I purchased a used 2002 Kia Sportage Sunday 11/30/08 from a car dealer called Quirk Auto Dealership located in Braintree, Massachusetts. I test drive the car and asked if anything mechanically was wrong with the vehicle and both salesman Allen and Charlie reinsure me that the car was in mint condition and that the car was thoroughly inspected for all safety points and that I'm getting a good car with very low mileage. I tried to back out the deal when I didn't understand the different fees that they added into the contract after I sign one of agreement but they explained to me that all dealership have the same fees. I purchased the car because it only had 38,000 something miles, it drove nice and quiet, it look clean in and out, the body was in very good condition and the price was in my budget. The second day I started the car up and notice a strange faint smell of fumes coming from the front vents in the car. I had to roll down both front windows. The smell only lasted until about 2 or 3 minutes. It takes me 30 minutes to get to work and I have to take the highway to get to work but didn’t smell it again after rolling up the windows. I didn't smell the fumes again until I started the car to go home. I called the dealership the same day and asked for Allen the salesman who sold me the car. I called the same day and they told me to drive the car back to them and their mechanic will take a look at it but that I should call to make an appointment first. I could never make it there while their mechanic was there because it takes over an hour to get to Braintree, MA from Bourne after work and their mechanic left at 5:00 pm. I didn’t get out of work until 4:00. I knew I wouldn’t be able to take more time off work because I was in a car accident and used a lot of time off work to make appointments to find a car. I told Charlie I would leave the car at home and tried to get a ride to work until Friday or Saturday. I asked Charlie if they could loan and he told me to leave a message for Allen and he would get back to me. I never heard back from Allen or Charlie.
On Friday 12/5/08 morning I started the car in the morning and didn’t smell any fumes. After work I got in my car started it up and I didn’t smell any fumes until I got onto the Bourne rotary at 4:45 PM. My cell phone rang I answered the Bluetooth phone in my ear and it was my youngest daughter asking me where I was and what time I would be home. I told her I was sitting in traffic at the Bourne Rotary. After talking awhile with her she said “your words are slurring are you tired” I remembering telling her I smell gas from my car and then I started choking. I remember putting the car in park and trying to get out the car but I forgot I had locked the doors and you have to unlock the car by pulling up the locks. I panic because I couldn’t really grab hold of the locks. I remember putting the car in park and unlocking the car. I had trouble breathing from the smell of the fumes and I was coughing a lot. I finally got out the car and from what I can remember a woman who later told me her name was Nicole Tompkins came to my rescue she was holding me. She said I fainted on the grass and she called an ambulance she said she smelled gas from my car and she shut it off. When the officers arrived they also smelled the gas odor that was coming from my car from where they were standing.
The police asked me a few questions about the car. I explain that I purchased the car on Sunday 11/30/08 from Quirk Pre-Own Dealership in Braintree, MA. The police officer said they are going to have to have the car towed because it was unsafe to drive due to the smell of gas. The officer wrote down the number to the towing company and asks me to have the car inspected for gas fumes. The EMT’s exiled me and escorted me to Tobey Hospital. I was examined by a doctor and a few had blood test taken. I was complaining of a headache and felt like I was dopey. The doctor gave me some oxygen and Tylenol and ran a CAT scan. I was diagnose with exhaust exposure and headache and was instructed to take Tylenol as need and to get my car inspected for gas leakage.
Saturday 12/6/08 I called the Quirk Auto dealership and left a message on Allen’s voice mail. Allen is the sales person who sold me the car. I explain what had happen to me and the car the day before. He called back and said “that’s was to bad what had happen to you but you should had drove it down to us as soon as you was having problems with the car. After explaining my situation with not being able to take more time off work and I did ask if they could tow it but they said that would be my responsibility to bring the back to them. We pretty much went back and forth about whose responsibility it was for the towing. I explain to Allen that the police in Bourne MA had the car town due to the smell of gas and it wasn’t safe to drive. I told him the car was towed to Portside Auto in Bourne. He told me to talk to his boss about the towing on Monday 12/8/08 I called Allen’s boss Charlie, I explained to him what had happen over the weekend with the car and he told me to talk to the person who sold you the car. I told him that I already spoke to Allen and he asked me to speak with you about whether or not they were to get the car and he said well, where is it. I told him and he told me to hold on. Charlie asks me to talk to their Auto Mechanic, Lee and explain everything to him. I spoke to Lee, who was very nice to talk with and explain everything to him and he ask me where the car was located. He said he would go and get and take a look at the car. I asked when a good time to call him back was. Lee asked me to call back around 3:00 PM. I called Lee at 3:00 PM but he said he wasn’t able to get the car because they were very busy today but that he would pick up the car tomorrow. I called Allen and explain to him that Lee wouldn’t be able to pick up the car until tomorrow and if he would loan me a car to use so that I could get back and forth to work while they was repairing the car. Allen explains to me that He couldn’t authorize it and that I would have to ask his boss, Charlie. He connected me to Charlie. I asked Charlie if he could loan me a car and he said we have car rentals and it wasn’t going to be free that I would have to pay for it. He also explains to me how much it was coasting them money to pick up the car and that they were not going to pay for my car rental. We ended the conversation and I rented a car from Enterprise Car rental at my own cost. I’ve sent this complaint to the Attorney generals office. They called Quirk pre-own and came to an agreement to take the car back and pay off the car loan and refund my down payment. I drove to Quirk Pre-own and they wanted me to sign a statement they printed up. The agreement said they was going to return my down payment and they told me after I signed it they would hand me over a check that was right in front of me for $2000.00. I asked them what about he load pay off and the rentals I had to charge on my credit card. They said they weren’t going to pay anything more then a check they had ready for me and I was not to ask for anything else. To this day they have the car that I don’t want any part of and I’ve been paying on the loan so I don’t ruin my credit
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