whitee

Hi all, bare with me, as there is a lot of info to put forth:

So far I'm having the most disgusting, typical used-car purchase experience I've ever had with New Country Audi, of Greenwich, CT. owned by New Country Auto Group, Inc.

In brief, this is a paste from an email, "Tony" is sales person's name, "John" is Used Car sales manager, real names..

Saturday 2/23 INITIAL ENCOUNTER- Test drove car at 5:00pm +/- after dealership was closed. It was raining so I could not operate convertible top. I advised Tony that w/the multitude of “issues” these cars have I wanted to operate all of the switches & functions of the car, and wanted to see the car during day light (it was pitch black out). I noted the observed (4) issues with the car & came in to “talk numbers” to see if we were in the same ballpark, and it was worth a 2nd visit to properly overlook the car during the day.

We negotiated on the car, during the negotiations, when we reached a sticking point, John D. came out & joined us, one of the issues that John JUST brought to the table AFTER we had negotiated on the car was the fact that New Country knew the convertible top was “intermittently operational” & they knew it would cost “$1500” to repair, which was not disclosed to me until that point. We further negotiated, and NCA advised they wanted to look at the issues with the car that I had pointed out, and they would get back to me to see if we would have a deal. A deal which would include NCA addressing any agreed to issues before I took delivery of the car.

On 2/25 I Followed up:

Hi Gents, it was a pleasure dealing with you thus far. I appreciate your integrity.(**BOY WAS I WRONG) Here are few photos of my car in case they help. (**was trading in my car)

I just came to realize (as Tony may recall I observed) the reason the trunk wouldn't stay open is because the trunk struts have given out, also requiring replacement to work properly & support the trunk when open & not slam shut... Sorry to bring more bad news to the bottom line.

To summarize the SL needed:

Drivers side seat switch
Trunk Struts
Keyless-go programming ?
Convertible top -hydraulic pump?
and had that deep scratch (touch-up) on the pass rear quarter.


I have a call into a warranty co. as of today, and should have a price tomorrow, likely between $2500-$4500 ...

When you speak to your wholesalers (for my cars trade value), and determine the costs for the above items, please let me know where you're at. I do like the car, and it's miles make it uncommon, but these cars are financial burdens....lol.. and to finance more than $20k on a car that immediately will cost me more $$ is just not a smart decision.

Also, as I asked Tony, would you please obtain the VMI Report from your sister Benz dealer & email or fax it to me, that report may help me feel more comfortable w/this deal.

On 2/26: Tony wrote to advise:
Hi Erik,

This one’s dead on the vine as we can’t cover the costs and have it make sense. We are going to hang onto the car for now, but if wholesaling seems like the direction I’ll let you know immediately.

Thanks,

Tony
On 2/26 I replied:

Hi Tony, Hmm..So he's not willing to fix the car & I come up w/the difference mentioned below? Anyone who notices these things wrong w/the car would ask for the same thing..who wants a "broken" car?
I get it's used, but used shouldn't mean "broken". Is he willing to sell the car w/only the top repaired, and the paint touched up, I'll address the other electrical/mechanical issues, for a difference of less than $2600?

On 2/26 UNDISCLOSED SURPRISE: AFTER negotiating on the price of the car on 2/23, it is now (3 Days Later) brought to my attention that there is a $499 dealers fee... Which I understand may be your policy, but proper timing on that disclosure would be a respectable business practice, not “hidden fees” that only arise at the last minute, that $499 amount is NOT disclosed in your print/internet marketing of the vehicle, only a loose term, no monetary amount.

Hi Erik,

Just sat with John to try to make some headway as I kind of feel like we’re not really getting anywhere substantial on this.

One of the topics that came up was our Dealer Conveyance Fee which is $499.00.

... The hood (THEY MEAN CONVERTIBLE TOP)repair was more than estimated, but that being said I want you to look at numbers on this before we revisit with John.

Thanks,

Tony

2/26 I asked:
Hi Tony, does the asking price of $33,599 include the repairs? If so, we can talk more.. If not, than that's just silly, and we're just using up time. That car at $34k (with dealer fee) has "Stuff" wrong...
if it was mint, ok, I get it.. but $34k with a bunch wrong is not a good deal. Thanks.

2/27 Tony said: Hi Erik,

Sorry for delay in getting back to you, but the $33,599 covers the Drivers Side Seat Switch, Keyless-Go programming, Convertible top, and deep scratch (touch up) on the pass rear quarter, but not the Trunk Struts.

