Complaints

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• Initial Complaint

  Date:06/09/2025

  Type:Product 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.

  I signed a contract to purchased a vehicle from Elite Auto Auctions on 4/25/25. I remitted payment via wire transfer to *************, to the account of ****************, a/c#************, in the amount of $4,000. For some reason that was not disclosed, the broker was unable to satisfy the contract and deliver the vehicle. I then followed the online protocols and submitted an online request for a refund and sent a letter dated May 16, 2025 formally requesting a refund to the corporate headquarters via certified mail which was received on May 21, 2025. Countless texts were sent to ************ requesting status of my refund with only excuses why the payment cannot be sent such as the "manager who sends the check had an emergency". Essentially continually putting me off. My complaint is that I feel this transaction is fraudulent or at the least misrepresentation and want my $4,000.00 to be returned to me.

  

  Business Response

  Date: 06/11/2025

  We are in receipt of the complaint filed by ****** ********* regarding his recent transaction with Elite Auto Auctions, concerning a vehicle purchase dated April 24, 2025.
  Upon review of his file, we must respectfully dispute his assertion that this transaction was fraudulent or involved any misrepresentation. In fact, our records confirm that he purchased two vehicles through our platform. One of these vehicles was successfully delivered to him without issue. The second vehicle, which is the subject of his refund request, could not be fulfilled due to unforeseen circumstances outside of our control.
  As per the Customers Declaration: Pursuant to Statute that he signed, he acknowledged and accepted that all vehicles are sold AS-IS, with no warranties or guarantees, and that in the event of a delivery issue, he would make a good faith effort to locate and accept a comparable replacement vehicle from our inventory. This term is fundamental to our transaction model and is intended to provide a fair and timely resolution in instances where the original vehicle cannot be delivered.
  Despite this provision, he elected not to proceed with a comparable unit and instead demanded an immediate refund. While we respect his position, the request for an early refund constituted a deviation from the agreed-upon process. Nevertheless, in the interest of customer service and in accordance with our internal refund policies, his account was closed and a refund was processed.
  On June 9, 2025, a refund check in the amount of $2,800.00 was issued to him (Check No. 1306), which reflects the original payment of $4,000.00 less an early termination and administrative processing fee as permitted under our Terms of Use and refund policy.
  Please find enclosed/attached the Refund check issued.
  We trust this clarifies the actions taken on our part and confirms that his refund request has been fulfilled in good faith and in accordance with the signed agreement. All actions taken were in strict accordance with the terms he agreed to upon purchase. His refund has been processed and issued appropriately. We consider this matter resolved and respectfully request that you update the complaint to reflect the facts and resolution provided.
  
  

  Customer Answer

  Date: 06/15/2025

   
  Complaint: 23436894
  
  I am rejecting this response.

  Thank you for forwarding Elite Autos reply. I must correct several material misstatements and reaffirm my request for a full refund of $4,000.
  

  AS-IS Irrelevant Without Delivery. The AS-IS clause governs condition only after a sale is completed. I never received the vehicle in question, so its condition is immaterial. 
  Your protocol should have been followed by collecting a deposit then, once the vehicle was confirmed, collect the balance in the required time frame. Instead you billed the full $4,000 with no assurance the car could be sourced.
  

  Undisclosed Early-Termination & Administrative Fees. Nowhere in our email-brokered agreement or in any pre-purchase communication was a 30% early-termination or administrative processing fee disclosed.I had no opportunity to review or consent to these fees before remitting my payment. This non-disclosure violates basic principles of fair dealing under Pennsylvanias consumer-protection laws.
  

  Mischaracterization of Timing & Intent. Contrary to your claim, I did not demand an immediate refund.. Timeline of events: April 24, 2025: Vehicle purchase. Late Aprilearly May: I weighed alternatives and placed bids on comparable cars. May 13, 2025: After three weeks of good-faith effort, I formally requested a refund when no replacement could be provided. My request was deliberate and measured, not impulsive.
  

  Failure to Explain Delivery Failure. Even in your response you could not provide why the vehicle was unable to be delivered, yet you feel you're able to retain my funds, just because.
  Off-Platform Transactions Non-Disclosure. This deal was not on platform. I did not enter a bid through your site. Our deal was negotiated via text and finalized by emailed contract, Elite Auto chose that communication method.
  

  In closing, the following summarizes why the deal and subsequent refund continue to be misrepresented
  

  Material Terms Werent Disclosed. I never saw an early-termination or administrative fee before paying. Absent clear, prominent notice of a 30% penalty, its unfair to spring that on me after Ive already handed over $4,000. Under Pennsylvanias UTPCPL, failing to disclose a material charge upfront can be deemed deceptive.
  No Vehicle = No AS-IS Condition. The AS-IS clause only applies after you take delivery. Since you never received the car, its undisclosed condition is irrelevant.
  

  Measured, Good-Faith ********* didnt demand an instant refund, I waited nearly three weeks, explored alternatives, then formally asked on May 13. That timeline undermines any claim I acted impulsively.
  Deposit vs. Full Payment. Industry norm, and from reading your site something you follow, is to collect a smaller deposit until a car is confirmed, then bill the balance. Charging the full amount up front, without ensuring availability, shifts all risk onto Elite Auto Auction acting outside of protocol and accepting funds without any realization that a vehicle can be obtained. This request was driven by the bait and switch pricing for my other vehicle that was in transit. See attachments. I lost all faith in your company after that experience.
  

  Communication Method Doesnt Excuse Non-Disclosure. Whether negotiated by text or email, you as the dealer chose that process. If key fees were tucked into fine print I never saw, that still counts as non-disclosure. Clearly, your fees need to be conspicuously disclosed, not hidden in an ancillary document.

  I reaffirm my request for the return of the remaining $1,200.00 that you withheld.
  
  
  Sincerely,
  
  ****** *********