CANNOT BE TRUSTED
After some research, my daughter decided to buy a Mazda 3. She checked the web sites and followed up on a few advertised possibilities but when she had them checked out by a trusted mechanic, they failed. After spending too much on this approach, she decided to go to Mazda Dealerships relying on the ethical, moral and legislated consumer protection standards imposed on Dealerships in British Columbia.
These standards are well detailed by the Motor Vehicle Sales Authority of British Columbia at http://www.mvsabc.com/images/pdf_files/VSAGuidelines-General-Final.pdf
Paragraph 13.2.4. of this document states:
A failure to accurately disclose a material fact to a consumer is a deceptive act or practice if the outcome is deceptive or misleading, even where the dealer does not have actual or constructive knowledge of the material fact. The VSA defines a material fact as any information that may have a significant effect on a consumer's...
After some research, my daughter decided to buy a Mazda 3. She checked the web sites and followed up on a few advertised possibilities but when she had them checked out by a trusted mechanic, they failed. After spending too much on this approach, she decided to go to Mazda Dealerships relying on the ethical, moral and legislated consumer protection standards imposed on Dealerships in British Columbia.
These standards are well detailed by the Motor Vehicle Sales Authority of British Columbia at http://www.mvsabc.com/images/pdf_files/VSAGuidelines-General-Final.pdf
Paragraph 13.2.4. of this document states:
A failure to accurately disclose a material fact to a consumer is a deceptive act or practice if the outcome is deceptive or misleading, even where the dealer does not have actual or constructive knowledge of the material fact. The VSA defines a material fact as any information that may have a significant effect on a consumer's decision to buy a vehicle or the amount to pay for a vehicle, including any defects that may significantly affect the operating characteristics, safety, or useful life of the vehicle.
This is the background to my daughter’s most unfortunate experience at Midway Mazda in the South Surrey Auto Mall.
She found a Mazda 3 she liked at this dealership so she and her mother test drove the vehicle, checked around it and in it, doing all the “normal” things one does when buying a car from a dealership. All looked fine to them, although they have limited knowledge of cars, but buying from a dealership gave them comfort. My wife’s brother is a car sales manager in Victoria so he contacted Midway Mazda on our behalf and spoke to them. A reasonable price resulted and, as I was going to provide financial assistance to my daughter with the purchase, we visited the Dealership. Along with the normal and expected positive remarks about the car from the salesperson, we were presented with the Dealership’s 100+ point inspection all of which checked out fine with the exception that the brakes were getting worn and we were advised the brakes would need attention within a few months. We bought the vehicle.
That very evening, my daughter took the vehicle to show it off to some of her friends, one of which seems to know about cars and commented that the tires seemed worn. So my daughter took the car to our trusted mechanic first thing the next morning to see how worn the tires really were and if she needed to replace them. However it was not the tires that concerned him but rather the rust he found. He put the car on his hoist where it was immediately apparent that the entire undercarriage was severely rusted (photographs are available if required). Clearly, this car was in bad shape and the Dealership had failed to meet the standards imposed on it to disclose a material defect as discussed above.
My daughter was understandably very upset. She again contacted her uncle in Victoria who in turn immediately contacted Midway. We believe that the pressure brought to bear on Midway Mazda by my brother-in-law resulted in them agreeing to take the car back but only as a trade-in on another vehicle for the full price we paid, but not a refund.
Just a point on the Dealership’s 100+point inspection, as others have stated in their complaints about this dealership on the internet, the inspection is worthless. The Dealership claimed that nothing on their checklist was answered incorrectly and stood by it. I cannot argue that fine point, but as the checklist didn’t actually have a check box for “Rusted undercarriage”, I suppose they are correct in saying the points that were included on the list were accurately answered. However, they totally failed to honour their obligation to disclose a “material fact” as required in the paragraph I quote above from the Motor Vehicle Authority of BC web site.
So we had to find another car on their lot. Of course, as they already had our money from the first purchase, we now had no negotiating power whatsoever and we ended up paying almost full sticker price ($300 less) for another Mazda 3. This time we were not about to trust anything Midway Mazda said about the vehicle or the 100+ point inspection, so we took it to our trusted mechanic who promptly found rust on the hatchback door! Back at Midway, they agreed to swap the rusted hatchback door with another Mazda 3’s door that had no rust, BUT we would have to pay $200 for the labour to do so! By now we just wanted out of the Dealership, never to darken its doors again, so we paid the $200 plus the $900 extra cost of this second vehicle. And when they put the “new” hatchback door onto our vehicle, they even got it a bit skew but we took it in order to just get out of the Dealership.
I would NEVER buy anything from the Midway group again. I am sure there are other more ethical Mazda dealerships if I ever wanted to buy a Mazda in future, but this experience makes it highly unlikely that I would.
Comments
The following is our response to Mr. W's VSA complaint with names abbreviated and selling price redacted to protect our customer's privacy. We fully support the VSA process and look forward to a positive outcome in this case.
S W purchased a 2008 Mazda3 from Midway Mazda on Sep 23, 2013 after extensive shopping with the help of her mother and father and with expert mechanical advice (their family’s “trusted mechanic”) and expert auto business advice (S’s uncle, brother in law to Mr. W, a car sales manager). The Ws had previously rejected “a few” vehicles from other sellers based on their mechanic’s advice.