2/27 I countered with:
Good morning Tony, thanks for the update. If I'm not getting any discount on this car, and I'll have to spend my own $300+ on the trunk struts, I don't see myself paying the dealer "conveyance" fee aka more profit fee --let that be a wash..
Can you provide me with the VMI you guys said you would, today, so I can make my final conclusion. 3 days is a long time to negotiate over a car

2/27 Tony advises: **NCA INCREASES the selling price of vehicle by $2k
Hi Erik,

It’s going to be a moot point now as with the costs involved on the hood they increased the price to $35,789 today. As far as I’m concerned this pretty much kills any conversation, but let me know if you have any other thoughts as it has been dragging way too long.

Thanks,
Tony

2/27 I verify that our agreed to price has not changed:

Hi Tony, so on Autotrader & your website they're going to bump the price up?
So you're saying: IF I wanted the price you offered and summarized in writing a handful of business hours ago, it is no longer available to me?

2/27 Tony confirms NCA will honor price we agreed to in spite of increasing it on the websites:
Hi,
The changes have already been made w/Autotrader and our website.
We will honor the $33,599 w/$499 conveyance fee taking care of the convertible top, driver’s side seat switch, keyless go programming and deep scratch touch up on the pass rear quarter.
Let me know if we’re in play on this. John is trying to track down the VMI for you.

2/28 Spoke to John D on the phone, as Tony was off work and the following was Repairs & pricing were confirmed:
Hi Tony, ironically you're not in today. I spoke to John, confirmed w/him our agreement & dialog summarized below. I'm going to take the car.
I'll receive my bank's check tomorrow, please confirm we can complete the deal this weekend. Pending convertible top repair, seat switch replacement, keyless go programming, and professionally touch-up that deep scratch.
Give me a ring Friday when you get settled & are caught up on what needs to happen to wrap this deal up. Thank you in advance.

3/01 – Deposit was made on the vehicle.

3/04 Tony advises vehicle should be ready for me to pick up that week:
Sorry for late reply, but wanted to confirm I’d received. We’re pushing to see if we can get the car ready for tomorrow, Wednesday the latest. I’ll touch base with you before the day is out to keep you posted.

3/4: I request the following confirmations:
No problem Tony. Ok, tomorrow or Wed sounds perfect. Please don't forget I want to be provided with the receipts for items done (keyless - roof - seat), obviously I don't need the touch-up/pdr receipts.
Thanks Tony.

3/4: I receive purchase order/agreement from Tony
PS: Can you please send me over a buyers order, or whatever you have written up on this car.
PPS: do I not need to contact my insurer then, you guys do everything? Or should I reach out to them?

3/5: NCA RENEGES ON AGREEMENT TO FIX KEYLESS GO & ATTEMPTS TO BULLY ME INTO PAYING FOR IT: Car is at Mercedes having the agreed to issues resolved, when I get a call from Tony, then John explaining that they would would need more money from me, and would only fix the keyless go if it was “programming” (which all 3 of us laypersons presumed during our initial discussion on 2/23) and not if a keyless go “card” was also required. I explained, that the agreement was to “fix” the keyless go issue, and it was unreasonable to attempt to have me pay for something which NCA agreed to resolve, John eventually and frustrated conceded, and told me to “come get my car” (or something very close) before he abruptly hung up on me...The agreement to honor his end of the bargain, and not RENEGE / Cancel the deal as he was threatening ONLY came when I explained that if he intended to renege on our verbal and written agreement, I would have to go above him, directly to the GSM or Ownership...

3/7: I write Tony to confirm the Keyless go card is on order, on 3/8 he responds:
Hi Erik,

Sorry for delay in getting back to you, but I was out yesterday. Part was ordered and I’m just waiting for a call back from MB to confirm timing we can expect.

I’ll touch base with you as soon as I get word.

