Monday, July 23, 2007

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

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