Landers Toyota Scion
10825 Colonel Glenn Road Little Rock, AR 72204
Sales: (888) 314-4350 Service: 501-568-5800 Parts Center: 501-568-5800
“Negligence”, “Misrepresentation”, “Bait and Switch”, “False & Misleading Advertising” and “fraud and deception”
I negotiated the purchase of subject vehicle, a 2009 Mercedes Benz G55 AMG with Landers Toyota during 45 plus days of thorough communications and detail negotiations online via documented emails and phone calls. After inquiring regarding ALL pertinent information on history, mechanical and physical condition of said vehicle I was assured by Landers Toyota that their vehicle was in “Mint over all condition”, “Immaculate mechanical condition”, and “Showroom cosmetic condition”. “A Perfect vehicle free of any/all damages, i.e., dents, dings, nicks, scratches, rips and tears or any/all problems.” Based on that quotation of vehicle condition confirmed by Landers Toyota I entered into a contractual agreement to purchase said vehicle from seller and Landers Toyota agreed to purchase our (2) trades from us.
On 08-10-2012 Landers Toyota provided me the final purchase contract. We signed and legally sealed above transaction. On 08-16-2012 we fully paid for our purchase balance due in the amount of
$84,326.51. Certified bank check via overnight delivery. In doing so we requested to expedite the process of finalization and delivery. (Copy of sales contract and full payment attached).
In order to expedite the process further we obtained/forwarded a 14 day payoff from the lien holder for the Bentley Arnage. Landers Toyota agreed both verbally and contractually to have said loan in the amount of $49,826.51 paid off no later than 08-24-2012.
Seller had also entered into a legal agreement to pay us off on their purchase/equity of the 2nd trade, 2001 Porsche Twin Turbo. This payment was to be forwarded to us within a maximum of 10 total days from receipt of the final payment on the vehicle sales contract and their receipt of Title/Pink Slip for the Porsche. Which was promptly delivered to them along with signed and dated purchase contract and related documents on 08-11-2012 via overnight package?
Landers Toyota agreed to sell the 2009 MB G55 AMG to us for $98,000.00 ALL inclusive. Landers Toyota represented this sales price/value to be the current KBB retail value of the vehicle on August 2012. Sales price supposedly included the following pre negotiated items of represented value by the dealer:
1. 72 mos 100k miles Power train warranty. (valued at $3,000.00 by Landers Toyota)
2. Full Interior and Exterior Detail (Valued at $795.00 by Landers Toyota)
3. Application/Installation of complete Interior and exterior Paint, Fabric, Leather protections. (Valued at $1,999.00 by Landers Toyota)
4. Door to Door delivery of ALL involved vehicles in an enclosed carrier shipping at a value of $2,500.00 added to the sales price.
(Copies of contract and due bills attached)
After thorough research we discovered that the actual KBB value of sold vehicle had been wrongfully inflated, and totally misrepresented by Landers Toyota in excess of $7,200.00. This value was misrepresented to us with no prior knowledge or signed disclosures. (Copy of the final sale contract attached) It appears that Lander Toyota charged us for undisclosed additional items of value without proper notice, disclosure and/or explicit written consent. (KBB value print out attached)
Landers Toyota represented the odometer reading as 28558 miles as disclosed in ALL related documents including but not limited to the Odometer statement. The vehicle was delivered to us with 29187 miles in odometer reading. (Signed odometer statement attached)
Landers Toyota entered into an agreement to have the purchased vehicle Shipped to us, and trades delivered to them for an additional cost of $2,500.00 to us. This transportation was to take place via an “Enclosed carrier”. This amount was added to the pre negotiated price of the vehicle. Sales price was increased from $95,500.00 to $98,000.00 as verified in the final sales contract as well as documented emails. Expedited delivery date/time was clearly agreed upon by Landers Toyota for that inflated fee within 7-10 total days of full payment which was on 08-16-2012. (Copies of emails attached)
Landers Toyota charged us for “Enclosed carrier” shipping fees which are considerably higher than open carrier delivery, and failed to deliver accordingly on both accounts. The vehicle was delivered over 23 days passed the committed time, and it was on a Flat bed tow truck open carrier. (Copies of supporting documents/emails attached)
The vehicle delivered did not at all match the condition as described prior to sell. Plus, it was completely filthy-dirty and full of Interior and exterior damages along with mechanical issues and failures. Clearly witnessed, photographed, and video recorded upon arrival. (Copies of supporting documents attached)
Landers Toyota misrepresented the 2009 MB G55 AMG as a “Mint over all condition”, “Immaculate mechanical condition”, and “Showroom cosmetic condition”. “A Perfect vehicle free of any/all damages, i.e., dents, dings, nicks, scratches, rips and tears or any/all problems.” However, it was delivered to us with 9 total areas of damage on the Interior and exterior of the vehicle, and several broken and/or inoperable equipment through-out, including several warning lights on as visible on the video recording at delivery, and service repair orders. (Pic’s copies & emails attached)
The MB G55 AMG was to be delivered with ALL of its belongings, including but not limited to: ALL Books, warranty guides, Owner’s Manual and misc Svc records/papers. (None delivered) ALL (front/back floor and cargo mats. (Carpeted and Rubber cargo mats not delivered)
Landers Toyota also misrepresented the overall condition of the MB G55 AMG tires. The vehicle was delivered with damaged, uneven wear, bald and worn Tires which do not pass safety standards.
