On Sunday, Aug. 8, 2010, my wife and I visited Ft. Myers Toyota and were greeted by salesman Dave Mulholland, Jr. During our visit, we test drove a 2008 Toyota Matrix XR, VIN 2T1KR32E58C700591. We left undecided. On Sunday, Aug. 9, I sent the following e-mail to Dave: Hello Dave, Thanks for showing Jamey and me the 2008 Toyota Matrix XR on Sunday, August 8. You provided a price of $14,490 plus dealer fee of $588, tax and tag. You also agreed to switch the tires to Michelin and correct the warped brake rotors. We have discussed our finances and feel that we will are able to afford $14,000. The final sale would, of course, be contingent on another inspection and test drive. Please let me know if this is agreeable - I would have to transfer some funds which would probably take about one week to accomplish. In the interim, I could provide a deposit. Respectfully, (redacted) On Tuesday, Aug. 10, I called the dealership and spoke to a sales manager. I mentioned the email that I sent and that I hadn't received a reply from Dave. He explained that Dave was off, but he would contact him and have him call me. That afternoon, Dave returned my call. He said he would contact me when he returned to work on Thursday, Aug. 12. On Thursday morning, Aug. 12, I called Dave's cell phone. He was on his way to work. He said he would speak to the sales manager and call back. After several telephone conversations with Dave and Sales Manager, Steve Meyer, I agreed to purchase the vehicle for $13,900.00 equipped with the original tires, providing the vibration and brake rotor feedback issues were resolved. I was faxed an Agreement to Purchase document which I signed and returned by FAX. A $500.00 deposit was charged to my MasterCard. I advised Dave that I needed to transfer funds and would advise him of the progress. On Monday, Aug. 16, I received a call from Dave stating, "I have some bad news and some good news". He went on to say that the vibrations were caused by a crack in the frame and the car was sent to auction. He said another 'off-lease' Matrix XR with identical features (color, options, etc.), but with 1,000 fewer miles was available in Orlando and he would have it delivered to Ft. Myers. On August 21, 2010 an e-mail was sent to the General Manager, Bobby Yoxall; Sales Manager, Steve Meyer; & salesman, Dave Mulholland describing the above events. On August 23, I received a phone call from Carlos Perez, Sales Manager. He mentioned that the 'other' Matrix which was to be obtained from Orlando had sold 'above-book' and was not procured. He asked if I wanted them to continue looking for another car. Since I live 60-miles from the dealer and it would not be convenient to view cars they thought would interest me, I asked that the $500.00 deposit be refunded to my credit card. Mr. Perez said it would be done that day. I was able to access the CarFax report and the following comments were noted: 08/10/2010-Online Listing-Vehicle offered for sale 08/11/2010-Fort Myers Toyota-Vehicle Sold 08/13/2010-Toyoya Certified Dealer-Offered for sale as a Toyota Certified Used Vehicle 08/14/2010-Florida MVD, Naples, FL-Vehicle purchase reported 08/14/2010-Florida MVD, Naples, FL, Title #0099414762-Title issued or updated, Registration issued or renewed, New Owner reported, Registered as personal vehicle, Loan or lien reported. On August 28, I received a call from Dale Newman, Finance Manager at Ft. Myers Toyota asking, "How do you want my deposit returned?" I couldn't believe that the credit card refund had not already been issued. I described the entire transaction to Mr. Newman and he agreed that "it did not sound right". He said he would check in to the matter and call me on August 30th. It is now August 31 and I have not received his call. Since the vehicle was a "Toyota Certified Used Vehicle" and was supposed to have undergone a 160-Point Quality Assurance Inspection which include
fl_buyer
Sep 1, 2010
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