Sovereign Automotive and Financial LLC formerly of Rodman Street in Hollywood, FL posted an online ad on www.cargurus.com in March 2015 for 2004 PT Cruiser GT Turbo with KBB of $5600 and only 77,000 miles. I and others incl NC Car Dealer saw the ad for $3000. It showed a silver PT Cruiser with yellow writing $500/down. I contacted them and a man named Leo Shalom responded. He sent several text messages that "car ran great, come get it" "Pay $3000 cash or $500 extra to his car dealer friend" etc. In ALL communication via Sovereign AND Leo Shalom car was said to be in great condition with no engine or transmission problems with low miles. Sovereign told me to buy the car from Leo Shalom because supposedly I wouldn't be back down there again within 30-days under Sovereign's warranty but THEY did the paperwork and it was THEIR mechanic who said it had no engine or transmission problems.
They knew the true condition of the car before they advertised, they knew it had been crashed, a fleet car, and still didn't disclose it. Instead they spoke in Hebrew so I wouldn't understand. They had at every opportunity the chance to tell me prior to me flying there that this was an elaborate fraud they also were in on. I don't think I'm the only one. I think they are targeting older adults esp women, Hispanics, etc. who see their religious garb and assume as I did that they wouldn't be dishonest. But THEY posted the ad, Leo Shalom did NOT.
Nobody seeing the actual online ad thought it was a total fraud which it was from the moment they advertised it on www.cargurus.com with 77,000 miles v. 294,490 ACTUAL miles. I never would have flown to Florida for a car with 294,490 miles which is why I demanded a refund when I got the Florida Title which I hadn't seen prior to buying it. They put "EXEMPT" in the mileage area on the Bill of Sale. I didn't find out until I got to the Florida DMV what the car's ACTUAL miles on the Florida Title was 294,490, the car had been in at least one crash-possibly two, had been a fleet car, and was extremely dangerous to drive due to that. The car's engine was really damaged either from the amount of mileage it had on it (294,490 miles) or the crash. The right tierod was loose, coolant hoses and adapter leaking, power steering fluid leaking, upper and lower motor mounts loose, windshield wipers needed to be replaced, the oil dipstick jammed into oil chamber, the "check engine" light being on wasn't a sensor as Leo claimed, it was REALLY engine problems as I said.
They had me fly down there for this car represented the way they'd said and it was only when I got there after spending all this money on plane flight, motel fees, etc. that I found out they were lying. I was stuck far away from home with no way to get home. I am 61 and disabled. I was very scared. I had gone down there thinking the car only had 77,000 miles. I NEVER would have flown to Florida for a car with 294,490 miles with major mechanical problems. I was pressured to "buy" the car ALL day in their offices while they spoke in Hebrew. I was assured by Sovereign's mechanic that the car was in great shape without engine or transmission problems. I told them I wanted another mechanic to see it but they refused saying the other mechanics would just lie because they knew them, etc. I asked over and over. I finally went with what the Dealer's mechanic said. He also said he ran the codes on the car and nothing came up. That was a lie because the "check engine" light was on. I drove it to Florida DMV and called Leo Shalom. I demanded a refund within ONE hour of paying for it and doing the paperwork which was also done by Sovereign. I bought it "as is" without them disclosing any crash, that it had been fleet car, that it was dangerous to drive and didn't meet basic specs which supposedly Florida doesn't have to abide by but North Carolina does. NC will not pass a car's Vehicle Insp with a "check engine" light on. Leo claimed the "check engine" light was really a sensor that needed to be reset, take it to any Auto Zone and it would be done. I still asked for my money back. He refused. I had foolishly paid the whole price rather than finance it. They were wearing Jewish religious garb and I am half-Jewish. When selling a car "as is" that is with FULL disclosure of ALL mechanical problems, the ACTUAL miles not what they've done to the Odometer to make it appear to have 77,000 miles it really didn't, it really being worth the KBB they claimed, etc. Auto Dealer fraud is as follows:
“Auto dealer fraud” is a term that describes deceptive and unlawful practices used by automobile dealers, at almost any stage of the vehicle purchase process. In other words, it is the sale or leasing of a vehicle without proper disclosure of known defects and/or dangerous conditions. Common examples of dealer fraud include the failure to disclose the vehicle’s previous use as a rental, existing frame damage, previous involvement in a collision, accurate condition of a vehicle, “salvage” title, odometer tampering, prior “lemon law” buy-back, etc. A consumer who has been a victim of dealer fraud is entitled to remedies under State and Federal Laws. Unfortunately, most consumers are not aware of the fact that they are victims of auto dealer fraud and when they do discover the fraud, they are unaware of their rights.
