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Dealer lied about CPO

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Old 12-16-2023, 02:38 PM
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Default Dealer lied about CPO

I just bought a 2021 F type convertible to replace my XK convertible. I did a nationwide search to insure I got just what I wanted. I am in St. Louis and found two within a few hundred miles but ultimately settled on one in FL that was more expensive and had more miles than the other. Even though shipping was going to be about $1,000 more, I decided on the one in FL since it was offered with a CPO warranty that would cover it bumper to bumper for three more years. When the car finally arrived, it had no owner's manual, no floor mats, the keyless entry did not work, nor the remote start. The AC vent would not rise and I was getting a message that the battery was not sufficiently charging. Obviously any CPO inspection would have caught any of these things. I brought it to the local dealer and he confirmed that it was never certified. I have a long trail of emails to the salesman, the sales manager and finance manager all who misrepresented the CPO status. I left a message for the GM at the dealership and have not heard back. What is a fair settlement on this? Can the car still be certified at this point? If not, what monetary damages should I ask for? Had they been honest with me, I would have paid about $2,000 less with the other cars I was looking at, saved $1,000 or so in shipping and ended up with a car with 10,000 fewer miles. I am really surprised a franchised dealer would scam me like this!
 
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Old 12-16-2023, 02:54 PM
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If you have it in writing that it's certified then what you purchased is not what was delivered, and a refund is not an unreasonable ask. Internet forums really aren't the place for legal advice, I'd discuss this with a lawyer.
 
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Old 12-16-2023, 03:12 PM
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Thanks. Obviously not looking for legal advice really just practical advice. I am holding off writing my cargurus review until I hear back from the GM. If it doesnt work in my favor, rather than taking the legal route I will just smash them on my review, file a complaint the Federal Trade Commission, Better Business Bureau and challenge the $2,000 downpayment I put on my CC. Even if I don't win, it will give me at least $2,000 worth of satisfaction that I cause several thousands of headaches for the crooked dealership.
 
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Old 12-16-2023, 03:33 PM
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That's probably about what I'd do. I think I would:
  1. Contact "Fair Trading" (which I think is the equivalent of your BBB) and ask for their advice. They will tell me to do step 2 and 3 first then contact them again for more advice, but it's important to log the case with them early.
  2. Talk to the GM at the dealership and try to come to an amicable solution.
  3. If step 2 doesn't work request a refund in writing, giving them a set period of time to respond to my request. In Australia, giving them a clear timeframe to respond is extremely important for future legal action, YMMV hence my advice to discuss with a local lawyer.
  4. Send another letter seven days before the period of time I gave them runs out, advising that legal action will commence immediately if "A satisfactory solution is not forthcoming." This letter will hold more weight if it comes from your lawyer, on their letterhead, and specifies exactly what will happen if they do not comply.
  5. Sic the dogs on them.
I would wait until the entire process is finished before writing a public review, as a review will a) make them even less likely to help than they already were and b) possibly be used against you by them to demonstrate that they did no wrong and you're just a karen having a sook. Definitely write a public review, I'd just hold it off until the very end so you can say you've given them every chance to rectify the situation.

"Never attribute to malice that which can adequately be explained by stupidity." - Robert Hanlon.

It's possible that this was simply a mistake on the part of the salesperson and the dealership will want to resolve it for you, and if you have a written statement from the salesperson that the car is certified then they really have no choice as they've misrepresented the car. When talking to the GM remain calm and approach it something like "Look I understand mistakes happen, but I need you to take responsibility for your staff and resolve this issue. I'm willing to work with you to get this resolved, so please tell me what you need me to do so that you can make this right." Wait until they tell you to "Get F'd" before you start talking about lawyers and legal action, but the moment they do then go hard at them.

Good luck
 
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Old 12-17-2023, 06:36 AM
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Originally Posted by Tom Martin
..... Even though shipping was going to be about $1,000 more, I decided on the one in FL since it was offered with a CPO warranty that would cover it bumper to bumper for three more years. .....
I've moved your post from Jaguar Forums Feedback & Suggestion Centre to General Tech Help forum. As stated at the top of the Forums Feedback & Suggestion Centre, ....THIS SECTION IS NOT FOR TECHNICAL QUESTIONS. It is for questions or suggestions about the forum.