(Pic’s, Service repair orders, replacement costs invoices attached)
Landers Toyota agreed to purchase our Trade #1, a 2001 Bentley Arnage Red Label for the amount of $38,500.00. Payoff an amount of $49,826.51, and utilized the positive equity of the 2nd trade towards the negative equity/payoff shortage of Trade #1. Landers Toyota paid the vehicle off, and subsequently “stopped” payment on the issued check to Provident Federal Credit Union, negating the transaction, and our legally binding contractual agreement of buy and sale executed on 08-10-2012. To date Landers Toyota has refused to follow through with their signed contractual obligation in paying off this trade. As a result of their negligence, we have been subjected to the burden of several bad check fees, penalties, late fees, and derogatory credit reporting regarding this past due loan amount onto my Credit files. (Copies of related document attached)
Landers Toyota agreed to purchase my trade #2. 2001 Porsche Twin Turbo Tip Coupe for the amount of $45,000.00. $20,000.00 of this equity was due us in the form of a cashier’s Check delivered to us within 10 total days of the final payment on our purchased vehicle, and delivery of the Pink Slip/Title for the Porsche. They failed on ALL accounts. Their check was not delivered for over 27 days after the agreed upon time, it was not a cashier’s check, and subsequently they negated on this contractual agreement of this transaction by stopping payment on this check as well. (Copies of documents attached)
Landers Toyota’s negligence in 4 promised date/time for delivery attempts failed again and again. This further negligence over a 7 day span caused us in excess of $6,000.00 in unnecessary fees and additional related transportation and delivery charges. The seller, Landers Toyota Ownership fully admitted this terrible negligence, took responsibility and agreed to reimbursement of these charges both verbally and in writing. Details were clearly discussed with Mr. Scott Landers, via documented personal telephone conversations, whom agreed to reimburse $4,800.00 of these charges as a result of their complete/total negligence, before, during and after the process had been completed. Landers Toyota included this amount of $4,800.00 reimbursement funds due us, along with the $20,000.00 equity check on the 2nd trade. A check in the amount of $24,800.00 was sent to us. We promptly deposited this check and later discovered it was not good either, and returned to us bounced, for stopped payment. This act of negligence further burdened us with additional Bad check fees, penalties, and bank charges. (Copies of checks and related documents attached)
Landers Toyota’s representative, their hired shipping company not only clearly misrepresented the facts related to delivery dates and times throughout this transaction. They did so, in 4 separate occasions to 3 different individuals accommodating this delivery process. They deliberately lied to us without remorse. At which point we notified Landers Toyota via email of this misconduct and asked to discontinue our communications with the transport company moving forward. The demonstrated no ethics or honesty and it was imperative to communicate this further negligence to Landers Toyota and their agents. (Copy of such email attached) Furthermore, this transport company agents/drivers damaged the trade, 2001 Porsche Twin Turbo on its way up the transport carrier on the pick-up date. This damage was to the front spoiler bumper as well as rear end and dual exhaust pipes/tips of said vehicle. It scraped the ramps in the front on its way up as it was being driven by the driver, and bottomed out at the rear. Causing severe damage to the Porsche. We advised Landers Toyota of this damage the same day as it took place, via email along with the poor and not as described condition of the G55 upon its arrival. (Video and Pic’s attachment to follow)
Upon receipt of the vehicle, and on the same day after delivery an e-mail was sent to Landers Toyota regarding the condition of the G55 as delivered with an itemized list of damages along with the fact that it was shipped on an open carrier and not enclosed carrier as we were charged the sum of $2,500.00. Landers Toyota not only did not acknowledge nor responded to our e-mail, but clearly retaliated with a complete/total fabricated list of issues with our trades instead. Later Landers Toyota demanded to rescind the contract in lieu of being held accountable for ALL their deliberate miss conduct through-out this transaction, along with an enormous amount of financial damages, loss of time and effort they have caused us. Not to mention the clear case of misrepresentation on value and condition, negligence in payment for purchased trades, bait and switch and false and misleading advertisement on miles, value and condition of subject MB G55 AMG. I feel that being a woman and a single mom may have instigated their actions and misconduct. Assuming they might be able to get away with such conduct due to my gender and apparent lack of experience in these matters.
