven, inspected. In which case you would have found an issue with the car and never sold it to us in the first place. The dealer who sold us our car, Tom Artabasy, said the car had not been driven or had the drive test. So obviously they should not have legally sold us the car without proper tests being done and completed. They also should not have even listed the car without it being user ready for a sale.
If we had known the car had ANY issues we would have never purchased this car. We have been advised by our lawyer and by the mechanic to seek resolve with the company before seeking any legal action in regards to our vehicle. And since Sheboygan Budget Auto is unwilling to right their wrong, we will be seeking further legal action towards them.
In WISCONSIN Dealers are not required to do any diagnostics on cars, drive them and there is no lemon law in Wisconsin in regards to used cars before selling them. We are one of the few states. So be warned about this company. Although they know what they did is wrong, all they can say is that we did not buy a warranty, which this would not of been covered by even if we had. So be warned when you buy ANY car from not just this dealer but any dealer - they can basically sell you a lemon and will turn their backs on you because legally they are not obligated to help you. Even though My husband is a Doctor in the community and I also own a business. They will be VERY sorry, word of mouth and reviews will be posted Everywhere warning others of these people who may be technically following the rules, but have no conscience for families buying their cars.
This report was posted on Ripoff Report on 09/11/2013 12:22 PM and is a permanent record located here: http://www.ripoffreport.com/reports/vanhorn-sheboygan-county-budget-auto/plymouth-wisconsin-53073/vanhorn-sheboygan-county-budget-auto-tom-artabasykyle-fale-car-dealer-gets-away-with-sell-1083651. 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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