My question involves a consumer law issue in the State of: Massuchusetts
I bought a vehicle from this business in late July. Before purchasing the car I had noticed a whistling noise while test driving the BMW, the sales man told me it is just the car breathing. as I inspected the vehicle there were other things as well, the back wiper wasn't working properly and the drivers outside mirror was defected. The sales manager bent the wiper to make it connect with the window but it still didn't work properly he told me just to buy a wiper, as for the mirror he stated he will purchase a mirror and replace the original, at this point I believed the car was clean inside and out and it seemed to be a fair price. Upon purchasing the BMW, I also purchased a "EXTENDED WARRANTY", for $1,750.00 for one year of protection. He supplied me with the contract an the sales agreement. I took the car to my mechanic to get an inspection sticker the car failed inspection due to the back wiper and all four tires were bad, during this time the check engine came on due to the intake boot, there was a hole in the boot that was the whistling noise that I heard. I brought the car back to the dealership the owner stated he was going to purchase fairly new tires for the car, and fix the other issues. He said he would call me as soon as the tires came in. Within a week he called for me to bring the car in to place the new tires on. At this point he had my car for four days and had driving my car 32 miles. He called me to pick the car up I asked if he fixed the boot and he said that it was just the tires and the back wiper I told he the check engine light was on, he told me it was not on. I picked up the car and took it to Sunocco to be inspected once again and the check engine light came back on while I was driving there. I had the service mechanics do an inspection on the car in the write-up it was stated the code to the check engine light was due to the intake boot. He specifically showed me the hole. I took the report down to MPX, Alex the other manager was there he told me that his partner was out of town and that he would order the parts for the boot and call me when it was in. During this time I took the car to Auto zone and bought a wiper for the back window, I had the service guy install it, it still didn't work properly he said the spring was bent and the arm needed to be replaced, at this point I was rather upset and went to my own Mechanic and told him about the problems with my car, he suggested the MPX must have cleared the code out of my car while it was driving 32 miles and that he had heard bad things about there business. I called MPX and spoke with manager and he said the part was in but his mechanic was out due to some dental problem and that he would call me when he was back.
During this time the "TRANS-FAIL" light came on and the car was driving in low gears and it had seemed that there was a shifting problem. I called my extended warranty company "GWC" the sales person told me I was not in the system and that I did not have a warranty with them. I called MPX and spoke with MPX manager and he ask me if I could come down and talk with him, I replied that my car was not drivable and that I will not drive it further so not to break my car more. He said he would come to my home. The manager did come to my home and told me that they made in error in filing the papers and that he was going to fix everything not to worry he also stated that he was my extend warranty. I was so upset I told him I would have never bought a "BMW" in the first place without a warranty. MPX Manager took my car and gave me his car with his dealer plate on it. He called me later that day and said I was not covered for the part and it was going to be $930.00 to which I was going to have to pay and he would give me the difference for my money he had, I said no way I want my all money back for him to take the car back I did not trust him at this point. He pleaded for me to give him a break and to pay half the difference for the part. I told him I would not pay one pennie, I hung up the phone and called the Warranty company to ask them if I had the policy that was promised to me would I be covered for this part "mass air sensor flow" the women stated yes I would be covered. I called back MPX and told him that I called "GWC" to see if I would have been covered and they said yes, at this point Alex started yelling at me "why did I call them, now they will not give me an extended Warranty because they now know there is something wrong with the car!!!!! I told him I want my money back, I am not driving a $16,000 dollar car without a warranty. He said he had other cars and that I could buy another car and write up a new sale and that I would then have a warranty.
At this point I did not know what to say, he then said he would fix my car and that it was at the BMW dealership and it was being fixed at his cost. The following day I called the BMW dealership in Peabody and spoke with the service manager he stated that my car was there and it was just picked up without being serviced and the MPX paid fot the diagnostic and drove it away I asked him what was the outcome of the diagnostic he said a mass air flow sensor and that it would cost $930.00.
