Avid car collector or exotic and classic cars. - CorvetteTx
Avid car collector or exotic and classic cars. I found a 1991 Lincoln Mark VII LSC a few days ago on Gateway's Denver website. I owned a new one back in 1989 and have always had an affinity for them. That being said, I phoned and was told the car was in amazing condition and that the owner was a collector, himself. I made an offer and they immediately accepted it. That same day and time (around 4 p.m.) Gateway sent the electronic documents and I immediately returned them the same day. The next day (Thursday) I wired $17,000 to Gateway and told them I would be flying in on Friday to drive the car back to Dallas. I arrived after 4 p.m. and close to closing time.
The salesman (Scott Yockstick) didn't offer to send someone to the airport for a ride, so I took a $96 Lyft. I arrived at approximately 4 p.m. Scott (salesman) remained on the phone and just acted as though I was wasting his time. Fifteen-(15) minutes later I was taken to the car and Scott didn't walk around the car with me, ask me if I first wanted a test drive, or anything. Just here's the keys and that's all. He was very rude and just put off for no reason. I asked for the title before he showed me the car and Scott and Jess (Showroom Director) stated that they didn't own any of the cars and that the consignor/owner of the car would be coming in next week, from out-of-town, to sign all of the documents effecting a sale of the car from him to the dealership and to collect his money from Gateway. Then, and only then, would Gateway send me the title so that I could register the car out-of-state.
Finally, Scott pointed towards the warehouse and shoved the keys across his desktop. I went to inspect and test drive the car and it was bone dry empty of fuel. Not offering to ride with me to test drive the car, or do a walk around, I took off to a gas station, literally a couple of blocks away, to again get gas and test drive the car. As soon as I got up to 40MPH, the transmission starting slipping and the transmission stop moving the car forward. You could smell a burnt smell inside the car. I filled it up and took it right back, asking that they contact the seller and demand that he repair the powertrain or I would not be purchasing the car. I had not yet gone a mile and had been gone for about ten-(10) minutes. I recall looking at my watch and at this time it was 4:25 p.m.
Scott (again, salesman) demanded that I go around the block and prove what I was alleging, because the car arrived in working condition, but had never been inspected by Gateway, and claimed they had no mechanics onsite. When I took Scott around the block he agreed the transmission was out and it was unacceptable. At this point it was dusk and I pointed out to Scott that the headlamps didn't even work.
Upon returning to the dealership, Scott claimed the headquarters was closing in 25 mins and it was too late to call anyone. He didn't propose any solution or action. I asked that he call the owner and have him agree to repair the car or I was not taking delivery and not going to purchase the car. He claimed to call the owner and further claimed the owner refused to do anything.
Jesse Cirasiello represented himself as the "sales manager" and said he called his boss and his boss said I had I purchased the car "as-is" and they would be doing nothing. I pointed out that "as-is" isn't a free pass to falsely advertise a car, make explicit and implicit representations as to the condition of the car, and/nor make it lawful for a Colorado to sell a car that is considered "unsafe to drive." If you sell a car an unsafe car with a slipping transmission, as-is, you must tell them that the car doesn't have a transmission or working headlamps.
As they then started locking up and Jesse drove off, I left the car and told them I was going back to Dallas and the keys were in the car. After a short argument about me leaving the car, I had Lyft pick me up and take me back to the airport. A subsequent title search reflects a “bonded title” which wasn’t disclosed.
Today, as I flew home, I received an email from Jesse Cirasiello which informed me that I had abandoned the car and needed to remove it, immediately. He further made false claims as to what had transpired less then 24-hours earlier.
Facts:
1) The dealership sold me a car that they had yet to purchase.
2) The dealership fraudulent advertised and made representations that would lead a reasonable person to believe the car was in excellent working condition, not needing any repairs.
3). Notwithstanding the above, the dealer fraudulently attempted to sell a car that, by way of it stalling at a speed of 40 MPH or more and no working headlamps, was "unsafe" and could have lead to one being rear ended or caught on the highway with no working headlamps--all of which is in violation of Colorado state statutes which are governed by the Colorado Dept. of Revenue.
A formal complaint of fraud has been filed with the Dept. of Revenue and the Better Business Bureau and legal action forthcoming.
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