November 20, 2010
In 2008 my wife and I purchased a vehicle from Mike Duman auto sales in Suffolk, Va.
We were happy with the vehicle for the needs at that point in time. The vehicle was a 2007 Suzuki XL7. We also always purchase items that may hold their resale value. This vehicle has leather, wood grain and a DVD player in the back (for my one child). Two years and one additional child later it was time for something a little bigger. Julie and I went to Chevrolet dealership. We located a 2011 Chevrolet Tahoe. They informed us the VIN number on the vehicle we were attempting to trade in was part of a "Lemon Buyback". The Chevrolet dealer, along with 3 others, were only able to offer us between $3,000 and $5,000. After researching on www.google.com I found out the definition of a "Lemon Buyback".
"A lemon buyback is a vehicle that has been reclaimed by the car manufacturer on or after January 1, 1996, because warranty promises were not kept after defects were discovered. The reacquired vehicle, before resale, must be registered in the manufacturer's name. The law's intent is designed to protect buyers of used cars and new cars."
The following day I located all the paperwork from the original sale. I wanted to find out if we signed any paperwork stating that we were aware this vehicle was part of a "Lemon Buyback"
I was unable to locate any. I then contacted the dealer in Suffolk Va. I spoke to the Sales Manager by the name of A.J. He informed me that he will need to locate our paperwork to make sure we were not made aware. A few hours later I contacted him back. He informed me that he was unsuccessful locating any paperwork were we were made aware that this vehicle was part of the buyback program. AJ asked me when I would be able to come in. I informed him my wife and I would be in on Saturday (November 20, 20100).
On November 20, 2010 Julie and I Went to Mike Duman Auto Sales in Suffolk, Va. We were greeted at the door and pointed in the direction of AJ. After speaking with the Sales Manager (AJ) he informed us that he would see what he could do. AJ directed us to our original sales person. We looked on the lot and found a 2007 Chevrolet Tahoe. We believed this vehicle suited our needs and a vehicle that was comparable to the one we were looking to buy when we discovered the Buyback Notification on this vehicle. Even though we wanted a 2011 Tahoe from a different dealership, we would compromise and work with the Mike Duman Dealership.
Our current payments on the vehicle we are driving are $250 a month. I informed the sales person I would even meet him in the middle and accept a payment of $300 or less if need be.
After AJ discussed the situation with Mike Duman himself (my wife and I saw AJ speaking to him directly) what they could do, the only thing they stated they could do would be to give us Bluebook Value, because of depreciation. He informed us that the new payment would be over $500. We informed him that the law states (according to lemon law.com) that because they did not inform us that my 2007 Suzuki XL-7 was a "Lemon Law manufacturer Buyback" before we purchased it that they were liable to give us full purchase price back. AJ went back to discuss this with Mike Duman and came back and said that they would still only be able to give me bluebook. The sales manager stated he is aware that they did not inform us that this vehicle was part of a Buyback. When I went to the dealership they had only the mind frame to sell me a vehicle and not work with the current incident at hand.
I am not trying to get something free, but I am in a very difficult position right now. If I wanted to look past this, which I don't I am only limited to the Mike Duman Dealership. The way I feel regarding this whole ordeal is:
1) Mike Duman is refusing to work with us at all besides just trying to sell us a vehicle.
2) I went above and beyond what I should have done and even offered to pay $50 more a month in a car payment.
3) I admit that I got use out of the vehicle, but I would have never purchased it if I knew this upfront. There is very little trade in value in it.
4) I am limited to this one dealership if I want to purchase a new/used vehicle.
I also found this which exactly fits my predicament:
Virginia Lemon Law
Virginia Code, Â§ 59.1-207.9 to 207.16:1
1-207.16:1 Disclosure of returned vehicles; penalty.
A. If a motor vehicle that is returned to the manufacturer or distributor either under this chapter or by judgment, decree, or arbitration award in this or any other state and is then transferred by a manufacturer or distributor to a dealer, licensed under Chapter 15 (46.2-1500 et seq.) of Title 46.2, in Virginia, the manufacturer or distributor shall disclose this information to the Virginia dealer.
B. If the returned vehicle is then made available for resale or for another lease, the manufacturer shall, prior to sale or lease, disclose in writing in a clear and conspicuous manner, on a separate piece of paper in ten-point capital type, to the Virginia dealer that this motor vehicle was returned to the manufacturer, distributor or factory branch, the nature of the defect which resulted in the return, and the condition of the motor vehicle at the time of transfer to the Virginia dealer. It shall be the responsibility of the dealer that receives this disclosure to give notice of its contents to any prospective purchaser or lessee prior to sale or lease, and to transfer the disclosure, or a copy thereof, to the next purchaser or lessee. A dealer's responsibility under this section shall cease upon the sale or lease of the affected motor vehicle to the first purchaser or lessee not for resale or lease.
(WHICH WE ARE THE NEXT PURCHASER)
C. Any manufacturer or distributor who violates this section of the Motor
Vehicle Warranty Enforcement Act shall be guilty of a Class 3 misdemeanor.