Public Mediation

Kim Arruda vs. Colon Brothers Auto Sales

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K. A. vs. Colon Brothers Auto Sales - 4073942556 And 4078187373
2669 N Orange Blossom Trl, Kissimmee, Florida, 34744, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: 4 non-monetary items.
    • Claim #: 3207642
    • Amount Involved: 1,600.00
    • Filed On: Jul 06, 2017
    • Posted On: Jul 17, 2017
    • Complaint(s):
      • Bad business practices
      • Problem with a product
      • Customer service runarounds
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Statement of Claim
Claimant says:
"I PURCHASED A CAR THAT WAS SAID TO BE IN GOOD RUNNING CONDITION, THAT THE ONLY THING WRONG WITH THE CAR WAS THE BREAKS THE CAR HAD NO BREAKS. THE DEALERS MECHANIC WHEN ASKED BY ME WHAT CAR WAS THE BETTTER RUNNING CAR HE STATED THE HONDA IS A BETTER CAR IT HAS A STRONGER ENGINE AND TRANSMISSION. mY SON ATTEMPTED TO DRIVE THE CAR HOME EVEN THOUGH WE NEVER GAVE A INSURANCE DECK PAGE SHOWING PROOF OF INSURANCE . THE CAR RAN FOR ABOUT 5 MIN DOWN THE ROAD BEFORE STALLING, THEN THE CAR WOULD NOT START. The car will not start and when we called the dealer back after just leaving hit lot he tells my son well it was as is!
 
attempts have been made to try and fix the situation but the dealer refuses to fix the car or a diffrent car or give me my money back , I told the dealer i wanted my money back for the registration and title and plates but he refused to give me any money back at all. I called a mechanic and he looked at the car the very next day and it has a blown motor. So now I understand why they would not take it back."
Reply Have a similar problem?
  • 07-05-2017 — bought the car
  • 07-05-2017 — car broke down
  • 07-06-2017 — car looked at and has a blown motor
Additional Communication Between Claimant and Colon Brothers Auto Sales - 4073942556 And 4078187373 Hide
  • Sep 15, 2017, Claiming party added:
  • The highway and safety closed my claim stating Colon Brothers did not have knowledge of the odometer fraud so they are not liable for selling me a car with the wrong odometer reading. I cannot believe this is there conclusion, Pamela page field supervisor bureau of dealer did not even look into the in correct charges they charged for title tax and registration or the charge of deceptive practices and this is why there are dealers getting away with committing fraud! I have filed a complaint against her and I have filed with Washington in regards to the federal law on odometer fraud.

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Repair: honda Jul 08, 2017 N/A
2. Replace: honda Jul 08, 2017 N/A
3. Information: WHAT IS WRONG WITH THE CAR Jul 08, 2017 N/A
4. BREAKS FIXED Jul 15, 2017 N/A
Cash
1. Refund: price of car Jul 05, 2017 $1,600.00
2. Other – Copy claim to regulators Jul 05, 2017 $14.99
3. Other – Pay for claim posting cost Jul 05, 2017 $14.99
4. Other – Physical delivery charges Jul 05, 2017 $4.99
Just make me happy!
Claimant invites Colon Brothers Auto Sales - 4073942556 and 4078187373 to make a fair offer to resolve this complaint.
Cash total : $1,634.97
Non-cash: 4 items
  • 0
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Respondent's Counteroffer


There has been no response to this claim from Colon Brothers Auto Sales - 4073942556 and 4078187373. This claim will remain posted until resolved
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  • Question: by Steve McAllister (512 points) — Auto Dealer
  • On: 09-18-2017
  • In additional information, the claimant mentions odometer fraud, but there's no mention of that in the main body of the complaint. Was there odometer fraud? Did the Colon Brothers provide a Carfax for the car, or obtain one themselves before they bought the vehicle?

    This seems fairly basic to me. A Carfax will often uncover substantial odometer fraud. Also, if there was odometer fraud, shouldn't the previous owner be prosecuted?