Landers Toyota to obey by the contractual agreement already in place executed on 08-10-2012 and payoff their purchased vehicles, 2001 Bentley Arnage Red Label and its current FULL loan amount due to Provident Credit Union as contracted. Including ALL penalties, late fees, and Interest due current to date since 08-10-2012.
Plus procure the derogatory information reported by Provident Credit Union to my Credit Bureaus as a result of Landers Toyota’s Negligence regarding payoff and bad check submitted.
Landers Toyota to forward replacement funds in the form of Cashier Check-Certified Bank check (ONLY) in the amount of $24,800.00 in lieu of their bad/bounced check, plus fees and penalties. (Copies attached)
Landers Toyota to reimburse for the current to date bad/bounced check fees of $181.25 charged to our account and ALL related late fees and penalties assessed by Provident Credit Union. (Copies attached)
Landers Toyota to reimburse the total fees of $107.00 charged by BofA, due to bad check fees, and penalties. (Copies attached)
The exterior /interior damages of the MB G55 AMG must be repaired by Landers Toyota or the cost to make the necessary repairs reimbursed to us so we can have repairs performed by our local MB Dealer.
Some of the mechanical issues/problems were already addressed at the MB Dealer Service Dept. A few issues were handled and repairs performed already and some covered under MB Warranty copy attached. Balance to be determined as the vehicle is currently in the MB Service department for possible transmission issues and not properly shifting concerns. (Partial repair order invoice copies attached)
The application of Paint-Fabric and Leather protection was valued to us at $1,999.00 by Landers Toyota during our pre sale negotiations. It was estimated at $2,499.00 by the Local MB Dealer. Since Landers Toyota failed to have these services performed/applied, and the vehicle was deliberately delivered without these services, we request full reimbursement of ALL related charges and values.
Landers Toyota was to perform a complete interior and exterior detail service to the vehicle prior to delivery. A value of $795.00 quoted by Landers Toyota during our negotiation of final price. Since the vehicle was delivered without this value performed as negotiated we request full reimbursement of such value so we may perform this service locally. (Copy of email and dealer due bill attached)
Landers Toyota quoted a value of $3,000.00 for the 72 months and 100k miles Power Train Warranty they were supposed to have included in the sale. We have not received any/all contracts, or documents regarding this item/value sold to us without our prior knowledge or consent. Landers Toyota to forward us the appropriate contract regarding this supposed Mercedes Benz 72 Months and 100k miles warranty agreement or the reimbursement for such undisclosed/hidden charges.
It has been over sixty days since this purchase transaction was consummated and Landers Toyota is continuing their refusal of making final payment and/or making good on their contracted obligation regarding this legally binding transaction.
I believe that Landers Toyota has continuously demonstrated a gross case of clear “Negligence”, “Misrepresentation”, “Bait and Switch”, “False & Misleading Advertising” and “fraud and deception” through-out this transaction which must be addressed by the authorities in the state of Arkansas as well as Oregon.
We are seeking help and cooperation of Arkansas Motor Vehicle commission towards immediate resolution of this extremely deceptive business conduct by a dealer doing business in your jurisdiction.
Having said that, please allow me to also stat that we are extremely reasonable consumers and are truly willing to be as flexible as possible in order to reach a fair resolution for this terrible situation.
I can be available for any/all questions or to provide you with additional information and supporting documents you may feel necessary towards confirmation of this complaint and related facts.
Thank you in advance for your valuable time, help and support.