I called MPX and asked "where is my car" he replied "don't worry about it he is paying to fix it"! I demanded to know where it was he said Peabody, and gave me a fake name of the service place, I then goggled shops that were in Peabody on Pulaski street and called several places and located where my car was, I spoke with the service owner about my car and asked if he was fixing everything and he said he had an order to fix just the sensor, I told him the back wiper needs to be replaced he said he would talk to MPX. As I was on the phone with this guy, he stated MPX was on the other line beeping in and that he didn't want to answer it yet because he wanted to know the whole story with me. After finishing the conversation I called MPX and asked why he was giving me the run around we argued back in forth and it really went know where. I then looked on MPX web site and seen a vehicle that I was interested in looking at it was in the same price as I spent on my car. I called MPX back and said I would like to look at the car and he said come on down we could trade and he would be able to give me a warranty with this vehicle. I drove down and the other manager was there I spoke with him and he started to get loud with me and said the car on the lot was sold!!! I told him what was going on about the warranty and how his partner asked me to pay for the repair of my car he calmed down and said how sorry he was and that no worries he was going to find me a solid car that I would really like and that he was going to take over this issue himself and for me to trust him and that he is now my "extended warranty" at this time his partner drove in the lot with my car, I asked for the receipt of the service that were down he said he was going to write it up on there letter head.......I ask why I could see what they had done from the place in Peabody he told me none of my business because he paid for it. I then drove away because my son was with me and I did not want to have a confrontation with my boy there. plus all of this was taking a toll on me and it was eight pm. I called MPX the next morning to see how we were going to resolve this because I still had a broken wiper and defected mirror and no warranty, he asked me what car I would I be interested in I told him I would like to see a Acura MDX, with Navigation and 3rd row seating he said okay and that it would probably be a 2004 or 2005 depending on miles. He said he was going to go to the auction the next day and look for one for me, and not to worry about my warranty if anything went wrong in the mean time. I told him I was leaving for vacation in a few days and that I want this all resolved when I get back , he said no problem I told him it if wasn't resolved I will be demanding all my money back, he said no problem to relax that he is taking car of everything. I got back from my vacation in late November and called him he said that he was looking still and that he wanted to make sure it was the perfect car for me so that I would be fully satisfied.
Over the course of the next month I called him to see his progress and he kept telling me he was looking and this car was a difficult one to find. Late December I had enough MPX running me around I went down to speak with them and seen a car on the lot that I thought was a good looking vehicle one manger said I could have it and then the other said I could because it was on consignment and that there was no money for them to make. He said my car has depreciated, I said to him that my car is a BMW it holds it value. Then he mention how I had had an accident and that it was not worth as much as I bought it. I argued with him stating he new it was in an accident before I discovered that he pocketed my money for the warranty and that all along he was just staling me. My car was in a accident and fully fixed, but this had nothing to do with all the lies that MPX told me and the fraud that they committed with my warranty money. He then offered me a Subaru to finally resolve everything I took the car to my mechanic to show him, he said to me what are you do still dealing with these guys, he showed me all the flaws on the car and said how do you go from a BMW $16,000.00 dollars to a Subaru that had to different paint jobs and dings high miles. He told me to get my warranty money back from them and give them the BMW back and get the money from that as well if not to take them to court enough with the run around. With that said and two witness with me I went back to MPX and demanded my money back he told me can't do that I reminded him of our previously conversation that he stated if he didn't find me a car within a reasonable time that I would want my money back and he agreed to those condition, he then said too much time has gone by. I told him this is not my fault that he kept delaying me, he tried to sell me on an other car during this conversation, at this time my friend that was with me said forget they are just stalling me and that not to trust them, enough said for me after all the bs I am done. I told him to give me my money back, he wrote a check out to me for $1,7500.00 and handed it to me then ignored me from that time on. I left and drove away with my friend and noticed that he had not dated the check and that he also wrote that it was a refund for my warranty. I went back to MPX and told him that the check was incorrect that how can it be a refund for something I never had. He dated the check without speaking to me and got in his car and drove away.
I have witness and documentation to substantiate my claims.