Sovereign Automotive and Financial LLC and Liron Shalom one of their two mechanics who purchased this Salvage vehicle from Robert William Jerklin III posted an online ad at cargurus . com in Spring 2015 for a 2004 PT Cruiser GT Turbo with 77,000 miles worth $5600KBB for $3000. The car had a salvage value of $100. They were regularly posting dangerous wrecks up for sale with enhanced photos and giving them values they didn't have. Photos were shown of the car with $500/down in yellow paint on the car dealer's lot not at anybody's home. It was never said it was a Consignment. I flew to Fla in April 2015 thinking they were telling the truth. In July 2016, the FHP suspended this dealer's license, VI-1048000 for doing this same exact thing as happened to me. Later there was another review they were selling dangerous wrecks with "doctored" photos.
That is 100% true. For those of you who are despairing under crooked car dealer's who lie and make you think you have NO legal recourse, you can't afford an attorney or have to do it yourself, I cite the caselaw you can use. It varies from state-to-state on some cases so do the research yourself on cases that back up your case, i.e. I'm doing Florida caselaw here.
You had to go through the dealer's online ad to talk to them about car. I did not look for a Private Seller, I looked for a Dealer for a reason. I didn't want to be stuck without any recourse with a lemon or a fraud. Well they sent me to their mechanic Leo who told me I could buy it from them or him. I got all these text messages "runs great, come get it" etc. ALL of them at this Dealership knew it was basically a salvage that wasn't worth what they claimed, it had never had a title transfer into a salvage title it should have had (I found this out later), the Notice of Sale was forged in the original Seller's name, address, and signature. There was no Carfax posted but because they were wearing Orthodox Jewish clothing I thought they were honest. It's against the Torah to misrepresent an item for sale. There was no FTC-mandated Buyer's Guide in the window. They also didn't put it in their inventory because they knew its conditiona nd wanted to hide the fact they'd had it on their lot. They intended to defraud anybody. It had been cosmetically but mechanically repaired so was unsafe to drive because it had never passed inspection and was actually illegal, and it also needed a new engine which was made worse by the leaking coolant problems. It overheated constantly and wasn't a sensor, it was a head gasket problem. It was difficult to steer cuz of loose right tierod and leaking power steering hoses. This all happened PRIOR to me buying it and why Mr. Jerklin had sold it to them for only $500. I was lied to by ALL of them about its condition incl their on-site mechanic who this other mechanic said was his. I didn't know about this or I would have posted it online sooner. It was a total fraud from the online ad to the after the purchase.
The car was basically a salvage and should have had a salvage title or salvage title rebuild but they had advertised it as if it didn't have "dimished" value and was actually what it would have been worth if it hadn't been wrecked or needed a new engine for that make, model, year and mileage. Thats how they got away with Deceptive Advertising. It would cost more than 80% of its fair market value to repair it to make it safe. Their claims adjuster tried to remove the wreck information off of the Carfax and she changed the odometer to 79,717 from the Cert Mech Eval. But it still said "dangerous" to drive and all its mechanical problems which made it unsafe. It's against §501.976 "Unfair and Deceptive Business Practices." It's also against §319.30 (d), (e), (f), and (h) under Salvage law. Their Surety Bond Company SureTec commit Bad Faith under §624 of Fl Law and Bad Faith under Texas 51.102. LAWS DIFFER BETWEEN THE STATE ON WHAT IS BAD FAITH IN INSURANCE CLAIMS. In my case she removed the wreck from Carfax which would make her client liable.
