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Preston Hyundai Complaint - Misrepresentation of Pre-owned Vehicle as New

Review by Satchmo on 2005-08-13
BOARDMAN, OHIO -- I purchased a new 2003 Santa Fe in Feb 2004. Last week I scheduled a service appt and found that my car was not titled in my name after 1 1/2 years following the purchase. The service dept. said it was titled to another person. I purchased a Carfax report and discovered that there were 2 previous owners and was titled as a fleet car. Both the salesman and the dealership owner were fully aware that I was only interested in a new car. Never in their sales presentation was there a mention it was pre-owned. I unequivocally asked if the car would be covered under the full warranty since it was a 2003 model and not a current year model. The question I asked was not whether the warranty covered a pre-owned car. I would have negotiated the price of the car differently or might not have purchased the car at all had I been told all the facts. I believe the reprehensible conduct that the dealership engaged in was less than shady and disregarded the fact that I had negotiated in good faith. They knowingly deceived me and misrepresented the car. They admit to no wrong doing.
Comments:4 Replies - Latest reply on 2005-08-19
Posted by KenPC on 2005-08-15:
2 previous owners? How many miles did this car have on it when you bought it? If it had more than 25 miles how could you not know it was a used car? If it didnt have mileage, then it either wasnt used, or the dealer committed a hugely illegal fraud by altering the odometer.
Posted by Anonymous on 2005-08-15:
Good Post Ken
Posted by Satchmo on 2005-08-16:
The number of miles on the car when I drove it off the lot was 126 miles. I assumed they were miles driven from another dealership to the one where I purchased the car. No reason to believe that it was a used car with that low mileage. The Carfax report leaves a paper trail stating that the car was titled as a fleet car (first owner). From there it was probably purchased by a second owner with the intent of taking it to auction. I am only guessing that the car was then bought by the Hyundai dealership. The question remains why did it take 1 1/2 years to change the title to me? And it was only after I discovered it. I am not disputing that the odometer miles aren't correct. My concern is with the way I was misled and the fact that I should have been negotiating the price based on a used car not a new car.
As a side note, I received a call from the dealership owner who proceeded to scream at me on the phone that he had indeed informed me it was a used car. When I tried to explain to him that I would've have remembered that "minor" detail he promptly hung up on me. I was hoping we would come to some type of agreement as professional adults, but that type of response pretty much slammed that door shut and gave me no choice except to contact the consumer protection agencies that I had previously noted.
Posted by Anonymous on 2005-08-19:
This is interesting!! Let me first say that I have seen Carfax reports be wrong. If you financed the vehicle, check your finance contract to see if it is marked new or used. If it turns out the finance contract is marked new and the Carfax report is correct you may have a strong litigation case here. Good Luck.

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