3/13: The saga continues, NCA AGAIN THREATENS TO RENEGE ON OUR CONTRACT, Tony writes the below & then we speak on the phone, the long & short is, Mercedes has received the keyless go card, BUT NOW they say the shifter assembly needs to be replaced ..?? The shifter permitted me to test drive the car..? I observed no issues – which only means it worked then... Tony says the repair is a $1500 +/- repair.. He suggests that maybe the deal is dead... I’m sorry, but the deal is not dead, the deal was to deliver me a running car for $X price, with $X issues addressed, that IS ALL I’M ASKING FOR. I’m sorry your bottom line is hurt on this deal, but that is not my fault or burden to bare, these hi-tech, old Mercedes ARE A NIGHTMARE, and I know it, I’ve owned others, and hence why I’m purchasing a $4k+ warranty. Since the car was taken in on trade by NCA with a non-operational top, and 4 other issues (maybe 5 now) that NCA alleged to have no awareness of, it sounds like the proper due diligence was not done on the Mercedes, however that is not my responsibility, my only duty is to uphold my end of our agreements, and ensure you uphold your end. This is purely a matter of principal at this point.

3/13 Tony writes: Hi Erik,

Sorry for late reply, but car did not get back yesterday so I’ll start back in with them now and touch base with you in a little once I know what we’re looking at.



.....
New Country Audi, please deliver the car to me in mechanically sound as we have a contract agreeing to. Please do the right thing, If your family member was buying a car from a dealer, they had a contract, and then a last minute issue came up, while their not yet delivered - car was in the dealership’s possession, and the dealer called your family member and said: “unless you pay more money, we won’t honor our contract with you”.. What would you tell your family member to do? Frankly this is absurd and disheartening I even need to draft an email like this, NCA is not simply handling their responsibility, and trying their best to evade accountability at every turn of this transaction as "issues" arise. ISSUES WILL ALWAYS ARISE, it's how a person/business handles them that counts.....

Please understand I will not accept less than NCA honoring our agreement, and will pursue this wholeheartedly with every means conceivable in my resourceful mind until legitimacy is reached in the situation. Thank you for your understanding of this situation, and please contact me with your input.




So that was until a hour ago when the GSM Jason Lee called me, and attempted to first explain he didn't want to sell me a car w/issues.... then when I reiterated I was aware of the disclosed issues, and hence our agreement for them to deliver the car with those repaired, he changed his tune to stating because I did not sign the purchase order, that he would just refund me my money & cancel the deal.... Well, I'm no lawyer, but the internets' tells me a Written agreement (via email), confirmed by the purchase order they send, confirmed by their acceptance of my deposit should certainly legally constitute a "contract" whether or not my signature was on the piece of paper which they didn't send me until 7+ days into the process......

I'm communicating w/ New Country Auto's corporate headquarters now... but if this isn't the most low down Ebay' style "oh, we're not making enough money on the car!, you can't have it anymore style transaction ever"....

What's your input? I'm looking up small claims info now, and will likely sue, BECAUSE based on our contract (written, verbal, deposit, and unsigned PO) I purchased numerous parts for this SL55 that w/o the car are useless to me now...... I simply want the car for the price agreed to... but they won't do it... YET...

UPDATE 2:18PM ... Eric A. Ferits Sales Manager of NCA called to literally say they can cancel an agreement anytime, and HE IS CANCELING OUR CONTRACT, also said he's not a not-for-profit organization, lol, he said all cars are "as-is", and he did not agree to fix those issues!? OF COURSE HE DID... I HAVE IT IN WRITING...and I get not for profit, BUT HONOR YOUR AGREEMENT..sometimes you have to lose a battle to win the war..and him voiding our CONTRACT because he doesn't want to make less money is the most snake like thing I've ever encountered in my short life, and the 18 cars I've purchased w/in it......

2:54 Corporate just called me back, said they know Eric spoke to me, and now, they want to have a 3-way call tomorrow morning with Myself, Eric Feritis and I believe Chris Mackey the Auto Group's VP... Lets see how that goes... it's f*cked up I should have to go through this to get them to keep their commitment...

LukasBMW

Eh. Move on. Way too many nice SL's on the market for $36k +/- to get hung up on this one.

jagata

Why stress over a car purchase, MOVE ON! As stated there are many nice cars out there with out the buying drama.

RAWAMG

+1

sound 8

WOW I thought I was reading War and Peace.
Adice is good, plenty more fish in the sea, dumb ones preferably.

whitee

Lol war & Peace!

A few reasons:

1.I have credit union check made to dealer already (yes I can cancel, and redo)
2.I purchased parts specifically for THIS (obsidian black) car
3.I've invested going on 1 month of my time & effort into this (yes I could move on)
3.What they're doing is underhanded, and they're attempting to get over on me the "customer".. that ish' is not right, so I'm going to fight for what's just.. It's a matter of principle at this point...

