HOUSTON, TEXAS -- I recently posted a review for Clear Lake Infiniti, Houston, Texas. After posting my review, I received a few comments, mostly saying I should just take my experience as a lesson learned and move on.
I have decided to repost my review, with more facts, more objectivity, including more legal commentary, in support of my complaint.
My wife and I needed a car, and after a few weeks of researching online, we went in person to Clear Lake Infiniti. I had a car in mind, test-drove it, and after applying for credit, we were told that the "Lender" would not finance this particular vehicle because it had more than 90,000 miles (*it had 91,000). I asked if it was a policy of the "Lender" and I was told that it indeed was. After looking at several other cars, I decided on another, similar to the one I wanted (*Honda Accord), except a newer model, with less miles, and of course a little more pricy. No problem.
We then signed a Sales Contract with a 13.9% APR.
We took the car home that day, and during that same week, Mr. Dang, Finance Director, contacted my wife to come in because they had not been able to finalize the deal with the "Lender."
We went in the following week, and Mr. Dang began to talk with a Lender on the phone and was negotiating with them. When he got off, he told us that he had extended the "Number of Months" from what we had originally agreed (*60 to 72 mos.), but he did not tell us anything about the interest rate.
Because he did not inform us that there had been a change to the APR, we relied on his representations (or omissions, better yet), and signed the Contract. A few days later, when I detected this, I contacted Mr. Dang, the Finance Director at Clear Lake Infiniti, and did not get a response. It's funny how fast they respond to Sales Inquiry, but not to the customers who already helped put some capital in their paycheck.
Anyways, my complaint does not only include what occurred during the Sales Transaction. After sending a complaint/inquiry to Mr. Dang and not receiving a response, I submitted a Complaint Form to the Attorney General of Texas-Consumer Protection Division. I copied Mr. Dang with a soft copy of this complaint, and he responded by calling me to my "place of employment" immediately, the following day, in what turned out to be a "harassing" phone call. In his call to me, Mr. Dang made both harassing statements, directed at both my wife and I, obviously intended to deter us from proceeding in the complaint process. Mr. Dang further attacked our personal characters, at one point criticizing us for having "marginal credit", for not being able to decide which car we wanted, as well as other harassing statements. What is also interesting to note, is that Mr. Dang said if I sued them for this, that "Mr. Fisher" was Clear Lake Infiniti's Attorney, and that Clear Lake Infiniti was owned by "Fred Haas." I did see the relevancy between his statements and the complaint at hand, but I quickly figured that again, these implied "threats" were nothing but attempts to deter us from proceeding with a complaint.
I am not sure which legal doctrine fits with this situation. At this point, and until further research and discovery, I believe that Clear Lake Infiniti, as a result of Mr. Dang's actions, have committed the following:
Related to sales transaction:
1.) Negligence (*Misrepresentations/Omissions);
2.) Fraud (*Fraudulent Inducement intended to induce customer into purchase)
Related to personal injury occurring after transaction:
1.) Intentional Infliction of Emotional Distress (*harassment)
I would like to note that the investigation(s) into this matter is continuous.
Thank you for your time and attention.
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Slight circumstantial evidence of fraud
Posted by Pro Se Consumer Advocate on 04/23/2007
On December 21, 2006, I was involved in an unfortunate car accident that caused me to lose my car. This put me in a desperated position, needing to urgently replace my lost automobile. I immediately began the research, and browsed several websites, looking for a Used Car to purchase.
After visiting Clear Lake Infiniti's website, and speaking to a Salesman, Buddy King, my wife, my daughter (2 years old) went to the Clear Lake Infiniti car dealership. This is where our nightmare began.
We thought we would have some straightalk after running my wife's credit, since she was applying on her name alone. What followed was like an hour of waiting, when I began to feel like we were being made to wait on purpose. Finally, after asking Mr. Kyle Dang, Finance Director, about what our rights were to negotiate the APR and the other terms and conditions of the Sales Contract, we hardly got a straight answer to any of our questions. Neither did Mr. Kyle Dang inform us of our rights to negotiate. At one point, I asked him if he could show me what APR's were available based on my wife's credit, he wrote down on a piece of paper, "11.9 for 4 years; 12.9 for 5 years; and 13.9 for 6 years." I did realize then, but understand now, why he wrote this on a piece of paper. I now believe it was to destroy any evidence that might show what he was representing to us.
Then things got a little more twisted. After not being informed of any rights available to us, even after I continually asked, we accepted a financing deal that included a 13.9% APR, for 5 years (60 months). We were made to wait awhile while they cleaned the car, then we left with a Sales Contract we were not too content with, because I felt for various reasons that I tried explaining to Mr. Kyle Dang, that the APR was too high. Nevertheless, we agreed to these terms.
In the week following this transaction, my wife got a call from Mr. Kyle Dang, Finance Director, at Clear Lake Infiniti, at her place of employment. My wife returned his call, and he told my wife that her and I needed to go back to the dealership to finalize our transaction. Not completely understanding what was going on, we returned to the Car Dealership the following weekend, on January 23, 2007. At this time, Mr. Dang told us he needed to "rerun" the credit, because he mentioned some issues with the Lender. At this time, my wife left the room to go buy milk for my baby daughter. Mr. Dang got on the phone with the Lender and was apparently negotiating with the Lender, who he said was "Citifinancial Auto".
