J
Jonathan99103
Guest
- Jurisdiction
- New Jersey
Hello everyone! I need legal advice on a current situation.
Question: I would like to request a full refund for the purchased vehicle to payoff the car note for Breach of contract. The contract signed says I can request a full refund if the vehicle did not pass state inspection which it has not.
Story: I financed a 2007 Hummer H3 through a Used car dealership in Morristown, NJ on September 3, 2016. It had 65,682 miles on it, new tires, all in cost $20,530.97 with a 3,000 mile, 3 month warranty of powertrain/electrical etc. I took it to my mechanic. Mechanically they said it looked sound even though it look like someone has sprayed black paint on the undercarriage to cover up rust and there has been an additional accident/ body work done to the Hummer beside the reported 2009 accident. Engine light was on. He said he would check it out and it would be no problem. Vehicle was not cleaned. They said they would take care of it. Vehicle was purchased for everyday use, not for savage or parts. I got insurance on the Hummer that day and drove off the lot. Returned it Tuesday to have it worked on 9/12/16.
Timeline:
9/3/16: Financed car (Labor Day Holiday)
9/4/2016: Battery Died on Hummer
9/12/16: Brought Hummer to Dealer to for Check Engine light, dead battery, audio speaker dead on right passenger side, immense shaking when Hummer hits 65 to 75mph.
9/13/16: Returned Hummer, Said they put in a new battery, repaired speaker (they did not repair the speaker- I had to buy all new ones)
9/26/16: Installed at Best Buy Car Installation. Kenwood radio, rearview camera, 2 coaxial speakers, 2 tweeters, 2 rear side door speaker. Passenger and right side rear door speakers were dead.
10/7/16: Failed State Inspection: Codes P0171 and P0302, Check engine light, Vehicle shaking returned at same speeds
10/8/16: Dealer picked up Hummer from residence. Didn't start working on it until 10/10/16
10/14/16: Returned H3 to residence with added approx. 200 miles to the odometer. Sent it out with 67,658 came back 69,990. Dealership is only 30 minutes away approx. 15-20 miles
10/15/16: Check engine light came back on. P0302 code again
10/18/16: Took H3 to my mechanic again to figure out P0302 code issue. Must get H3 reinspected within a month from 10/7/16 after failing first inspection. Mechanic stated the cyclinder and valve head needs to be fixed or replaced. That is causing the misfire/ P0302 code.
10/20/16: Battery died at my mechanic shop. Had to Jump start it to get it to my residence. Battery being overcharged at 15.22 . Key was stuck in the ignition, nothing would come on- no lights, no engine turn over, key fob wouldn't unlock the doors. (that's how I know vehicle battery died)
10/21/16: Dealer picked up the H3 to take to a GM dealership maintenance shop. As of 11/8/2016, dealership has not returned my Hummer.
Dealership will not call me with updates. I have called three times and unexpected popped up at the dealership once to get answers about my Hummer. Dealership is giving me the run around. Will not discuss any other option but "fixing" the Hummer but is not actually fixing it. As recent as 9/2/2016, when I stopped up there, the manager said that it is my fault that I put in an aftermarket car radio that is causing a problem with the OEM computer for it to give a misfire code. Said Best Buy must have cut my wires to feed power to the radio and that is why the vehicle will not work. And that I do not know how these things work as far as wires and supplying power. I asked about the cylinder issue. He said there is no issue, the pressure is fine in the engine. There is no need to replace that. So we unplugged the radio and the misfire code is no longer coming up . Once we make sure nothing else comes up, I'll give you a call. It should not take more than 2 weeks to figure out this problem and repair it. A car in an accident doesn't take this long to repair. My husband called yesterday and they will not return his call. We got the "Oh he is on another call, can I take your information to have him call you back."
I have the complaint form to send to the New Jersey Attorney General office of Consumer Affairs to file a complaint against the company. I would have to file under the Magnuson-Moss Warranty Act because the vehicle is older than 2010. What else could I do? At this point I do not have confidence that they will repair the vehicle up to standard. What help do I have on my side? I did not waive the dealership rights to fixing the vehicle. I have all supporting paperwork, bill of sale, and invoices from the "repairs" in question.
