Ed Martin Honda Car Dealership request additional funds 45 days after purchase and car is titled in my name.
On 11/27/12, I purchased a 2012 Honda Odyssey with a total sales price of $33,307.41 from Ed Martin Honda. The two sales agents assisting me were Orlando Itza and Ken Copely. On 11/27/12, while purchasing the vehicle, I brought in $13,307.41 in cash. While completing sales paper work, this money was received by Mr. Itza who took it and the other paperwork to the Finance Manager Dawn Gunn. Ms. Gunn shortly called me into her office to discuss financing.
I advised Ms. Gunn I would be paying a portion with the cash I brought ($13,307.41) and the remaining balance ($20,000) in a few days with a certified check from Pentagon Federal Credit Union. She said that was fine and insisted I go ahead and take possession of the vehicle. Upon leaving I reviewed the paper work they provided me reflecting $13.307.41 was received as “cash down” and a “balance due” was $20,000.
On 11/30/12, I returned to the dealership with the certified check for $20,000 from the Pentagon Federal Credit Union and provided it to Ms. Gunn. She thanked me and provided me a receipt which stated “2nd money” payment.
On 12/11/12, the Indiana Bureau of Motor Vehicles confirmed they received the vehicle’s title from Ed Martin Honda so I then registered the vehicle in my name. Indiana Code § 9-17-3-3 states a dealership will deliver the certificate of title to the purchaser or transferee within 21 days after sale once the purchaser or transferee has made all agreed upon initial payments. Therefore I assumed all transactions were completed.
On 01/14/13, which was 45 days after I purchased the vehicle and 34 days after the vehicle was registered in my name through the Indiana BMVs, I received a call from sales person Orlando Itza. He advised their accounting department contacted him and said there was still a balance owed of $13,307.41. I asked if he remembered me handing the cash to him and he said he did not. At this time I sent him my receipts via email but received no response.
On 01/15/13, I contacted Finance Manager Dawn Gunn to follow up on the error and “make sure” they had it resolved. She took a defensive tone with me and said “there is no way I brought in the $13,307.41″. At this time I asked she communicate with me via email. She said she would talk to the General Manager Dave Sonneman and get back to me the same day. However, she did not follow up with me. I later sent her an email asking for a follow up.
On 01/16/13, I received an email from Ms. Gunn stating “Unfortunately at this point everything has been turned over to counsel and all further communications will come from that source”. I later called her to ask for their counsel’s contact information and she declined.
As of 01/16/13, I’ve filed formal complaints with the Indiana Secretary of State Dealer Division and the Office of the Indiana Attorney General. In addition, I’ve sought advice from a Consumer Advocate Attorney for a local nonprofit firm. I also have a friend who works at our local newspaper (The Reporter) who would like to write an article on the issue but I’ve declined at this time. I’ve lost sleep over this issue and so has my spouse. I’m a highly educated, Christian man who prides himself on integrity so experiencing something of this nature has had a huge impact on me emotionally, physically and spiritually.