I didn't find out until I went to Fla DMV that it had 294,490 actual miles between odometer and title. I also saw the "check engine" light being on which it was. Sovereign had me buy it from Leo Shalom because he said "you probably wouldn't make it back down here in 30 days under my warranty." He then forged Mr. Jerklin's name while having me pay Leo Shalom. That wasn't the real reason. He knew the true condition of the car and didn't want to be held liable. He tried the old "As Is" clause but FL 3d Court of Appeals has struck down the language "As Is" and it applies to used goods. There are two FL Court Cases that cover auto dealer fraud in "As Is" cases. Consumer Law and FTC law also covers it. In this case FDUPTA also covers it. The "As Is" I agreed to buy was a car worth the $5600KBB Sovereign had advertised with no engine, electrical, transmission, or frame damage. They made sure I didn't know their names and called each other Rabbi. So when I signed the Notice of Sale its because I had no idea that was Title Fraud and that it wasn't one of their names or they hadn't got it from an estate sale which is what I wrongly assumed. Mr. Jerklin was never in their sales office or on their sales lot and he never sold me the car. THEY did. His info was forged. I constantly asked for another mech outside their dealership to look at it and was refused.I was pressured for hours to buy the car being lied to constantly by BOTH their mechanics. This Leo said the other on-site mechanic was his mechanic. The dealer and seller spoke in Hebrew so I wouldn't understand. I was told the "check engine" light was "just a sensor to be fixed at Auto Zone." I demanded a refund within ONE hour of buying it. I was refused and lied to again. I KNEW it had engine problems but I had NO address for this Leo person because they'd forged Mr. Jerklin's info on the Notice of Sale. They made sure there was nothing with their dealership name on it to back up what I'm saying. I had no idea that it was dangerous to drive or I would hae refused to do so. I could have been killed because it had a loose right tierod, leaking power steering fluids making it dangerous to drive, leaking coolant hoses, leaking adapter, needed upper/lower motor mount from unrepaired wreck, had squashed oil chamber. It was a total fraud incl Sovereign's mech who said it had no engine or transmission problems.
I had not anticipated this being a total fraud. I had no way to get home. There were no buses in that area and last minute plane flight would have been very expensive.
They did the following:
TYPES OF DEALER FRAUD--See Attached CarFax with CORRECT Vin. No. which shows the following:
•Non-disclosure of previous taxi, limo, and rental (corp. fleet car)
•Non-disclosure of frame damage (oil dipstick jammed into oil chamber; right tierod; upper and lower motor mounts)
•Non-disclosure of previous damage (accident, no frame damage) (from 2009 car wreck)
•Non-disclosure of salvage title
•Non-disclosure of accurate condition of vehicle (unsafe and/or material conditions) (right tierod, leaking coolant from hoses and adapter; leaking power steering fluid; major engine damage caused overheating)
•Non-disclosure of a “lemon law” buy-back
•Mileage or Odometer Fraud (claimed 77,000 miles but really was 294,000)
•Improper Certification of Used Cars
•Advertisement of special equipment or accessories (claimed it was Turbo when that doesn't work because not hooked up to engine--it's one reason I bought it, that supercharges the engine; Sovereign's mech claimed no major mechanical problems; claimed it had KBB it didn't; claimed it had 220,000 less mileage it didn't)
•Warranty Fraud (Sovereign said to buy from Seller Leo Shalom because he knew the real condition of the car and said I wouldn't make it down there within 30-days under warranty period which I couldn't because of the car's condition ALL of them had misrepresented online, in person, and by text. I demanded refithin 1 hour of buying because the "check engine" light was on and I said that was engine problems but was told it was "just a sensor, take it to Auto Zone."
Sovereign violated Federal Law when they failed to post a Buyer's Guide in the window. I could have bought it from them or Leo. Both they and Leo Shalom were selling same advertised car and both had to follow Federal laws. They violated FTC 16 CFR §455.2 Consumer sales—window for, violated 16 CFR §455.3 Window form and 16 CFR §455.4 Contrary statements. Any defense available under Federal Trade Commission Act (15 U.S.C.A. § 45(a)(1)) Background Section 5 of the Federal Trade Commission Act (FTC Act) (15 USC 45) prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.’’ The prohibition applies to all persons engaged in commerce . . . is also available under the FDUTPA. "As Is" vehicles. “As Is” warranty disclaimer begins with UCC §2-316(3)(a) and the “unless the circumstances indicate otherwise” language. In Knipp v. Weinbaum & Its Progeny (Florida) the Third District Court of Appeals of Florida first addressed whether implied warranties attach to used goods. In McNamara Pontiac, Inc. v. Sanchez (Florida) SO YES WHEN A DEALER TRIES TO PULL THIS CRAP ON YOU THERE IS LEGAL RECOURSE. You just have to know the caselaw. 2016 FTC-Final Rule says "As Is" has to be defined in the Buyer's Guide. The deliberately didn't put a Buyer's Guide in the car's window.