Any advice and guidance would be greatly appreciated. Thank you!
Question: I would like to request a full refund for the purchased vehicle to payoff the car note for Breach of contract. The contract signed says I can request a full refund if the vehicle did not pass state inspection which it has not.
Story: I financed a 2007 Hummer H3 through a Used car dealership in Morristown, NJ on September 3, 2016. It had 65,682 miles on it, new tires, all in cost $20,530.97 with a 3,000 mile, 3 month warranty of powertrain/electrical etc. I took it to my mechanic. Mechanically they said it looked sound even though it look like someone has sprayed black paint on the undercarriage to cover up rust and there has been an additional accident/ body work done to the Hummer beside the reported 2009 accident. Engine light was on. He said he would check it out and it would be no problem. Vehicle was not cleaned. They said they would take care of it. Vehicle was purchased for everyday use, not for savage or parts. I got insurance on the Hummer that day and drove off the lot. Returned it Tuesday to have it worked on 9/12/16.
Timeline:
9/3/16: Financed car (Labor Day Holiday)
9/4/2016: Battery Died on Hummer
9/12/16: Brought Hummer to Dealer to for Check Engine light, dead battery, audio speaker dead on right passenger side, immense shaking when Hummer hits 65 to 75mph.
9/13/16: Returned Hummer, Said they put in a new battery, repaired speaker (they did not repair the speaker- I had to buy all new ones)
9/26/16: Installed at Best Buy Car Installation. Kenwood radio, rearview camera, 2 coaxial speakers, 2 tweeters, 2 rear side door speaker. Passenger and right side rear door speakers were dead.
10/7/16: Failed State Inspection: Codes P0171 and P0302, Check engine light, Vehicle shaking returned at same speeds
10/8/16: Dealer picked up Hummer from residence. Didn't start working on it until 10/10/16
10/14/16: Returned H3 to residence with added approx. 200 miles to the odometer. Sent it out with 67,658 came back 69,990. Dealership is only 30 minutes away approx. 15-20 miles
10/15/16: Check engine light came back on. P0302 code again
10/18/16: Took H3 to my mechanic again to figure out P0302 code issue. Must get H3 reinspected within a month from 10/7/16 after failing first inspection. Mechanic stated the cyclinder and valve head needs to be fixed or replaced. That is causing the misfire/ P0302 code.
10/20/16: Battery died at my mechanic shop. Had to Jump start it to get it to my residence. Battery being overcharged at 15.22 . Key was stuck in the ignition, nothing would come on- no lights, no engine turn over, key fob wouldn't unlock the doors. (that's how I know vehicle battery died)
10/21/16: Dealer picked up the H3 to take to a GM dealership maintenance shop. As of 11/8/2016, dealership has not returned my Hummer.
Dealership will not call me with updates. I have called three times and unexpected popped up at the dealership once to get answers about my Hummer. Dealership is giving me the run around. Will not discuss any other option but "fixing" the Hummer but is not actually fixing it. As recent as 9/2/2016, when I stopped up there, the manager said that it is my fault that I put in an aftermarket car radio that is causing a problem with the OEM computer for it to give a misfire code. Said Best Buy must have cut my wires to feed power to the radio and that is why the vehicle will not work. And that I do not know how these things work as far as wires and supplying power. I asked about the cylinder issue. He said there is no issue, the pressure is fine in the engine. There is no need to replace that. So we unplugged the radio and the misfire code is no longer coming up . Once we make sure nothing else comes up, I'll give you a call. It should not take more than 2 weeks to figure out this problem and repair it. A car in an accident doesn't take this long to repair. My husband called yesterday and they will not return his call. We got the "Oh he is on another call, can I take your information to have him call you back."
I have the complaint form to send to the New Jersey Attorney General office of Consumer Affairs to file a complaint against the company. I would have to file under the Magnuson-Moss Warranty Act because the vehicle is older than 2010. What else could I do? At this point I do not have confidence that they will repair the vehicle up to standard. What help do I have on my side? I did not waive the dealership rights to fixing the vehicle. I have all supporting paperwork, bill of sale, and invoices from the "repairs" in question.
Any advice and guidance would be greatly appreciated. Thank you!