During the price negotiation which, as Mr. W notes involved his automotive expert, all our information was disclosed to the Ws. This information included our 106 point inspection that showed rear brakes were marked as 30% remaining. It also included the Car Proof report that showed that the vehicle had been registered exclusively in BC including Campbell River and Burnaby. The ICBC report that Ms. W was shown and signed also showed that ICBC had recorded several “Estimates” as well as one instance of collision repairs for $3146.49. Midway Mazda had previously obtained the ICBC “Detailed Vehicle Damage Information” for the collision repairs. This was provided to the Ws as well in the spirit of full disclosure and they have included it as part of the documentation in their VSA complaint. Based on the above, the Ws and their expert auto business advisor asked for and received a discounted selling price of $xx,xxx which included Midway Mazda’s commitment to install new rear brakes at Midway Mazda’s expense.
During the course of our reconditioning process, before Ms. W purchased this car, our technician performed these operations:
• Oil and filter Change
• Replaced air filter
• Replaced power steering pump and pipe assembly
• Replaced right rear shock absorber
• Replaced left licence lamp bulb
• Replaced left reverse light bulb
• Replaced left headlamp bulb
• Replaced worn air conditioning compressor drive belt
Our technician did not note any defects that were not in accordance with the Motor Vehicle Act. This vehicle met and exceeded the requirements of the Motor Vehicle Act.
The W’s mechanic objected to the appearance of the undercarriage surface corrosion. Any steel surface will oxidize over time and kilometrage. Any surface scratch through the clear coat and painted surface will oxidize (rust) over time. Vancouver Island and the Lower Mainland are reputed to have the mildest climates in Canada. Even British Columbia vehicles may be subject to many different road and environmental conditions. Any five year old vehicle that has travelled 80,000km may evidence surface corrosion on the undercarriage. Mazda Canada includes a 60 month, regardless of kilometrage, limited warranty against any perforation due to corrosion of the Mazda vehicle. This car does not represent a warrantable condition under the terms of Mazda Canada’s warranty.
Two days after Ms. W taking delivery of her Mazda3, we were contacted by S’s uncle, the car sales manager. Midway Mazda then offered several potential solutions to the Ws to improve their current vehicle. It became clear that the only solution that would be satisfactory to the Ws and their third party would be to allow them to trade their vehicle back in for a full credit against another vehicle in our inventory. Midway Mazda was glad to offer this solution.
Many criteria come into play when a consumer is selecting used goods. Primary among those criteria is often price. We tried very hard to help the Ws find a vehicle that met their expectations for price, mileage, history and condition. Several times we suggested that the Ws put their full trade in value towards a new Mazda vehicle in order to ensure that they receive a new car at the start of its lifespan with manufacturer’s warranty. They eventually selected a 2007 Mazda3 Sport.
The Ws test drove and inspected this vehicle. Midway Mazda insisted that the Ws take the car to their mechanic for a pre purchase inspection. The concern the Ws and their mechanic had was a small area of surface rust on the outside rear hatch of the vehicle. This rust spot was approx ½” wide by approx 3” long. It was clearly visible from even the most cursory look at the rear of the vehicle. It was not “found” by the W’s mechanic.
To further allay the W’s concerns, Midway Mazda agreed to swap the hatch with the spot of rust with a compatible hatch from yet another Mazda3 in our inventory, provided that the Ws pay for only the labour to do so. The Ws agreed and Midway Mazda sent both vehicles to an ICBC accredited local body shop to have the swap done.
At that point the Ws were satisfied with the terms of the new transaction and concluded business to trade in the first Mazda3 and purchase the second Mazda3. Once again the Ws declined to purchase an extended warranty. The Ws negotiated a further discount of $300.00 on this second vehicle.
Midway Mazda had no indication that the Ws were unsatisfied with their final purchase until a Midway Mazda employee found several duplicate online reviews that that were defamatory, incomplete, and pejorative, and clearly were written in regards to S W’s purchase.
Midway Mazda promptly contacted S W to see what further could be done especially in regards to the hatch that is still claimed to be out of alignment. It was explained that the ICBC accredited body shop that installed the hatch would certainly stand behind their work and perform an adjustment if required.
Midway Mazda also contacted Mr. W as it was clear he had written the online reviews.
First we attempted to contact Mr. W via email. When asked if we could possibly speak to him regarding his concerns with his daughter’s car, he replied: “No, I'd rather not. If you have anything to say, please put it in writing.”
The next day Midway received the VSA complaint written by Mr. W. Midway Mazda promptly called Mr. W and asked what else could be done to make his family happy with the transaction. He stated that he was happy with the outcome in this situation, and that his daughter now has a well functioning vehicle that she enjoys. However he also said that the ends did not justify the means, and that he wanted to pursue his VSA complaint for purely vexatious reasons.
We believe that Mr W is under the mistaken impression that it was the “pressure” he applied via his brother in law, the car sales manager, or the threat of VSA action that prompted Midway to act to remedy the W’s concerns about the vehicle they purchased. We have repeatedly explained to the W family that it is always in our interest to work towards a solution to any reasonable customer concern.
This dealership has already done its utmost to create a satisfactory outcome for this consumer. Which is:
•Sell a vehicle with full disclosures and all available history provided to the customer
•Apply a full credit against another comparable vehicle of the customer’s choice
•Reduce the substitute vehicle selling price by another $300.00
•Donate another complete vehicle rear hatch assembly from our inventory to the customer’s car
•Allowed third parties to this transaction to negotiate, arbitrate and inspect our vehicle on the customer’s behalf.
•Midway Mazda remains responsive to our customer’s reasonable concerns.
PHOTOS:
Please see photos below of ENTIRE undercarriage. Not just close ups of corrosion. Also close up of pristine brake lines.
http://i913.photobucket.com/albums/ac332/midwaymazda/photo3_zps4407d238.jpg
http://i913.photobucket.com/albums/ac332/midwaymazda/photo2_zps3a78b919.jpg
http://i913.photobucket.com/albums/ac332/midwaymazda/photo1_zpse1271630.jpg
Yeah..... an answer & excuse for everything, funny how the same thing happened to me