This case falls under FDUTPA §§501.201-501.213, 501.976, and criminal laws, §§319.22, 319.30, 319.33, 501.277 825.104. In the latter it is illegal to deceive or victimize somebody over 60 yrs old and disabled in Florida. Specifically, (2) Any person who is willfully using, or has willfully used, a method, act, or practice in violation of this part, which method, act, or practice victimizes or attempts to victimize senior citizens or handicapped persons, and commits such violation when she or he knew or should have known that her or his conduct was unfair or deceptive, is liable for a civil penalty of not more than $15,000 for each such violation. I also fall under the Car Dealer Consumer Fraud laws i.e. Milleniun Conmmunications & Fulfillment, Inc. V. Office of the Attorney Genalereral,8 observed that thus FTC standard was enunciated in SouthwestSunsites, Inc. V. FTC, 785 F.2d 1431 (9th Cir. 1986): The Commission will find deception if there is a representation, omission or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer's detriment."
This dealership chain has had heir license suspended by FHP for their deceptive business practices. They post dangerous wrecks with "doctored" photos for a KBB the car doesn't really have. Many times they are salvages without a proper salvage title which are dangerous to drive. They know this when they post the ad on popular car dealer sites like www.cargurus.com. They don't follow FTC law which says they have to put a Buyer's Guide with "As Is" defined in the window. They have NO problems bilking customers while wearing traditional Jewish religious clothing with Torah passages up. The Torah is very strict about not misrepresenting items for sale. Even though they wear the clothing they aren't really devout because they wouldn't fraud people if they were. Florida has a high Jewish population which they are trying to appeal to so people think they are "honest" when they're not. They lie, cheat, fraud, misrepresent without any remorse at all for putting the person in danger. They KNOW the car's mechanical problems but deliberately don't describe them. The car has an improper title. So while the car may be worth $140 they claim it's worth thousands of dollars it ISN'T.
They then forge the name of the original person they bought car from on Notice of Sale and Title to make it appear that he sold the car to the Buyer NOT them. They claim "private sale" doing this rather than dealer sale so it's not covered under their 30-day warranty. They claim despite their deceptive advertising online and in-person that the car is what they claimed. They have NO problems pressuring you in high pressure sales technique to purchase the vehicle. Many of these cars are very unsafe and the Buyer can be killed or they can kill another innocent party. Their surety bond insurance company is as deceptive as they are. Their claims adjuster will illegally remove wreck, fleet car, whatever information off the Carfax so it is hidden from Buyer. They don't allow "outside" mech inspections, you have to go with theirs who is as corrupt as they are. If you are the least bit naïve they will take advantage of you. Do NOT trust anything their mechanics say or they say. They may have you pay them instead of the dealer while forging the paperwork with somebody else's name altogether so you don't have mechanic's address although transaction took place on dealership lot and in their office. They openly violate FL DMV laws which is why they have been suspended at least once or twice although only in business for 5 yrs. They openly violate FTC laws.
"As Is" clause has been knocked down by FL 3d Court of Appeals as illegal in at least two cases. Dealer will claim "As Is" but your idea of what that means and theirs are two different things. He does this so he doesn't have to pay for repairs while under that warranty period. He knows the car is dangerous and shouldn't be on the road but doesn't care. Buyer will think it's what was promised you when it's not remotely the truth. They speak in Hebrew so you don't understand the definition.
Buyer BEWARE, run, do NOT WALK away from this car dealership. They have no problems with making you drive a very long way or even come from another state to see these dangerous wrecks they totally misrepresent online. They have no problems if you are unable to get to work, church, social events, the store, school, etc. because of their car dealer fraud just as long as they can steal your money. They have been called "Rabbi" or other names instead of their own. They never reveal their own name on purpose so you will sign fraudulent Notice of Sale with somebody else's name thinking it is theirs. No REAL Rabbi would do this especially to their own Jewish people whom they target. Do NOT be swayed by their so-called religious devotion, it's a front for crooks who violate their own religious laws. They will keep you in their offices for hours pressuring you to buy their cars, the test drive will be too short to show mechanical problems, they will refuse a refund when you DO find out. Absolutely keep ANY ads that you see them post as "proof." File with DMV Enforcement or FHP if they defraud you. If they actually do a felony forgery then report to State Attorney. File with BBB, Atty Gen, Senior v. Crime (if you are over 60 you are covered by state law F.S.A. 501.2077 which says it's a criminal act to deceive or victimize a senior), etc. If you are in an accident because of the poor condition of the car then find personal injury attorney on top of another car dealer fraud attorney. If their insurance surety bond company acts in bad faith then file with FL Dept of Ins on top of other agencies. They will "hide" the car so it doesn't show up in their inventory claiming it is this other Seller's car they are selling for them so they don't have to. They do this to hide the fact they actually ever had the car on their dealership lot.
