On 10-24-2008 I was contacted by Autobank Center of Miami Florida through Autotrader.com. I was replying to an advertisement for a 1999 BMW 740LI with less than 66,125 miles. The car was advertised as a one owner car in excellent condition. So I spoke to the sales person [snip] several times inquiring about the condition of the car. He stated on numerous occasions that the car was in mint condition. That once I received the car, I was going to want to keep it. I clearly asked him the policy if the car is shipped and it does not meet my expectations, then I would pay to ship it back. The shipping cost was quoted at $500 to ship the car from Florida to North Carolina. The delivery driver told me the fee was only $300. I was paying the shipping cost, but yet they added an additional $200.00. So that was the first misrepresentation.
The shipment of the car arrived in NC on 11/6/2008. Immediately upon seeing the car, I knew this was NOT the car in the photographs advertised online. The condition of the vehicle did NOT match the photographs that were advertised on the dealers Website. The car had scratches and dents all over it. The car looked as if it had been picked up from a salvage yard! The bottom spoilers on both sides of the car were falling off. The BMW emblems on the trunk and hood were also missing. That photograph of the Super CLEAN engine on the website was now covered in oil and dripping oil in my drive way. The service engine light was on! We started the car and we immediately started smelling burning oil. The car was making a loud knocking sound so we turned the engine off in fear that the engine would blow in our possession. We knew this car would NOT pass NC inspections laws! The interior photographs were absolutely NOT the same car that was on their website. The dash was completly different. The photograph that the dealership advertised on their website showed a dash with mileage of 66,125 miles. When the car arrived it had an additional 750 miles on it and the car had been shipped! On the website the dash also showed a screen, when the car arrived there was NO Screen.The driver seat was worn and cracked. The driver seat panel was broken off. The photographs that were on the website reflected seats that looked BRAND new and never been sat on. The seats were immaculate in the website. The car that arrived were in terrible shape. They had been repainted and you could easily see the over spray of the different color paint. The floor carpet was dirty and stained. However the picture on their website showed bright blue freshly shampooed NON stained carpet. The website showed pictures of brand new tires. The dealership said was the reason they did not have room to go down on the price because the car had $1800.00 tires on the car. The car that arrived, the tires were flat. The right front passenger wheel was damaged and the brake pads were completely rusted. All of the tires were different brands! It appeared this car was damaged by flood or had been sitting in a salvage yard for a long perod of time. The dealership claimed that this was a one owner car, however the Carfax showed 3 previous owners. The dealership also stated the car was fully inspected. It states it clearly on the front page of their Website! If the dealership had the car inspected, they would have known the engine light was on and it was leaking oil! Right? Once I realized that this was NOT the same car advertised on the website, I contacted the dealership immediately while the delivery driver was present. I began explaining to the Sales person, that this was NOT the car I purchased online. He quickly responded that he would knock off $500 and I better take it because he could tie this up for years in court. The driver indicated that when he picked up the car from the dealership the cars engine light was on then and he also heard the loud knocking sound. So the dealership knew this before he shipped me the car! I was devastated! I realized at that moment...I had been scammed! I rejected the car and did not accept possession. I did NOT sign the title, and therefore mailed it back thinking that they would have to Refund my money. Needless to say, I have NO car, and NO money! The dealership is refusing to refund my $11,000.00 that I had wired them in good faith to preview the car. I really hope you can help me. I have no money for attorney fees. I had to borrow the money to purchase a car. Please help me, this is causing my family more hardship and stress.
My father is dying of Cancer, so I that is what I need to be focused on during this Holiday season. Unfortunately it will be his last. I have three small children under the age of eight. We need transportation. I thought I was being wise with all of the research. Not to mention, the dealerships advertisement stating that EBAY rated them the #1 dealership for two years in a row. I feel this dealership is guilty of FALSE ADVERTISEMENT and DECEPTIVE Business Trade practices. Please look into my claim. I have all the documentation, emails, advertisements and over 30 photographs of the car that arrived VS the car advertised on the website. The car reMained advertised on Autotrader.com the entire time I was waiting for the car and even after I made the first deposit on 10-24-2008. Therefore the dealership has lost nothing and I have lost everything!
Respectfully requesting your help,
Connie Arstark from North Carolina
Also can you post this for Miami Florida TV Stations as well since that is where they do business!
I have filed a Police report with the City of Concord in North Carolina. Report #08-20607 with officer Turner.
This case is a FELONY fraud case and can be prosecuted! I need your help and support to get the Attorney Generals Office to do something quickly!
I have filed claims with the Better Business Bureau in Fl, Consumer Protection Agency, DMV in Miami FL, Attorney Generals office in NC & FL and directly to the dealership. I will NOT stop until justice is served!
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