Advantage Suzuki of Albany, New York, Takes Advantage
Albany, New York.
Business as usual in the failing Tech Valley. Picture this scenario: You are looking for a used car and you peruse the automotive section of a regional Newspaper, the
Times Union, a publication of the
Capital Newspapers Division of Hearst Corporation and you find a perfect match offered by what you presume to be an established and reliable dealer,
Advantage Suzuki in Albany, NY. So you tear out the ad and make your way to the dealer, test drive the car, decide it's what you're looking for, negotiate a sale price, make your deposit to secure the deal, take a day off from work to take care of the banking and insurance aspects, etc. Then you get a phone call from the salesman who says "We've got a small problem."
Well, that's what happened to AJ (intitials changed to protect the individual) when he responded to an ad appearing in the January 24, 2009, issue of the Albany Times Union. The ad was part of a larger offering placed by an Albany, New York, authorized Suzuki dealer, Advantage Suzuki, located at 760 Central Avenue in Albany, New York.
The Advertisement
AJ went directly to Advantage Suzuki the following day and spoke to a salesman there, Russell Frost, test drove the 1999 Suzuki 1999 Suzuki Esteem GLX wagon VIN#
JS2GB41W4X5161845 (Advantage Suzuki Stock No. 21-417) and found it to be what he was looking for. AJ negotiated a price for the vehicle with Frost and confirmed the deal with Frost's manager, David Laurence, who agreed to sell AJ the vehicle for $3,200.00 (from the original $3,990.00). That was on Sunday, January 25, 2009.
AJ takes the day off on Monday to make banking arrangements for the purchase, to arrange for insurance coverage, and the usual formalities connected with buying a car. At about 3:00 salesman Frost leaves AJ a voicemail message saying that there was a "small problem."
AJ returns salesman Frost's call and is told that the vehicle will not pass the required New York State vehicle inspection, that the state inspector would not pass the vehicle because of deterioration of the vehicle subframe. Salesman Frost informs AJ that the if he wanted the car, the repairs would cost about $2,700.00, in addition to the negotiated and agreed price.
AJ makes some inquiries with other automotive specialists, smells a rat, and makes arrangements to return to Advantage Suzuki to inspect the so-called defects himself. He brings along a witness.
On arriving at Advantage Suzuki Frost meets AJ and leads him to the repair bay where the car is raised on a lift. Frost attempts to demonstrate the deterioration using the light of his cell phone (impressive, eh!?!). AJ's witness tells Frost to get a proper light. Frost is unable to respond to questions and when asked if he knew what a "subframe" is he says "No. I'm not sure." (This is a 'professional' selling cars to the public!) He points out a square part but is unable to identify it or its function (it was the oil pan). At this point patience is wearing thin and AJ instructs Frost to get a mechanic who at least knows what he's pointing to. '
Frost enlists one of Advantage Suzuki's own mechanics, M. (name not used here to protect the individual) who explains the problem and can point out the affected parts. M. states that in its present condition the inspector would not release the vehicle. The vehicle was, in M's own words, not "retail ready". When pressed to explain the term "retail ready" M. explains that what he meant by not "retail ready" was that it was not in suitable condition to be sold.
When confronted with this situation, salesman Frost admits that the vehicle was not inspected before it was advertised, that if a vehicle looks pretty good it is put out on the lot, and that the ad was placed in the automotive section of the Times Union "to make the Saturday paper" (absolutely undaunted and careless of any effect on the responding public!!!).
AJ asks salesman Frost what he intends to do to make good on the deal. Frost says that he can offer to do the repairs for a reduced rate if AJ agrees to the original advertised price of $3,900.00. AJ asks Frost to give him the total figures for all costs and fees and agrees to consider the offer. (Frost then informs AJ that the down payment made was "reversed", that is, credited back to AJ's credit card. AJ had not previously demanded return of the down payment.)
The next day, on Tuesday, January 27, 2009, AJ calls Advantage Suzuki to speak to a manager (on the Monday evening there was apparently no manager present) to discuss the arrangements to be made. Instead of the $3,990.00 AJ makes a compromise offer of $3,500.00 for the vehicle including the necessary repairs.
