Revocation of Acceptance - Part 4

It's been a couple weeks since I revoked acceptance on the Impala and as of last night the dealer still hadn't arranged a time or place where he could take the vehicle in exchange for refunding me my downpayment plus the repairs that I ended up paying for even after he said that he would do so. When my wife finally got home from taking care of her Grandmother (she just had knee surgery), we drove to Auto King of Grand Rapids and I dropped the car off at his lot along with a note to contact me to get the keys. It also mentioned that I was expecting to receive my money within 10 days.

Early this morning I also faxed the note to the dealership as well as sent it to Chris Buben in an email. I then wrote a letter explaining this step and faxed it to the finance company. I informed them to contact me via email with any questions.

Revocation of Acceptance - Part 1
Revocation of Acceptance - Part 2
Revocation of Acceptance - Part 3

Revocation of Acceptance - Part 3

After calling, mailing, and faxing, I finally got a response from Chris Buben of Auto King of Grand Rapids. His response came in the form of an email from cbuben@sbcglobal.net. He basically said, "nuh-uh, you can't do that." He must have completely ignored the letter itself as well as the supporting documentation.

Let's go over some of the funnier parts of the email (his portion in green):

We need to get the car to our mechanics and go from there.

Would this be the same mechanics whose shop at your dealership didn't even have a common car fuse?

You can't simply decide you don't want the car any more because it has a couple mechanical issues.

Actually, if you had bothered to read the letters and fax I sent then you would be aware that the consumer is allowed to do just that if the defects substantially impair the value and also fulfill one of the following conditions:

• Defects were supposed to be fixed and have not been.
• The buyer's initial acceptance was caused by difficulty of discovery.
• The buyer's initial acceptance was influenced by the seller's assurances.
• The product sold is not fit for ordinary purposes (e.g. a car should start and run).
• The seller used "unfair, unconscionable, or deceptive methods, acts, or practices"(as set forth in the Michigan Consumer Protection Act).

I can meet all five instead of just one, so this will be a slam dunk if it goes to court.

I wonder if he thinks I'm not serious. The longer this goes on, the more it seems like he's just hoping I'll give up. Well I've got news for him, I'm not a big fan of being screwed over and I'll gladly spend a day in court to get things right. He's just making things harder on himself because he'll end up having to pay the fees and costs is this goes to trial. On top of that he'd probably drag his feet on paying the judgment and I'd end up having to go through a seizure of property.

Part 1
Part 2

Revocation of Acceptance - Part 2

The mug pictured sure isn't me, it's Chris Buben from Auto King of Grand Rapids. He's the seller that I briefly mention in part one of this little story. I was hoping that there wasn't going to be a part two, I naively believed that Mr. Buben would act like the upstanding businessman that he claims to be; but I should have known better.

I've always shied away from used car dealers and bought from private owners due to the less than stellar reputation that used car dealers have as a whole. However, since the wife was against going to a private party, we compromised and went to a smaller local dealer because we (it turns out wrongly) believed that they would be more honest than your average corporate-type dealer.

I called Auto King with my revocation of acceptance on Tuesday morning, as of Wednesday morning I still hadn't heard from them so I sent a letter as well. On Friday I called the finance company (UAC) and informed Steve of the situation. He stopped short of calling me; but just barely. He actually had the gall to lie to me and try to say that I had no recourse against them because all they were doing is financing the purchase. Of course that would require me to ignore the bold print statement at the bottom of the contract which states (as required by federal & state law):

NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

After calling him out on it he fell back to the "well, neither of us are lawyers" defense and I ended up just faxing the letter and all supporting documentation to his office at 616-949-9690.

As of this morning I still haven't heard back from Chris Buben with a time and place where we can exchange the vehicle for the downpayment plus the repair costs he was supposed to cover. So after a bit of digging I found their fax number ( 616-261-3361 ) and faxed a copy of the letter that I mailed to him last week. I also re-faxed it to UAC since I still haven't heard from them either.

Part 1
Part 3

Proposed 20,000% Tax Increase

Yes that figure is correct. Congress wants to increase the current cigar tax up to 20,000%. You might be asking yourself, what kind of horrible product would deserve such an outrageous tax increase? The answer is the oft maligned demon weed in it's best form, the cigar.

Via the St Petersburg Times:

As part of an increase in tobacco taxes designed to pay for children's health insurance, the nickel-per-cigar tax that has ruled the industry could rise to as much as $10 per cigar.

"I'm not sure in the history of man, since our forefathers founded the country in 1776, that there's ever been a tax increase of 20,000 percent," said Newman, who runs the Tampa business founded by grandfather Julius Caesar Newman. "They had the Boston Tea Party for less than this."

My coolerdor's cigar stock would last me for years if this atrocity were to actually become law; but beyond that I guess I'd do what many do now with Cubans and order overseas by a company that ships said packages discretely.

Revocation of Acceptance

This morning I called Auto King of Grand Rapids and informed them that I was revoking acceptance of the vehicle. The car in question is a 2005 Impala that is probably flood/water damaged. I let them know that they could call me to arrange pickup of the car as well as refunding my down payment.

Problems so far:

• The radio was locked (while it was on the lot) he agreed to fix it; but I ended up having to take it to a Chevy dealer. It turned out that the radio wasn’t originally from that car (even though the dealer claimed that it was).
• The wipers didn’t work. I called him about this the next day and he said to bring it in. I poked around a bit myself and discovered that the fuse had been pulled. After putting the fuse back in and turning the car on, the wipers went vertical and stayed that way. They wipe now; but their rest position is vertical.

Before I took it to him, I pulled the fuse and pushed the wipers down (just as they apparently did). He acted dumb when I got there; but his first suggestion was the fuse. He then suggested that I get a fuse from the dealer the next day (that was when I had the appointment for the radio at the Chevy dealer). I asked him if he had a fuse and he said no. They have a garage on-site. It seems kind of strange that there weren’t any fuses in their garage and that he knew this without having to check.

• The rear defroster doesn’t work.
• I was attaching my daughter’s car seat when I noticed that if one looked where the upper and lower parts of the back seat join, you can see a lot of rust behind them. It takes something pretty severe to rust the interior of a car that badly.
• A lot of the instrument lights either don’t work or work intermittently.
• The listing says that the car has power seats; but only the driver’s seat is powered.
• Sometimes the car won’t start. It’s happened to me a few times now, it will turn over; but for some reason the car won’t start.
• It stalls too. It happened to my wife the other day with a witness in the car. It hasn’t happened to me yet; but at least now I won’t be too surprised.

I’m waiting until noon or until Auto King calls me back before I inform the finance company. From what I’ve read, they’re bound by the same regulations as the dealer since the dealer arranged the financing.

Folowup:
Part 2
Part 3