Sovereign Automotive Financial LLC Reviews
Sovereign Automotive and Financial LLC formerly of Rodman Street in Hollywood, FL posted an online ad on www.cargurus.com in March 2015 for 2004 PT Cruiser GT Turbo with KBB of $5600 and only 77,000 miles. I and others incl NC Car Dealer saw the ad for $3000. It showed a silver PT Cruiser with yellow writing $500/down. I contacted them and a man named Leo Shalom responded. He sent several text messages that "car ran great, come get it" "Pay $3000 cash or $500 extra to his car dealer friend" etc. In ALL communication via Sovereign AND Leo Shalom car was said to be in great condition with no engine or transmission problems with low miles. Sovereign told me to buy the car from Leo Shalom because supposedly I wouldn't be back down there again within 30-days under Sovereign's warranty but THEY did the paperwork and it was THEIR mechanic who said it had no engine or transmission problems.
They knew the true condition of the car before they advertised, they knew it had been crashed, a fleet car, and still didn't disclose it. Instead they spoke in Hebrew so I wouldn't understand. They had at every opportunity the chance to tell me prior to me flying there that this was an elaborate fraud they also were in on. I don't think I'm the only one. I think they are targeting older adults esp women, Hispanics, etc. who see their religious garb and assume as I did that they wouldn't be dishonest. But THEY posted the ad, Leo Shalom did NOT.
Nobody seeing the actual online ad thought it was a total fraud which it was from the moment they advertised it on www.cargurus.com with 77,000 miles v. 294,490 ACTUAL miles. I never would have flown to Florida for a car with 294,490 miles which is why I demanded a refund when I got the Florida Title which I hadn't seen prior to buying it. They put "EXEMPT" in the mileage area on the Bill of Sale. I didn't find out until I got to the Florida DMV what the car's ACTUAL miles on the Florida Title was 294,490, the car had been in at least one crash-possibly two, had been a fleet car, and was extremely dangerous to drive due to that. The car's engine was really damaged either from the amount of mileage it had on it (294,490 miles) or the crash. The right tierod was loose, coolant hoses and adapter leaking, power steering fluid leaking, upper and lower motor mounts loose, windshield wipers needed to be replaced, the oil dipstick jammed into oil chamber, the "check engine" light being on wasn't a sensor as Leo claimed, it was REALLY engine problems as I said.
They had me fly down there for this car represented the way they'd said and it was only when I got there after spending all this money on plane flight, motel fees, etc. that I found out they were lying. I was stuck far away from home with no way to get home. I am 61 and disabled. I was very scared. I had gone down there thinking the car only had 77,000 miles. I NEVER would have flown to Florida for a car with 294,490 miles with major mechanical problems. I was pressured to "buy" the car ALL day in their offices while they spoke in Hebrew. I was assured by Sovereign's mechanic that the car was in great shape without engine or transmission problems. I told them I wanted another mechanic to see it but they refused saying the other mechanics would just lie because they knew them, etc. I asked over and over. I finally went with what the Dealer's mechanic said. He also said he ran the codes on the car and nothing came up. That was a lie because the "check engine" light was on. I drove it to Florida DMV and called Leo Shalom. I demanded a refund within ONE hour of paying for it and doing the paperwork which was also done by Sovereign. I bought it "as is" without them disclosing any crash, that it had been fleet car, that it was dangerous to drive and didn't meet basic specs which supposedly Florida doesn't have to abide by but North Carolina does. NC will not pass a car's Vehicle Insp with a "check engine" light on. Leo claimed the "check engine" light was really a sensor that needed to be reset, take it to any Auto Zone and it would be done. I still asked for my money back. He refused. I had foolishly paid the whole price rather than finance it. They were wearing Jewish religious garb and I am half-Jewish. When selling a car "as is" that is with FULL disclosure of ALL mechanical problems, the ACTUAL miles not what they've done to the Odometer to make it appear to have 77,000 miles it really didn't, it really being worth the KBB they claimed, etc. Auto Dealer fraud is as follows:
“Auto dealer fraud” is a term that describes deceptive and unlawful practices used by automobile dealers, at almost any stage of the vehicle purchase process. In other words, it is the sale or leasing of a vehicle without proper disclosure of known defects and/or dangerous conditions. Common examples of dealer fraud include the failure to disclose the vehicle’s previous use as a rental, existing frame damage, previous involvement in a collision, accurate condition of a vehicle, “salvage” title, odometer tampering, prior “lemon law” buy-back, etc. A consumer who has been a victim of dealer fraud is entitled to remedies under State and Federal Laws. Unfortunately, most consumers are not aware of the fact that they are victims of auto dealer fraud and when they do discover the fraud, they are unaware of their rights.
