I've never been so insulted.
I recently tried to purchase a used Prius from Koch Rt 2 Toyota, and everything was fine until it came time to work with the finance team. I had not really haggled on the price and just negotiated $750 more on my trade-in. I was a pretty easy mark. They were definitely making money on the deal, and I didn't really even care. They had the car with the options I wanted, and it was really low mileage. I was happy, and they were happy. Win-win, or so I thought. I was even paying with a cashier's check. Super easy, but then I had to deal with the finance team.
I start signing every document until we get to the one that says that I must waive my right to sue them if something is wrong, and instead submit to binding arbitration. I questioned it and said I don't think I can sign this.
I was buying a used car that had an open recall that did not yet have a fix. The previous owner had the car for only 8 months before selling it. Did the previous owner think it had a problem? I have no way of knowing. Then, Koch had replaced the lift gate (it's a hatchback) for damage that was not reported to CarFax... some sort of accident the previous owner had. All of these things together said to me that I was taking some amount of risk to buy this car. Why would I sign away my right to sue if there is a problem?
I pointed this out, and the junior finance manager brought in a more senior finance manager, Anthony. Anthony started off by saying all dealerships require an arbitration agreement now. I don't know if this is true, but I have many cars and have never signed one. He told me that this was a relatively new thing. He told me it was due to changes in the law, saying "Look, this is right out of Massachusetts law." I asked what law? And I asked him to show me. He went to the computer and clicked around for a couple of minutes, and eventually said he couldn't find it. Then he said, "well, it's just for our protection." And "most finance companies require this now." I reminded him that I was paying in cash and not financing.
Then he said, "It just like how at Dunkin, they print on their cups that coffee is hot and you can't sue them if you spill it on yourself." I said,"that's not true. I am not signing away my rights at Dunkin." They have a warning, just like you have all those disclaimers that I signed.
Then he started with "What are you afraid of? Are you planning to sue us?" I told him that I was afraid that I was buying a used car with an open, currently unfixable recall, that recently had an unreported accident that required them to replace the lift gate, which was sold to them by someone who had only had the car for 8 months. I was taking all the risk. I was giving them over 30k, had signed every disclosure they had, but was unwilling to sign over my rights if the car was a lemon.
He responded that arbitration does not affect the lemon law. So I googled it right there in front of him. Arbitration absolutely limits the lemon law. It restricts what can be considered reasonable remediation, keeps everything confidential and out of public hearings, and is almost always better for the company than the consumer.
That's when he started repeating multiple times, "What are you afraid of? Are you planning to sue us?" As he was standing there in front of me. Each time getting a little closer and turning his head a little as he stared through me. He was such a condescending bully. I have never been so insulted. I have never sued anyone. By the 5th time he said it, I asked to undo the deal and give me my car back.
I will never go back to Koch Rt 2 Toyota ever again. I'm not sure how I feel about arbitration, and maybe I would have signed it, but I am not spending that much money for someone to be so incredibly rude, bullying, and trying to gas light me with his obvious and checkable lies.
What are you afraid of Tony? Are you planning to defraud me?
What are you afraid of Tony? Are you planning to defraud me?
What are you afraid of Tony? Are you planning to defraud me?
No, I guess that's not rude at all. This is how you lose business. read more