This was a letter to the Better Business Bureau (SD) to inform them to the fraudulent activities that goes on Kearny Mesa Infiniti Dealership…
Dear Business Bureau:
1) Used vehicle disclosure/misrepresentation: Contrary to a promised “flawless vehicle delivery” and “new” G35 Sedan, Kearny Mesa Infiniti knowingly tried to passed off a damaged used sedan with a dent as being in mint new condition on 12/31/2007. There were already 25 miles driven on the car upon the odometer disclosure, whereas all the other new vehicles on the lot had only 4-8 miles. Under the Automobile Sales Finance Act (ASFA), a dealership cannot misrepresent a car as “new” to customers if it has been used as a demonstrator vehicle, not to mention that the car also incurred damage during this process. This is a serious offense in California, or any state for that matter. It is also obviously contrary to the sales consultant’s (Matt Jones) claim of the car being “fresh off the truck and still wrapped in plastic” on the evening of the sale. Mr. Richard Newendyke, general manager, acknowledged that a damaged vehicle was delivered to me. The fact that the car needed repair negates any claim by Kearny Mesa Infiniti that a “new” car was sold to me.
2) Contract negation with involvement of fraud: There is provision in the sales contract for negation of the entire contract with involvement of fraud. I do not honor this sales contract given the delivery to me of a damaged, used vehicle instead of the “flawless brand new car” promised. The fraudulent claims that I was given the choice of selecting another car with similar colors/specifications, the questionable practice of misleading the consumer into driving the car off the lot with a damaged used car VOIDS this contract.
3) False claim that consumer was offered similar cars in inventory: Mr. Newendyke’s claim that I was offered another car since “there were other colors available with the same options” is completely false. Mr. Newendyke was not even present on the evening of the sale on 12/31/2007. His second hand information has led him to make fraudulent claims. I had asked the salesperson (Mr. Jones) for another vehicle with similar specifications and colors on 12/31/2007 upon disclosure of the dent, but he stated that there was none in his current inventory.
4) Exploitation of consumer good faith: Had Kearny Mesa Infiniti offered to repair the dent of the brand new vehicle on site, I would not have driven the car off the lot (which on hindsight is precisely what this dealership wanted to their advantage). I was instead offered a mobile repair service to come to my home on 1/2/2008. The poor quality of the repair has already been detailed in my 1/2/2008 and 1/9/2008 letters. The technician (Dent-Pro) stated, “The repair would not change the overall fit and finish of the vehicle. The problem is a dealer’s existing problem and/or manufacturer defect.”
5) Threat of collection by Kearny Mesa Infiniti dealership: Mr. Newendyke’s threat in his 1/27/2008 letter of a collection agency to get the entire down payment constitutes an even more serious crime given that fraud has been committed in this sale. A stop payment is within my rights as a consumer under Regulation E. Funds on the remaining down payment will be withheld indefinitely until this issue is resolved. I will seek legal counsel to ensure that Mr. Newendyke and his staff are prosecuted to the fullest extent of the law, if he attempts to injure my credit rating by employing collection agencies to collect the down payment.
Sincerely,
Disappointed Consumer
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