After he got off the phone with the Lender, Mr. Dang waited for my wife to get back into the room, then proceeded with telling us that he had renegotiated the "Number of Months" so that the monthly payment would be lower. However, he did not inform us of the "rise" in the APR. Then, before signing the "new" Sales Contract, we were unaware of the "new, higher APR", and we believed that it was the same as before. I also did not understand why Mr. Dang would have renegotiated a Sales Contract, that ultimately turned out to be worse for us. I suspected then, and still believe now, that Mr. Dang was operating for his own benefit, mainly his commission pay for the transaction, rather than for our benefit as consumers.
With that said, I was reviewing the Sales Contract later that week, when I stumbled upon the slot with the APR, and sure enough, it was "3.0 %" higher than the one we thought we were agreeing to "13.9%". Then began the emails, and subsequently the complaints to various private and public agencies about what happened.
At this point, what I believe were fraudulent misrepresentations made by Mr. Kyle Dang, Finance Director, were made on purpose, and with the intent to induce my wife to signing a Sales Contract with terms and conditions were not made aware of. I know we should have looked it over before signing, but we trusted what we were told, and we relied on Mr. Dang's representations to our detriment.
After doing the math, it turns out Mr. Dang "renegotiations" with the Lender cost us in "Total Amount of Dollars" about $3,300.00.
Most damaging, after I emailed Mr. Kyle Dang two times, he finally responded by calling me to my work, and making demeaning statements about my wife and I. I was very emotionally distressed, and Mr. Dang was very harassing on this phone call, at one point telling me that if I was going to plan to sue over this, that "Mr. Wayne Fisher, [Attorney at Law]...was the Lawyer for Clear Lake Infiniti." He also tried to intimidate me further by saying that "Fred Haas owned Clear Lake Infiniti...", although I did not know what exactly he was implying, I understood his words were meant to deter me from continuing in the complaint process, to scare me and threatening me from pursuing this further.
Words cannot describe how horrible it feels to know that we were taken advantage of to a grossly unfair degree. Even worse, as a consumer, I felt I had done everything I could to prevent something like this from happening. I believed that the staff at Clear Lake Infiniti would handle us with ethical professionalism, and instead, we received treatment that I believe is not only fraudulent, but borderline criminal. I believe Mr. Dang knew full well what the negative effects of his actions were, but he failed to properly advise us and inform us of what we, by law, were entitled to be told.
Needing another car to get me to work was so important, that I knew I would have to purchase a car soon.
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Bad Customer Service at this Dealership
Posted by 5cents on 09/23/2006
HOUSTON, TEXAS -- I am having an annoy experience with the customer service at Clearlake Infiniti of Houston, TX. Want to share this experience. Please be aware, avoid this dealership if you don't want to be buying an infiniti and getting the customer service of a Chevy.
I traded in a car titled under my mom's name, an purchased a 2006 Infiniti G35 program car at this dealership. All sale and licensing paperwork I signed indicated I purchased the car and the title goes to me. As I was signing the paperwork for the title application, Kyle Deng, the finance manager facilitated all the paperwork told me that by paying $50.00 having the dealership to get the title, I can save myself a lot of hassle and extra leg work. At that time, I did not know how comical and ironic his comments were.
When I received the title, it was under the wrong name: my mom's name was on the title instead of mine. I realized this must be a simple error, I thought that one simple phone call would solve the problem. But I could not be more wrong. I left messages on the Finance Director, Kyle Deng's voice mail for three days in a roll (Friday, Monday and Tuesday), explained the situation and asking him to simply give me a call. Heard nothing. Went to the dealership on the fourth day, but Kyle was out for the day, talked to the sales manager, Macros, he asked me to writing down all my information again and promised to pass it along to Kyle. Then, no response again next day. Start to leave message on Kyle's machine again for another two days, total of 5 messages and one visit, still not heard one single word from Kyle or anyone from the dealership. After a week passed, I was really aggrevated with this "Silent" treatment. and called their switchboard and insisted that I have to speak to Kyle.
When Kyle got on the phone, not only there was no apologies, he was short with me. Asking me to explain to him how could the paperworks I filled for title apps. was under my name but the title went to my mom. How funny... As I start to complaint about his lack of response, he blamed it to miss communication between him and the sales person under Marcos (funny Marcos did not see it that way when I went to talk to him) and practically hang up on me.
I finally called the General Manager. He apologized for Kyle, and promised to resolve the issue next week....so, I am crossing my fingers and hoping that will happen next week.
In summary, if this dearship can make a simple clerical error into a two week long aggrevation for a customer, think about what would happen if you really had some problem with the car, and require the dearship to cough up some serious money to solve you problem...
One more thing that was even more comical, as I was fuming about not receiving any phone replys from Kyle after 3-4 messages, I received a fruit basket from the dearship to thanking my purchase and asking me "not to heasitated to call them" how funny.