More Mazda dealer BS! May need help guys.

[Swerny]

I bought my car from Erin Mills Mazda on Jan 11/03. I took delivery on Jan 18/03, and there were 32 km's on the odometer.
I was reading my warranty booklet the other day with regards to wheel allignment as my car has always pulled slightly to the left. It falls under adjustments and is covered free of charge for the first 20,000 kms or 12 months, whichever comes first.
Since my mileage is at 19,965 kms, I made an appointment for today ay Gyro Mazda, who are cool.
I left the car, and just got a call from the service manager. The car does need an allignment, but when they went to make the invoice for the work, they found that the delivery date for my car was December 10, 2002. Therfore they couldn't do the allignment under the warranty as the warranty has expired !
I asked further, and the Service manager, who is being helpful, informs me that the first owner of the vehicle took delivery on Dec 10/02, and his name is Bob Smith (not the guys name) !
WTF?
I'm picking up my car at 5:30. But it looks like those Erin Mills bastards sold me a used car as brand new!
If this is the case, this is going to get ugly.
I'm glad my best friend, who is a lawyer, was with me when i bought the car.
Any advice or thoughts?

 

[Turbo Matty P]

if your lawyer friend is willing to spend his time persuing this for you you're all good. Have him contact if he has any questions about this.

 

[funnylittlman]

it could have been a demo?

 

[low_psi]

it could have been a demo?

not likely if it only has 32km's... If Mazda sold you the car as new, you should have a warranty on it... Best of luck because I don't think this will be an easy problem to fix

 

[chino]

If the car was sold to you as new..... it will state that in your sales paperwork ....... then Mazda will have to respect your delivery date. Have a lawyer press the issue if neccessary.

 

[P5bob]

ERin Mills? Thank God I didn't get mine there.
Not sure on this 1 buddy. I'm sure you already know the 1st call to make is Erin Mills.
And to think, I almost bought ny P5 from there....

 

[Swerny]

Thanks for all the input guys.
The issue isn't my having to pay for the allignment, it's the fact that I am fearing the worst here in that I paid full price, including PDI, Freight, etc for a brand new vehicle. If i'm the 2nd owner, i shouldn't be paying freight, PDI etc. Also, if the car was titled to someone else, then i shouldn't be paying those items either. PD and freight and all that crap is about $1500 right?
The bigger picture is that if it turns out for the worse, then Erin mills misrepresented themselves. Lucky for me, when i bought the car,i was with my fiance and my best bud who happens to be a lawyer. pretty good witnesses if we get down to a he said she said BS.
I picked the car up from Gyro yesterday, and they showed me the VIN registration search from Mazda Canada, with the other guys name, address, and phone #. The service manager lkeft for a minute and I jotted down this info, and will be trying to get a hold of the guy today.
Gyro basically said that the delivery date is written on any dealer invoice you have when you go for service etc. Well i went to Erin Mills for my 8,000 km service, and the delivery date on that invoice is Jan 20/03, another different date.
Apparently only Mazda Canada or the selling dealer can make the changes to the title, in this case, Gyro could not.
A little background info. When i fluked upon my car at Erin Mills last January, they told me the only reason they had one was that the guy who had put a deposit down on it got tired of waiting for it, and pulled his deposit. They told me he had got fed up with waiting , and took his money back the week before I got the car. That could be the reason his name shows up on the title. They may have ordered the car for him, and when he didn't take the car, Mazda forgot to change the paperwork.
I'm not worried that the car was wrecked or anything, i inspected it top to bottom, so it's not like they sold me a wreck or anything. It had 32 kms on it when i took delivery, 10 of those km's were my test drive.
As for Gyro, they again impressed me yesterday. I asked them that if i got the paperwork sorted with Erin Mills, would they still do the warranty allignment forfree since by the time i get this sorted, I will be past the 20,ooo Km limit. They said no problem, and gave me an invoice stating the same.
I wil be calling Erin Mills today, as well as the original owner of my car.
I will keep you all posted. Thanks for the input everyone!
:thumbsup:

By the way i have said this before, for you GTA guys on the board, avoid Erin Mills Mazda like the plague!

 

[blynzoo]

Erin Mills committed fraud if this is true. You can sue them for the value of the car, new, plus any interest that you have incurred in paying off the debt. I used to work in a vehicle crimes division (as a civilian) for a while in a law enforcement agency. This will happen, where the car is sold/financed, but not taken off the lot, or somehow the extension of credit is rescinded to the original purchaser. The moment the car leaves that lot, it is used.

You need to go directly to the top of this dealership, although in the end this is going to be the person who also committed fraud, so dont expect much from them. Retain a lawyer, head down there in person, and get your full purchase price refunded. Do NOT take another vehicle in trade. Get the money back, and go somewhere else.

I have seen this countless times. A good walk-in with a lawyer making a scene is the best way to do it. You will, most likely, have to take them to court as well. However since you are in the right here all lawyer fees and court costs will be paid by the defendant, the dealership.

Best of luck, and contact your local law enforcement agency (actually preferably the provincial folks, for y'all up in CAN), as this dealer has in fact committed a felony. You can save someone else from the headache.

And relax, it's not as hard as it sounds.
PM me if you have any further questions.

 

[lasermp5]

dam that's gay! why are so many mazda dealers assholes? I love my car..... hate my dealership :mad:

 

[Swerny]

Erin Mills committed fraud if this is true. You can sue them for the value of the car, new, plus any interest that you have incurred in paying off the debt. I used to work in a vehicle crimes division (as a civilian) for a while in a law enforcement agency. This will happen, where the car is sold/financed, but not taken off the lot, or somehow the extension of credit is rescinded to the original purchaser. The moment the car leaves that lot, it is used.

You need to go directly to the top of this dealership, although in the end this is going to be the person who also committed fraud, so dont expect much from them. Retain a lawyer, head down there in person, and get your full purchase price refunded. Do NOT take another vehicle in trade. Get the money back, and go somewhere else.

I have seen this countless times. A good walk-in with a lawyer making a scene is the best way to do it. You will, most likely, have to take them to court as well. However since you are in the right here all lawyer fees and court costs will be paid by the defendant, the dealership.

Best of luck, and contact your local law enforcement agency (actually preferably the provincial folks, for y'all up in CAN), as this dealer has in fact committed a felony. You can save someone else from the headache.

And relax, it's not as hard as it sounds.
PM me if you have any further questions.

Thanks for the well said and informative post blynzoo.
It appears the dealership is under different ownership now then it was then. I have sent a lengthy e-mail to the GM, Sales Manager, and CSR. I'm waiting for a reply. I aslo mentioned the s**** service i got for my 8,000 km service, and attached that complaint letter as well for reference.
The ball is in their court now.
I am also trying to get a hold of the guy who is listed as the first owner.
I almost hope there was a fraud committed, my buddy the lawyer and I are all over this like fat kids on smarties.
I'd attach my letter here, but it's pretty long.
Later