I was sent a pre-owned S5 with a problem. Legal Advice please.
#1
I was sent a pre-owned S5 with a problem. Legal Advice please.
I purchased a 2009 Audi S5 with no manufacturers warranty left on it. I purchased this car from an authorized Audi dealer online. I asked for any defects or mechanical problems to be disclosed to me as I couldn't inspect the vehicle myself since it was located very far away from where I live. The rep guaranteed that everything is working fine with the car, no issues, nothing. When the car arrived it had an incorrectly coded MMI system so the backup camera wasn't working. It also idled very rough - shaking a lot with RPM fluctuating and stalling. I didn't know what to make of this since I've never had a V8 before and thought that maybe this is normal. The car came with 1 month warranty. I had to travel 250km to an Audi service centre to get my camera issue diagnosed and then return at a later date to get it repaired. Between the time of my camera issue being diagnosed and the upcoming camera repair the malfunction indicator light came on. During my next visit to the service centre I asked them to see what was causing the MIL light to come on. The diagnosis came back with "Fuel pressure too high, injectors leaking, misfires detected". Repair estimate was ~$2,600. Since it's over a month they are refusing to repair the vehicle at their expense (even though I have a timestamped video of the issue during the warranty period). This is a latent mechanical issue that was not disclosed to me. I was told everything is fine when it really isn't. They said that they had no way of identifying this issue when they did the check on the car but how is that my problem? It is ridiculous for me to pay over $3,000 (camera, and other issues) after a month of ownership, pre-owned or not. I bought from an Audi dealership because I was expecting reliability and security but there is none of that and I am really regretting my purchase. Please advise on what to do as well as legal options.
#3
#5
Re: I was sent a pre-owned S5 with a problem. Legal Advice please
Where was it purchased from? Dealer name and Location? What we need to do is ascertain if this is an isolated incident or a habit of this particular dealer. If you let us know where you bought from we can let you know if we have had any direct experience or know of any stories coming from your dealer.
#6
Re: I was sent a pre-owned S5 with a problem. Legal Advice please
I once had an issue with a dealer about money withheld during a purchase negotiation/offer. I knew I was right no matter what they said, so I wrote the parent company (Infiniti). They responded with the usual spiel about: dealerships are independently owned, they don't have control over dealership issues, blah blah blah. I then advised them (and the dealership) of two things:
1.) I was going to the newspapers and my lawyer, if a correction wasn't made to the issue;
2.) I sent a sworn statement in my letter to show I was serious.
About 2 weeks later, I suddenly received a credit on my credit card - they never contacted me to apologize or admit they were at fault but at least I got my money back.
I think you have a solid case, based on what you've written so I'd at least let them know how you want it corrected and you won't stop until it's fixed. Don't be afraid to seek legal advice but this will be dealt with in small claims court (the amount depends on which province you're in - in Ontario, it was increased up to $20,000 or $25,000 a few years ago). Check out the courts in your province - it's easy and worth it.
And I agree with thenewbruno as well - wait to see if other members confirm this is habitual with this dealership. They may be willing to deal amicably before things get nasty.
Another thing - did you pay with your credit card? If so, contact your bank, explain the situation and ask them if they can do a chargeback for non-receipt of product or services.
GL
1.) I was going to the newspapers and my lawyer, if a correction wasn't made to the issue;
2.) I sent a sworn statement in my letter to show I was serious.
About 2 weeks later, I suddenly received a credit on my credit card - they never contacted me to apologize or admit they were at fault but at least I got my money back.
I think you have a solid case, based on what you've written so I'd at least let them know how you want it corrected and you won't stop until it's fixed. Don't be afraid to seek legal advice but this will be dealt with in small claims court (the amount depends on which province you're in - in Ontario, it was increased up to $20,000 or $25,000 a few years ago). Check out the courts in your province - it's easy and worth it.
And I agree with thenewbruno as well - wait to see if other members confirm this is habitual with this dealership. They may be willing to deal amicably before things get nasty.
Another thing - did you pay with your credit card? If so, contact your bank, explain the situation and ask them if they can do a chargeback for non-receipt of product or services.
GL
Last edited by G35dalf; 04-25-2013 at 02:58 PM.
#7
Re: I was sent a pre-owned S5 with a problem. Legal Advice please
It is from Audi Lauzon in Laval, QC. I tried searching for reviews on the dealership before buying but I found nothing at all. If I can't find relief from Audi Canada I will take it to small claims court. And I paid with a certified cheque so unfortunately I can't file a dispute with my credit card company.
#8
Re: I was sent a pre-owned S5 with a problem. Legal Advice please
It is from Audi Lauzon in Laval, QC. I tried searching for reviews on the dealership before buying but I found nothing at all. If I can't find relief from Audi Canada I will take it to small claims court. And I paid with a certified cheque so unfortunately I can't file a dispute with my credit card company.
I'm also wary of buying cars from Quebec (I grew up there), as they don't have vehicle history, emissions and safety testing like in Ontario, so a lot of crap cars from everywhere are sold through used car lots.
Est-ce que tu parle Francais? because you're going to need to, to go through court - they're not so good with Anglais.
Good luck dude and go get 'em.
Last edited by G35dalf; 04-25-2013 at 07:21 PM.
#9
Re: I was sent a pre-owned S5 with a problem. Legal Advice please
frotz, could you also post how it goes, as I think it would be good to have a history of how Lauzon treats you. Keep us informed as it progresses and good luck!
Last edited by G35dalf; 04-25-2013 at 07:26 PM.
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