In more general terms, Jaguar Forums is NOT the place to post libelous allegations. If you have a dispute with the supplying dealer, pursue it with your legal advisor. The only reason I haven't removed your post is you didn't name the dealer. I can understand your frustration and annoyance but be very careful where you go with this topic and this applies to any other member posting in reply.

Graham
 
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Old 12-17-2023, 08:29 PM
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Tom, see what the GM of your local dealership can do for you. If you are still not happy with what those results are, I would gather up all of your e-mails and I would also spend the $150-200 to have your local dealership do a once over of the car, noting the problems you pointed out. the battery I would give them a pass on as that could easily happen on the transport between Florida and where you live if the driver of the truck did not lock the doors and the car did not "go to sleep". this can kill a battery pretty quickly, especially if the battery is a few years old. Once you have all this information, send a certified letter with copies of all the e-mails, bill of sale (showing the CPO certification), and the list of problems from your local dealership (may want to blacken out the dealership information to protect your local dealership's interest) and send all this information to JaguarUSA. Politely explain what you put above and how you went with the more expensive car because it was a CPO vehicle. But, when it showed up, it was obvious that it had never been done and was certified via your local dealership. Include the VIN number of the car as they can confirm your side of the story. I bet you will find that the dealership that you bought the car from will be more than willing to give you just about anything that you want at that point. With what that dealership did, Jaguar could very easily pull their franchisee license which would make it so they can't sell Jaguar cars. Depending on how far they want to pull things, they could lose their entire JLR association. Jaguar is cutting back on their dealerships. You give them a good reason for why one should be shutdown (lying about doing a CPO on a car is a big deal), it jumps up on the list for the next on the chopping block.

Only then would I be looking for a lawyer and going that route. But, if you go that route, ask for the world (lost value of the car, covered cost for repair, lawyers fees, etc). This will tend to get peoples attention, especially if you can get it in the courts by you because then you are having to have them fly to the area to defend themselves. It gets costly really fast. they will be much more willing just ot give you money to get you out of their hair. I do not advocate having to go this far, but sometimes when a company does something so blatantly wrong, they need to feel the pain of their actions.
 
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Old 12-17-2023, 09:29 PM
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Excellent advice being shared here. Cannot add anything additional, only that I’m disappointed that a Jaguar Dealer would pull this swindle off. I’m hoping that it’s comes down to some miscommunication, and the OP gets a satisfactory resolution.

Slightly off topic, but what value does a CPO designation to a pre owned Jag provide, once the extra warranty expires?
IOW, does the history of the car, having been sold as a CPO Jaguar, add any future value, beyond the extra CPO a warranty?
 
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Old 12-17-2023, 11:14 PM
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CPO adds one year to the factory warranty. There were two year remaining on factory, so this gives me a total of three years.
 
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Old 12-17-2023, 11:18 PM
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One of my questions is, can a car become a CPO after it is sold? The CPO process has 165 inspection points and there were several that would not have passed so my guess is that the process was never completed. Yes, the battery can drain on a two day trip, but it should have sufficiently charged after several days of driving. I am hoping that it is a miscommunication. And yes, the consequences for the dealer are very serious. I'm sure I will come out on top. And, despite the problems, I LOVE the car!
 
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Old 12-18-2023, 02:33 AM
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Originally Posted by Tom Martin
One of my questions is, can a car become a CPO after it is sold? The CPO process has 165 inspection points and there were several that would not have passed so my guess is that the process was never completed. Yes, the battery can drain on a two day trip, but it should have sufficiently charged after several days of driving. I am hoping that it is a miscommunication. And yes, the consequences for the dealer are very serious. I'm sure I will come out on top. And, despite the problems, I LOVE the car!
I bought a 2018 XE S in July last year and I asked three dealers of varying trustworthiness if there was any way they could do this.. All three agreed absolutely not. The closest I got was one dealer agreed to do the CPO inspection and tell me if it would have passed or failed.
 
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Old 12-18-2023, 03:07 AM
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To clarify Jaguar CPO (Certified Pre-owned) can only be offered by an authorised Jaguar Dealer and not by a dealer in Jaguars which is something different.