  • Comment: by Claimant On: 09-15-2017
  • I am extremely frustrated that the Florida Safety and highway do not know the laws and do not enforce them at all. This is why there is so much fraud in Florida they get away with it! Colon Brothers has been committing fraud for a long time and they know no one is going to do a thing about it it makes me sick why is there the DMV. OR THE HIGHWAY SAFETY, HIS CARS ARE GOING TO KILL SOMEONE! I have filed a complaint with the Federal agencies and I hope the highway and safety gets a fine as well!
  • 1
  • Contributed Solution: by S. Proto On 09-14-2017
    Both the dealer and the consumer need to meet with a neutral party (mediator, etc.) Its in both parties interest. the dealer: could have issues with the sale (DMV, fraud, etc) and the buyer has issues with the car. This could entail an exchange for another unit, a credit towards another vehicle, a refund, etc.
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  • 1
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  • Comment: by Joseph Henmueller (60 points) — Over 30 Years Automotive Aftermarket Repair , Industry Standards & Regulatory Compliance,
  • On: 09-12-2017
  • This is likely a simple issue.  Was (or was not) the vehicle sales agreement documented as an AS-IS purchase?

    An implied warranty for merchantability guarantees that a product will work as expected. If a buyer can show that the car would not conform to the standards of the trade, that it was not fit for transportation or that it was mislabeled, perhaps with the wrong model or year, the buyer can show a breach of the implied warranty of merchantability.  Some, but not all, states allow merchants to avoid the warranty of merchantability through disclaimers or by selling the product “as is.” In most states, for a seller to disclaim the warranty, the disclaimer must be in writing and conspicuous; the buyer must be aware that the warranty won’t cover the product. A seller can do this by selling the product “as is” or by specifically saying that it's disclaiming the warranty of merchantability.   

    Florida allows merchants to avoid the warranty of merchantability through disclaimers or by selling the product “as is.”  For a seller to disclaim the warranty, the disclaimer must be in writing and conspicuous; the buyer must be aware that the warranty won’t cover the product. A seller can do this by selling the product “as is” or by specifically saying that it's disclaiming the warranty of merchantability.

    Conversations about the vehicle's condition will not hold up under scrutiny.   Documents regarding the sale will prevail.   Arbitrators will not show much sympathy for a consumer who admits to driving a vehicle with no brakes (endangering themselves and others) and then complaining about the merchantability of the vehicle.   Best advised solution = Return/exchange vehicle for another of equal value.

  • 2
  • Contributed Solution: by David Herrerias On 09-08-2017
    If the claimant's assertion about what he was told at the dealership is accurate ("good running condition" "better engine and transmission") dealer should reach out to this customer and offer a full refund. More...
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Is this a fair resolution?
  • 2
  • Contributed Solution: by Ehsan Samavatian On 09-08-2017
    The best way to resolve this claim is mediation. I can be a volunteer to listen to both side argument. here is my contact information: ehsan3380@peopleclaim.com In addition, I will invite my contact list in Linkedin including 300 car dealers to visit this case and share their opinion here.
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Is this a fair resolution?
  • 2
  • Contributed Solution: by Dev Annand On 09-07-2017
    Even with an "as is" title, this seems pretty close to fraud. All contracts possess a good faith covenant and you cannot knowingly deceive people regardless of what they sign. You'd have a good case for fraud in court and possible criminal intent on the part of the dealer in my opinion. Claimant deserves a full refund- simple as that. possibly More...
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Is this a fair resolution?
  • Comment: by Ehsan Samavatian (2318 points) — What We Hope Ever To Do With Ease, We Must Learn First To Do With Diligence.
  • On: 09-07-2017
  • The condition of the trade is very important. My friend bought a car in ( AS IS condition), and he found the problem in the engine the day after. He called the dealer and he told him you cannot return this to me because you bought it in as is condition. 
  • Question: by Jim Wicks (1782 points) — Former Atip Intern, Occasional Contributor And Moderator
  • On: 09-07-2017
  • To the claimant:  Has there been any further communication with the dealer or any progress?  

    Also, can you clarify: was the car clearly identified as being offered for sale "as is" or was this only learned after you complained when it stopped running?  


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