Carousel Motors in Iowa City/Autohaus LTD On January 17, 2017, you sold the above referenced vehicle to me. I have since discovered that there are unexpected major problems with the vehicle and it is not capable of normal driving and use. Your agent, Dustan, told my daughter the vehicle was suitable for “road trips” and “long term use”, beyond the everyday driving I described its purpose would be for. After finding herself stranded on the roadside with smoke coming from under the hood on Monday, she had the vehicle towed to Quality Car Care in North Liberty. It just so happens that she had already scheduled an appointment for the next morning to go over the vehicle thoroughly, as it had only been getting 7 mpg and leaking fluids.After David Hall, owner of Quality Car Care, thoroughly reviewed the vehicle, he stated that the repairs would total $2-3k. My daughter was not given a Buyer's Guide at the time of purchase, nor were there any posted on any of the vehicles she was shown on 1/16, or 1/17. When we brought this up with Harvey on Tuesday evening, 2/7, and asked him to find her file, the color drained from his face. He spent a protracted amount of time locating this file, and then he produced a Buyer's Guide that he then copied and provided a copy of the front and then the back to Rachel. The top of the Buyer's Guide on the front of his original has just been filled out while we were waiting for him to return with the file. She had evidently signed the back of a blank Buyer's Guide, because there was not one ever created for the 2003 Land Rover; likely because it had come in a trade the day before per Dustan. This is an FTC violation. When my daughter sat down with Harvey Ireland to sign the loan docs, he never gave her the forms to review in advance. He said, "I was able to get your payments down to $133 mo!". He had all the forms for her to sign folded in have and she was told "sign here, sign here, sign here". She had been very clear that she did not want to pay more than $2400, and not exceed a 24 month loan term. Dustan told me the interest rate would be about 9% a month in one conversation and that she was being financed through Linn Area Credit Union, when he delivered the car to her at Press Coffee on 1/17. Harvey never stated "you are financing $4198.25, at 13.25% interest, over 39 months" This total includes $2900 for the vehicle, $5 membership fee to the credit union (who finances this????), tax, title, license and docs fees, $850 for a Gap Addendum (he mentioned GAP addendum that he added on already without asking her and told her when she questioned that charge, Harvey told her that "it was only $8 a month and that she needed it for this vehicle under $3000 because her insurance company USAA Casualty did not offer that and would not cover the financed amount of the vehicle." USAA does in fact have GAP built into their policies. Rachel was never given copies of the documents she signed, that had her actual signature on them. They were unsigned and folded into an envelope and handed to her after she signed Harvey's folded documents at the X's he pointed to. Rachel describes Harvey's verbiage during that encounter being very similar to the rapid disclaimers read at the end of car commercials on the radio/TV. She was also never offered an extended service plan; I imagine you should have one on a menu style form...that could have been presented to her. These are legal compliance issues and potentially Truth in Lending violations. I can't imagine that the thought of Carousel taking advantage of a young women, a recent college grad that has just returned from missionary work in South Africa and Swaziland, would sit well with them. My daughter was not interested in trading into another vehicle. ---- After David Hall, owner of Quality Car Care, thoroughly reviewed the vehicle, he stated that the repairs would total $2-3k, and the following issues were noted: Throttle Body PTC Header Oil Filter Adaptor Gasket Crankshaft Oil Seal Radiator Hose replaced Throttle Housing to Manifold Hose removed and replaced Water Jacket Plugs need replaced New Water Pump needed Valve Cover Gaskets need replaced Oil Pan Gaskets need replaced Timing Cover and Gaskets removed and replaced Although you will claim that you sold the vehicle “as is”, there are implied warranties that are enforced by the FTC in this case. The law also prohibits you from disclaiming or modifying such implied warranties. You may only limit the duration of an implied warranty, typically the State law prescribes the reasonable period of 90 days. 15 U.S.C. 2308 - IMPLIED WARRANTIES § 2308. Implied warranties (a) Restrictions on disclaimers or modifications No supplier may disclaim or modify (except as provided in subsection (b)) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer Product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product. (b) Limitation on duration For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty. (c) Effectiveness of disclaimers, modifications, or limitations A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law. (Pub. L.93–637, title I, §108, Jan. 4, 1975, 88 Stat. 2189.)
Try losing $3200 that’s ok, they’ll be getting theirs very soon! I think there should be a party then across the street and the “I think I’m something special,” who probably didn’t graduate 8th grade because he for sure failed kindergarten and his parents should be ASHAMED!!!!!” Can learn that he can’t go against the law and hurt innocent people.
Same situation but worse. Get ahold of me. Class action lawsuit plus beatcar99aol.com