Complaints

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• Initial Complaint

  Date:11/06/2024

  Type:Billing Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  The situation took place on May 16 with the "Car Clinic Calgary" dealership. I made an appointment for a test drive and inspection of the car by my mechanic. Upon arrival at the dealership, the manager, **********************, agreed to provide the car for a test drive and inspection for a period of 3 hours, on the condition that I leave a deposit of $1,000. I asked about the terms of the deposit, and the manager assured me that if I didn't like the car, he would return the $1,000 right away. The deposit agreement was not signed because the manager assured me that this was "not accepted" in his dealership and that a signed check with the inscription "deposit" would be sufficient as confirmation for a refund. While driving, there was a knocking noise in the chassis of the car, which clearly indicated a malfunction of the car's suspension system. After inspecting the condition of the car "under the hood," it was also discovered that there was an oil leak and damage to many pipes. After that, I decided to return the car to the dealer and refuse the purchase. I returned to the dealer after the 1-hour test drive and told the manager that I didn't like the car and wanted my deposit back. After that, the manager started getting nervous and called his employees to convince me to buy the car. He offered an additional check, which I refused, as the decision had already been made. Then the manager said that because of me, he had lost potential customers and had already put the status "pending" on the ******** Marketplace platform - which I did not ask him to do. He then refused to return the deposit. Despite my attempts to settle the situation peacefully, the manager reacted very aggressively and did not want to listen to me. When I asked for written confirmation that he did not want to return my deposit, he printed out his own version of the situation, which was inaccurate, and insisted that I sign it. Of course, I didn't sign it, but I managed to take a photo of "his version."

  Business Response

  Date: 21/06/2024

  We take customer concerns seriously and strive to provide a positive experience for all. In this particular situation, we followed our standard procedure for selling a vehicle and accommodated the customer's request for a mechanic inspection. We stand by the condition of the car and the transparency of our communication throughout the process. We regret any misunderstanding and are open to further discussion to address any remaining issues. 
  
  The customer came at 9am inquiring about a 2016 ***** Equinox we have for sale. I showed the car to the customer and showed him the small damage on the front grille and he agreed to buy the car under the condition that he will take to the mechanic for an inspection. I asked him how long he would need it for, he said for 3 hours. I then informed him that I do have customers to come see it. He said that he will definitely buy it if theres nothing is wrong with the car. I then asked him to put a 1000$ Deposit and he did, I told him that if the mechanic finds a small issue we will fix it, if he finds big issue or leaks, then we would give him his money back, otherwise its non refundable, the customer agreed. I texted the customers who were coming that the car is pending sale and canceled their appointments, I marked the Facdbook Ad as pending. 
  
  The customer came back at ******* with the vehicle. He said the mechanic found few issues, oil leak and markings on parts. I asked him to show me, we went outside to the car. There was no oil leaks at all when I asked him to show me and he was unable to show me any issues, I explained to him that the markings on the parts are from the manufacturer and its a standard procedure.
  
  He then said theres an issue with the car while driving, I said lets go for a test drive so you can show me the concern, the customer refused to go on a test drive. I then offered him to have the car inspected by the dealership itself, the customer refused and said he only believes his Mechanic.
  
  

  Customer Answer

  Date: 25/06/2024

   
  Complaint: 21831101
  
  I am rejecting this response because: 

  The dealership owner assured me that if I decide to cancel the purchase of the car, he will immediately refund 100% of the deposit, regardless of the reason. The amount paid was not an advance payment for the car, but solely a deposit, guaranteeing that I would return the car after inspection. The owner signed a check where he personally wrote "deposit," further confirming the payment as a guarantee for the return of the car.
  In *******, consumers benefit from the Consumer Bill of Rights, which mandates fair treatment in transactions. According to these rights, consumers have the right to accurate information about goods and services, including clear terms regarding deposits and refunds. If a consumer cancels a transaction, they are entitled to a full refund of any deposits paid, unless otherwise agreed upon in writing.
  Moreover, the Consumer Bill of Rights in ******* prohibits unfair practices such as misleading advertising, deceptive sales tactics, and unreasonable contract terms. These laws are designed to protect consumers, promote transparency in business dealings, and provide avenues for consumers to seek recourse in cases of disputes or contract breaches.
  
  Sincerely,
  
  Yevhenii Sikorskyi