Sovereign Automotive and Financial LLC and Liron Shalom one of their two mechanics who purchased this Salvage vehicle from Robert William Jerklin III posted an online ad at cargurus . com in Spring 2015 for a 2004 PT Cruiser GT Turbo with 77,000 miles worth $5600KBB for $3000. The car had a salvage value of $100. They were regularly posting dangerous wrecks up for sale with enhanced photos and giving them values they didn't have. Photos were shown of the car with $500/down in yellow paint on the car dealer's lot not at anybody's home. It was never said it was a Consignment. I flew to Fla in April 2015 thinking they were telling the truth. In July 2016, the FHP suspended this dealer's license, VI-1048000 for doing this same exact thing as happened to me. Later there was another review they were selling dangerous wrecks with "doctored" photos.
That is 100% true. For those of you who are despairing under crooked car dealer's who lie and make you think you have NO legal recourse, you can't afford an attorney or have to do it yourself, I cite the caselaw you can use. It varies from state-to-state on some cases so do the research yourself on cases that back up your case, i.e. I'm doing Florida caselaw here.
You had to go through the dealer's online ad to talk to them about car. I did not look for a Private Seller, I looked for a Dealer for a reason. I didn't want to be stuck without any recourse with a lemon or a fraud. Well they sent me to their mechanic Leo who told me I could buy it from them or him. I got all these text messages "runs great, come get it" etc. ALL of them at this Dealership knew it was basically a salvage that wasn't worth what they claimed, it had never had a title transfer into a salvage title it should have had (I found this out later), the Notice of Sale was forged in the original Seller's name, address, and signature. There was no Carfax posted but because they were wearing Orthodox Jewish clothing I thought they were honest. It's against the Torah to misrepresent an item for sale. There was no FTC-mandated Buyer's Guide in the window. They also didn't put it in their inventory because they knew its conditiona nd wanted to hide the fact they'd had it on their lot. They intended to defraud anybody. It had been cosmetically but mechanically repaired so was unsafe to drive because it had never passed inspection and was actually illegal, and it also needed a new engine which was made worse by the leaking coolant problems. It overheated constantly and wasn't a sensor, it was a head gasket problem. It was difficult to steer cuz of loose right tierod and leaking power steering hoses. This all happened PRIOR to me buying it and why Mr. Jerklin had sold it to them for only $500. I was lied to by ALL of them about its condition incl their on-site mechanic who this other mechanic said was his. I didn't know about this or I would have posted it online sooner. It was a total fraud from the online ad to the after the purchase.
The car was basically a salvage and should have had a salvage title or salvage title rebuild but they had advertised it as if it didn't have "dimished" value and was actually what it would have been worth if it hadn't been wrecked or needed a new engine for that make, model, year and mileage. Thats how they got away with Deceptive Advertising. It would cost more than 80% of its fair market value to repair it to make it safe. Their claims adjuster tried to remove the wreck information off of the Carfax and she changed the odometer to 79,717 from the Cert Mech Eval. But it still said "dangerous" to drive and all its mechanical problems which made it unsafe. It's against §501.976 "Unfair and Deceptive Business Practices." It's also against §319.30 (d), (e), (f), and (h) under Salvage law. Their Surety Bond Company SureTec commit Bad Faith under §624 of Fl Law and Bad Faith under Texas 51.102. LAWS DIFFER BETWEEN THE STATE ON WHAT IS BAD FAITH IN INSURANCE CLAIMS. In my case she removed the wreck from Carfax which would make her client liable.