An Approved Certified Pre-Owned Jaguar vehicle has undergone a rigorous evaluation comprising 165 points of scrutiny show in the checklist below. If any deficiencies are detected, they are corrected by a Jaguar Retailer using only genuine Jaguar parts. In addition, a Vehicle History Report is provided along with every Approved Certified Pre-Owned Jaguar.





CPO vehicles are the best of those used vehicles offered by Jaguar Dealers. Typically a dealer will have a selection of used vehicles but only a small proportion will be CPO. Both my Jaguars are one previous owner and purchased from Jaguar dealers - the XK is CPO but the F-Pace is not. Don't be fooled into thinking a CPO vehicle will be flawless. My XK had some broken and missing trim items. The advantage of CPO was the dealer replaced them without question or cost.

The additional benefit of CPO is extended coverage. The precise details of this will vary across World markets but in general when the New-Vehicle Limited Warranty expires, Jaguar Approved Certified Pre-Owned Limited Warranty coverage applies until the vehicle is up to 7 years old from original In-Service/In-Use date or has traveled 100,000 miles, whichever occurs first. Here in the UK, Roadside Assistance is also extended. I'm not sure if this also applies in the US.

CPO is still a used vehicle but comes at higher cost and the buyer should rightly have higher expectations.

Graham
 
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Old 12-18-2023, 12:03 PM
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Potentially good news here. Just got off the phone with JLR. They confirmed that it was not showing as a CPO. They called the dealer and the dealer said that they have not yet submitted the paperwork. (It has been about two weeks since purchase. They said that they would do this today and it should be in the system by tomorrow. The only thing that makes me a bit suspicious is that my understanding is that the car must go thought the 165 point checklist. There were at least six failure points here. Hopefully a non-issue. Thanks everyone for the feedback!
 
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  #13  
Old 12-19-2023, 03:25 AM
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Tom,

Items in the 165-Point Checklist are:

1. absolute - does it work YES or NO?
OR
2. quantitative - is wear within acceptable limits?
OR
3. qualitative - in acceptable condition?

Category 3 is the most difficult because we all have different ideas of acceptable condition. In this respect, I'm the customer from Hell!

As I wrote in post #11, my CPO XK still had some minor faults but it wasn't difficult getting them rectified even though the dealer was 250miles away. I'm an Englishman so my first thought is always negotiation and last thought is litigation. If something doesn't come up to expectations, I prefer to get it right rather than to get even.

Although carpets and mats are an item in the Interior check section, if mats aren't present, they won't be assessed. However, no dealer in their right mind is going to argue the cost of providing complimentary replacements on what you are likely to have paid them for the vehicle.

Owner's Handbooks are online and a 2021 model won't necessarily have been supplied with a printed handbook. Depends on World market. If the US market didn't provide handbooks for the 2021MY, they are available from the JLR printers for replacements:
https://www.jaguarlandroverliteratur...e/replacements

This portal is intended for dealers but Elanders are happy to supply owners directly (at a cost). Several members, myself included, have purchased document sets from there.

For remote start, you will need an InControl account and the vehicle linked to it. My F-Pace was still linked to the previous owner and I had to contact JLR to have this reset. A dealer can setup a new vehicle but mine couldn't amend an existing owner/vehicle connection.

Looks like things are moving in the right direction for you.

Graham
 
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Old 12-19-2023, 03:46 AM
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Thanks, Graham. The floor mats were pictured in the ads and the ad specified they were all weather mats so it clearly needed to be included. There was also a picture of the owner's manual and keys. Most of the things that would not have passed the inspection were the first type (works/doesn't work). Keyless entry, remote start, auto start/stop. The local auto parts store tested the battery and it indicated that the battery is good but not getting sufficient charge. This should have definitely been picked up.
 
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Old 12-19-2023, 05:00 AM
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Tom,

If it's pictured, it should be there. The dealer could have used pictures from another similar vehicle for the advert (lazy but not uncommon) so that's their problem to resolve the missing items.

Keyless entry should work regardless of InControl status provided the smartkey is in range although I still think remote start could need linking to you. Several members have chosen to deactivate auto stop/start on their vehicles. I loathe it and have it disabled on my F-Pace. Yours could have been disabled by the PO and you may have to reconnect it if it's a feature you like.

Modern Jaguars eat batteries. I keep whichever vehicle I'm not using on a CTEK.

Graham

 
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