But if reasoning with every decision maker in the group fails, I will obviously keep it moving, and spread the word (everywhere I can) that New Country Audi reneges on their contracts, which is most foul.. They have the opportunity to re-legitimize themselves.. they should seize it..

*** GUYS, MY Price, the one they agreed to was $34,000.... it has 28k on the odo... it's obsidian w/ Berry...

Quadcammer

so you wish to waste even more of your time and money going to small claims court for a minimal return to stick it to them?

get your deposit back and sell the parts that you bought for a car you didn't own yet, and move on.

Why bother with the aggravation and hassle over a little cash.

There are tons of SLs out there.

whitee

^^ Nah, the "sticking it to them" (will happen after our convo tomorrow morning..if they don't concede to honor our contract) will come by way of me publicizing my shady experience with them in every relevant place possible. This is the day of the internet, and the day of customer reviews going a lot further than ever before in influencing purchasing decisions... Small claims will expectantly recoup the money on parts I wasted.. but the real feel good event is me spreading the word...

Since I have a trade,(I need to be somewhat close to my home NY) if someone can point me in the direction of a well optioned, clean 28k + - mile car w/ Berry red interior for $34k or under.... I'd be much appreciative... I personally had not yet come across one...

But again.. this is more about principle.. Maybe others don't mind getting jerked... I'm not about that....

WBE55

keep looking for another car, Find one but keep fighting , Then stick it to them and just when its time to sign the paper work , Walk out !!!

whitee

^^ I like that idea I'm am certainly looking...

LukasBMW

If you really want to make an issue out of it, then small claims court is a good option. It's not as good as retaining real legal consul, but it's a lot less expensive. Typically the threat of a lawsuit is enough to get people to make some concessions.

First, I'd hire a real lawyer to write a brief threatning letter - $300-$500.00

If they don't budge, then I'd go with small claims court.

I totally understand the frustration of finding a nice used SL. I looked at 4 cars (3 SL55's and another SL600) before I bought mine and did 3 pre purchase inspections (at $120 a pop). When I finally found the one I wanted at a reasonable price with no issues, I was stoked.

$34,000.00 for a 2003 with 23k is a decent deal, but I'd almost rather spend $40,000.00 on a 2006-2007 with 50-60k miles.

Or you could buy my SL600 for $29k. (It's the color you want and it's wayyyyy faster)

mjr24

Agreed with everyone else....move on. When I see one of those buyers and the public campaign to smear a dealer....IMHO, it makes the buyer just look more crazy.

alx

Is it a 2003 sl55? If it is they are 28500 in it

djrabbi

Move on but I think your in too deep to walk walk away from it.

HFELIU

Just my 2 cents, you spoke before about battles and wars. The prudent thing to do is avoid at all costs any such "Wars", if at all possible, and this obviously looks like it'll be a long drawn out war. I understand your pain and heartache, but trust me when i say, if your dealing with this much drama about a car you don't already have in your possession, and it has this many issues that you've just noticed, can you even imagine how worse off you'll be when you get the car and find out there's still one or two more issues? IMHO, I just see you spending more money either out of pocket or thru the warranty (which you'll still have to pay the deductible). Chalk this one up as a loss, screw the dealer, and find another car. Spending that much money on a used car shouldn't be a difficult or stressful event, you should be driving off the lot feeling accomplished and pleased that you made a "good purchase", not wondering what'll break next, or cost you to repair. There's a good number of well made SL's out there, and even more problematic ones with numerous issues, this one falls into the latter. Good luck with your process, and best of luck with what ever you decide.

whitee

Lukas, I agree.. Your car is nice, I've been checking it out on the bay'... My issue is I have my trade... (which is 4 sale in the classifieds).. and I think you're on the left coast right?

Alx, lol, Really?.. Well they did a 1/2 *** assessment, are in the car too deep w/the non-working issues on it; it's costing them so much that they won't honor our contract to purchase...

HFELIU, thank you.. I agree completely.. and since they're stone walling me I will move on.. while spreading the word of my experience, and seeking restitution...

**** The new update is Chris Mackey VP of the Auto Group called me and said "I won't be happy with the car".. so they're choosing to give me my money back & refuse to sell me the car.... In other words RENEGING on a contract, that I do not consent to cancel..

So far this morning I've filed complaints w/ the BBB, DMV, Department of Consumer Protection, I have a CT public advocate working on it... and obviously my pursuit will continue... and I will seek my legit damages in small claims ct...