I didn't find out until I went to Fla DMV that it had 294,490 actual miles between odometer and title. I also saw the "check engine" light being on which it was. Sovereign had me buy it from Leo Shalom because he said "you probably wouldn't make it back down here in 30 days under my warranty." He then forged Mr. Jerklin's name while having me pay Leo Shalom. That wasn't the real reason. He knew the true condition of the car and didn't want to be held liable. He tried the old "As Is" clause but FL 3d Court of Appeals has struck down the language "As Is" and it applies to used goods. There are two FL Court Cases that cover auto dealer fraud in "As Is" cases. Consumer Law and FTC law also covers it. In this case FDUPTA also covers it. The "As Is" I agreed to buy was a car worth the $5600KBB Sovereign had advertised with no engine, electrical, transmission, or frame damage. They made sure I didn't know their names and called each other Rabbi. So when I signed the Notice of Sale its because I had no idea that was Title Fraud and that it wasn't one of their names or they hadn't got it from an estate sale which is what I wrongly assumed. Mr. Jerklin was never in their sales office or on their sales lot and he never sold me the car. THEY did. His info was forged. I constantly asked for another mech outside their dealership to look at it and was refused.I was pressured for hours to buy the car being lied to constantly by BOTH their mechanics. This Leo said the other on-site mechanic was his mechanic. The dealer and seller spoke in Hebrew so I wouldn't understand. I was told the "check engine" light was "just a sensor to be fixed at Auto Zone." I demanded a refund within ONE hour of buying it. I was refused and lied to again. I KNEW it had engine problems but I had NO address for this Leo person because they'd forged Mr. Jerklin's info on the Notice of Sale. They made sure there was nothing with their dealership name on it to back up what I'm saying. I had no idea that it was dangerous to drive or I would hae refused to do so. I could have been killed because it had a loose right tierod, leaking power steering fluids making it dangerous to drive, leaking coolant hoses, leaking adapter, needed upper/lower motor mount from unrepaired wreck, had squashed oil chamber. It was a total fraud incl Sovereign's mech who said it had no engine or transmission problems.
I had not anticipated this being a total fraud. I had no way to get home. There were no buses in that area and last minute plane flight would have been very expensive.
They did the following:
TYPES OF DEALER FRAUD--See Attached CarFax with CORRECT Vin. No. which shows the following:
•Non-disclosure of previous taxi, limo, and rental (corp. fleet car)
•Non-disclosure of frame damage (oil dipstick jammed into oil chamber; right tierod; upper and lower motor mounts)
•Non-disclosure of previous damage (accident, no frame damage) (from 2009 car wreck)
•Non-disclosure of salvage title
•Non-disclosure of accurate condition of vehicle (unsafe and/or material conditions) (right tierod, leaking coolant from hoses and adapter; leaking power steering fluid; major engine damage caused overheating)
•Non-disclosure of a “lemon law” buy-back
•Mileage or Odometer Fraud (claimed 77,000 miles but really was 294,000)
•Improper Certification of Used Cars
•Advertisement of special equipment or accessories (claimed it was Turbo when that doesn't work because not hooked up to engine--it's one reason I bought it, that supercharges the engine; Sovereign's mech claimed no major mechanical problems; claimed it had KBB it didn't; claimed it had 220,000 less mileage it didn't)
•Warranty Fraud (Sovereign said to buy from Seller Leo Shalom because he knew the real condition of the car and said I wouldn't make it down there within 30-days under warranty period which I couldn't because of the car's condition ALL of them had misrepresented online, in person, and by text. I demanded refithin 1 hour of buying because the "check engine" light was on and I said that was engine problems but was told it was "just a sensor, take it to Auto Zone."
Sovereign violated Federal Law when they failed to post a Buyer's Guide in the window. I could have bought it from them or Leo. Both they and Leo Shalom were selling same advertised car and both had to follow Federal laws. They violated FTC 16 CFR §455.2 Consumer sales—window for, violated 16 CFR §455.3 Window form and 16 CFR §455.4 Contrary statements. Any defense available under Federal Trade Commission Act (15 U.S.C.A. § 45(a)(1)) Background Section 5 of the Federal Trade Commission Act (FTC Act) (15 USC 45) prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.’’ The prohibition applies to all persons engaged in commerce . . . is also available under the FDUTPA. "As Is" vehicles. “As Is” warranty disclaimer begins with UCC §2-316(3)(a) and the “unless the circumstances indicate otherwise” language. In Knipp v. Weinbaum & Its Progeny (Florida) the Third District Court of Appeals of Florida first addressed whether implied warranties attach to used goods. In McNamara Pontiac, Inc. v. Sanchez (Florida) SO YES WHEN A DEALER TRIES TO PULL THIS CRAP ON YOU THERE IS LEGAL RECOURSE. You just have to know the caselaw. 2016 FTC-Final Rule says "As Is" has to be defined in the Buyer's Guide. The deliberately didn't put a Buyer's Guide in the car's window.