This time he speaks with manager Joe Barakat who refuses the offer of $3,500. Barakat says that he'll go ahead with the repairs and sell the car for more money and make something on it. AJ, already disappointed and feeling abused, refuses to pay the $3,900.00 and rejects the offer.
The important issues in this incident are that Advantage Suzuki either placed an ad in the public media (including the Internet) advertising a vehicle for a specific price which obviously was intended to draw the public attention and attract potential buyers. Advantage Suzuki did this either
Knowing the vehicle was in their own words not "retail ready" -- in other words knowing that the vehicle was not suitable for sale for the intended purpose because of defects, or
Were unaware (but should have known!) that the vehicle was not "retail ready" yet still offered the vehicle to the public for sale and implied its operability and suitability for its intended use; that is, implying the vehicle was suitable for operation and transportation.
By Advantage Suzuki's own admission, the vehicle "looked good" and was put out on the lot and the ad was placed in the newspaper "to make the Saturday paper." Advantage Suzuki negotiated and agreed to sell the vehicle for $3,200.00 to AJ -- even presuming that minor repairs would have to be made to protect the seller's and the buyer's interests and to offer a reasonable warranty -- accepted a down payment in good faith (establishing a contract) and then, on discovering that the vehicle was not "retail ready" attempted to extract from AJ more money for repairs, and when AJ refused to pay the additional money and insisted that the original deal be honored, Advantage Suzuki managers David Laurence and Joe Barakat refused, even saying that they intended to make the repairs and sell the vehicle for more money and "make something on it."
From these facts it is obvious that:
- Albany's Advantage Suzuki either did not care whether the vehicle was "retail ready" when it advertised it or that Advantage Suzuki did not take reasonable steps to ensure that the vehicle was "retail ready" before the ad was placed.
- Furthermore, it is very obvious that Advantage Suzuki management doesn't give a rat's ass for drawing a consumer into this irresponsible mess and then ignoring the inconvenience caused to the potential buyer.
- Finally, Advantage Suzuki apparently has no regard for its agreements and commitments regarding its deals made with consumers acting in good faith; in fact, Advantage Suzuki acted in bad faith by agreeing to a price and then, discovering that it was at a dis-Advantage due to their own negligence, tried to get the buyer to foot the bill and then they refused to honor the deal.
On our Scoundrel Scale, Albany's Advantage Suzuki scores a 9.5 or two pink rats.
That's a rare high Scoundrel Score.
And now, does anyone wonder why businesses are tanking at an unprecedented rate in the Capital Region area?
Advantage Suzuki has been invited to comment.
We notified Mr Dave Laurence, one of the involved managers at Advantage Suzuki, of this blog entry. Mr Dave Laurence has submitted a response but, before publishing his response, we have asked Mr Laurence to respond specifically to the facts reiterated in the comment below.
To see the facts for which we are requesting Mr Laurence's comments, click on "Comments" below.
We note that the same ad for the same vehicle appears on page C-11 of the Times Union newspaper as shown on the online Times Union. (HWV: 28Jan09)
We do not waive the opportunity to file a formal complaint with the Times Union Consumer Advocate, Suzuki of America, and the Albany District Attorney and the Office of the Attorney General.
Advantage Suzuki's website can be viewed at: http://www.kookyforsuzuki.com/index.htm
The actual Advantage Suzuki advertisement in the Albany Times Union can be viewed at: http://tuweb1a.timesunion.com/adsonline/images/pdf/332004401.pdf or http://tuweb1a.timesunion.com/adsonline/displaylarge.asp?Adid=332004401&adPage=11&adsection=C&Adname=Advantage+Suzuki&adURL=&adEmail=&viewdate=1/26/2009
Advantage Suzuki is rated: "Okay sales and service, rude finance manager - triker1 - Jun 5, 2008" at http://maps.google.com/maps?oe=utf8&ie=UTF8&q=albany+advantage+suzuki&fb=1&split=1&gl=us&view=text&hl=en&latlng=2097647586842328569&ei=6oqASafsGobaNqWDsLwC&dtab=2&action=open
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