Now it's a fun mission, based on principle... I'm not even angry... it's real simple if we have a deal, you can't just break it w/ no repercussions... Plain & Simp.......

Where's the BIIIIIIIIIG SMILE ICON??

grane

If you want a CPO SL go to New Country MERCEDES BENZ.

If offered, the MB shop there may have passed on it for many possible reasons including it would cost too much to CPO or the car was traded in directly. MB dealers usually pick the best cars from the auctions and they get first pick since they can see a direct service history. Then other echelons of dealers get to pick from "what's left", kind of like -harmony.

The new GM at NCMB is very aggressive as far as providing value esp. for CPO MBs. Since he joined his CPO sales are up 250% and he has CarM*x right across the street! There is a salesperson at NCMB I believe his name is Silvio and he can be helpful.

Walk away from the Audi folks and move on....

whitee

Grane, thanks for the info.

However since New Country's VP (of the AUTO GROUP) Chris Mackey told me this morning he wouldn't honor his dealership's contract to me, I would certainly never consider directing any business their way, but you make valid points otherwise.

Yidney

Before you waste money on small claims court, you better find out what damages your state allows. Usually $2,500 or so is the limit. The judge may or may not conclude you had a contract, but even so, the parts you bought will not move anybody's needle too much, and if there is a market for them, you would be required to sell them to mitgate your damages, and you would only recover any difference. He probably will not order them to fix and deliver the car - "specific performace". He'll just get you the refund you have already been offered, and maybe a little more. At this point, you are wasting so many hours of your life that you will never get back that the dealer wins no matter what happens.

whitee

Hi, and thanks. $5k is the limit, my losses are approx $3k ...
Food for thought.. appreciate it..

mjr24

So let me get this straight....you didn't even sign the papers buying the car. You simply put down a deposit.....and you are simply considering the emails as the "contract" and thus they are required to sell you the car based on that?

I think if you take them to court you are going to be in for a big surprise.....

Just because you bought parts for the car and the negotiating fell through certainly doesn't make those costs "damages" that you will be awarded in court.

Doctor Mark

It seems to me that the dealership is not the model of honesty and integrity so why would you wish to deal with them at all? Goodness knows what other issues may be lurking in the car that you do not know about. MOVE ON !!!!

whitee

MRJ24 -- Yes, legally a contract written & with consent acknowledged by both parties, even a verbal agreement is a contract.. I do not need to sign their in-house paperwork.. Is a dealership's paperwork the only form of "contract"..? No... *research it.
.. And Yes, "reasonable expectation" was that they would honor their contract, and not back out after 15+ days... at least that's my layperson's understanding after brief research and conversations w/others & more in the know than myself. I know I wrote a novel, you may not have caught it: they agreed to sell me the car after they repaired it's issues, only while they were repairing the car to deliver it to me, and they discovered a NEW $1700 problem, did the back out of the deal....

Dr. Mark I agree, and yes I have moved on.. while spreading the factual word of my experience.. and have filed cases with DMV, BBB, etc, etc..

So.. lol, it's all good.... This post was made during the heat of the moment...

fxschneider

The way I see it with what you have already had to deal with they are probably doing you a favor. Tell them to keep it and just go find another obdesian black SL. One without issues!
here is an example http://cgi.ebay.com/ebaymotors/2004-Mercedes-Benz-SL55-AMG-31k-mls-PANO-ROOF-PDC-BLACK-BLACK-AMAZING-CONDITION-/370770982976?pt=US_Cars_Trucks&hash=item5653ac3840

allenjdmb

this has been discussed to death, but three quick things
1. Exactly what are your damages? Time? Parts you've bought for a car you didn't own? You would have to rely on the paperwork, but unless they are spelled out, in advance (it would say "mitigated damages"), these types of damages (consequential) are usually excluded.
2. First semester contracts class: the offeror (seller) is usually the master of the deal. When the circumstances changed, they said no deal. The fact that you wanted to carry on---at your price and under your terms--was then irrelevant. Any other conversations you had were just invitations to negotiate. They did not do the easiest thing, which would have been to contact you and simply say "we revoke all offers".
3. I may not have all my facts straight here. Even so, no car is worth compromising your standards for, or putting up with that much aggravation, self imposed or not. Lots of nice cars for sale by nice people, life Is too short.
Note:Friendly advice worth what you were charged for it. No client relationship, blah blah blah.