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Dealer Fraud, Malibu, Mercedes-Benz S550

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Case Description

Car buyer went into a dealership to purchase a new car and was asked to sign a blank credit application to have his "credit checked". The buyer purchased a 2008 Mercedes-Benz CLS63.

Almost immediately after purchasing the vehicle, the buyer discovered that the vehicle had damage and that some of the items listed on the vehicle's window sticker as included were missing. The dealership told the buyer that he would need to purchase the missing items. The buyer expressed dissatisfaction and requested that the dealership take back the Mercedes CLS63. The dealership refused to take back the vehicle, but offered to sell the buyer a different vehicle instead. Reluctantly the buyer purchased a 2009 S550 and the dealer used the 2 day old CLS63 as a trade-in with negative equity against the new car.

The buyer complained several times of the vehicle's cost as well as to the additional services that the finance manager insisted were required to make the exchange, but that were listed on the paperwork as an option. The buyer felt pressured into purchasing the $102,630.00 Mercedes-Benz S550.

On both sales, the loan application for the cars were not filled out by the buyer, but instead were filled out by one or more employees of the dealership in different handwriting. In filling out the credit applications, the dealership misspelled the buyer's name and address; the dealership grossly inflated buyer's income much higher than what he informed the dealership that he made; the dealership fictitiously added rental income that the buyer did not have; the dealership fictitiously added a $400,000 investment portfolio to the credit application that did not exist; the dealership self-appraised and/or exaggerated the value of two properties owned by the buyer; the dealership grossly exaggerated the buyer's length of employment and fictitiously stated that the buyer was retired.

The buyer tried several times to return vehicle to dealership and asked for copies of his loan and credit applications. The dealership refused to give the buyer copies of his credit applications and instead responded by the General Manager of the dealership calling to threaten the filing of a malicious lawsuit against the buyer.

The buyer retained the Law Offices of Robert B. Mobasseri to request an immediate repurchase and/or rescission of his vehicle and be reimbursed for all related expenses to both vehicles. In return, the buyer would not pursue charges of fraud against the dealership in court.

The dealership, without any admission of liability or conceding the merit of any of the consumer's claim, offered within 30 days of receiving the demand by the Law Offices of Robert. B Mobasseri, to rescind the buyer's vehicle contract and reimburse the buyer for all expenses related to the purchase of both vehicles.