This case falls under FDUTPA §§501.201-501.213, 501.976, and criminal laws, §§319.22, 319.30, 319.33, 501.277 825.104. In the latter it is illegal to deceive or victimize somebody over 60 yrs old and disabled in Florida. Specifically, (2) Any person who is willfully using, or has willfully used, a method, act, or practice in violation of this part, which method, act, or practice victimizes or attempts to victimize senior citizens or handicapped persons, and commits such violation when she or he knew or should have known that her or his conduct was unfair or deceptive, is liable for a civil penalty of not more than $15,000 for each such violation. I also fall under the Car Dealer Consumer Fraud laws i.e. Milleniun Conmmunications & Fulfillment, Inc. V. Office of the Attorney Genalereral,8 observed that thus FTC standard was enunciated in SouthwestSunsites, Inc. V. FTC, 785 F.2d 1431 (9th Cir. 1986): The Commission will find deception if there is a representation, omission or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer's detriment."
Auto Dealer Fraud at this ENTIRE Dealership Chain
This dealership chain has had heir license suspended by FHP for their deceptive business practices. They post dangerous wrecks with "doctored" photos for a KBB the car doesn't really have. Many times they are salvages without a proper salvage title which are dangerous to drive. They know this when they post the ad on popular car dealer sites like www.cargurus.com. They don't follow FTC law which says they have to put a Buyer's Guide with "As Is" defined in the window. They have NO problems bilking customers while wearing traditional Jewish religious clothing with Torah passages up. The Torah is very strict about not misrepresenting items for sale. Even though they wear the clothing they aren't really devout because they wouldn't fraud people if they were. Florida has a high Jewish population which they are trying to appeal to so people think they are "honest" when they're not. They lie, cheat, fraud, misrepresent without any remorse at all for putting the person in danger. They KNOW the car's mechanical problems but deliberately don't describe them. The car has an improper title. So while the car may be worth $140 they claim it's worth thousands of dollars it ISN'T.
They then forge the name of the original person they bought car from on Notice of Sale and Title to make it appear that he sold the car to the Buyer NOT them. They claim "private sale" doing this rather than dealer sale so it's not covered under their 30-day warranty. They claim despite their deceptive advertising online and in-person that the car is what they claimed. They have NO problems pressuring you in high pressure sales technique to purchase the vehicle. Many of these cars are very unsafe and the Buyer can be killed or they can kill another innocent party. Their surety bond insurance company is as deceptive as they are. Their claims adjuster will illegally remove wreck, fleet car, whatever information off the Carfax so it is hidden from Buyer. They don't allow "outside" mech inspections, you have to go with theirs who is as corrupt as they are. If you are the least bit naïve they will take advantage of you. Do NOT trust anything their mechanics say or they say. They may have you pay them instead of the dealer while forging the paperwork with somebody else's name altogether so you don't have mechanic's address although transaction took place on dealership lot and in their office. They openly violate FL DMV laws which is why they have been suspended at least once or twice although only in business for 5 yrs. They openly violate FTC laws.
"As Is" clause has been knocked down by FL 3d Court of Appeals as illegal in at least two cases. Dealer will claim "As Is" but your idea of what that means and theirs are two different things. He does this so he doesn't have to pay for repairs while under that warranty period. He knows the car is dangerous and shouldn't be on the road but doesn't care. Buyer will think it's what was promised you when it's not remotely the truth. They speak in Hebrew so you don't understand the definition.
Buyer BEWARE, run, do NOT WALK away from this car dealership. They have no problems with making you drive a very long way or even come from another state to see these dangerous wrecks they totally misrepresent online. They have no problems if you are unable to get to work, church, social events, the store, school, etc. because of their car dealer fraud just as long as they can steal your money. They have been called "Rabbi" or other names instead of their own. They never reveal their own name on purpose so you will sign fraudulent Notice of Sale with somebody else's name thinking it is theirs. No REAL Rabbi would do this especially to their own Jewish people whom they target. Do NOT be swayed by their so-called religious devotion, it's a front for crooks who violate their own religious laws. They will keep you in their offices for hours pressuring you to buy their cars, the test drive will be too short to show mechanical problems, they will refuse a refund when you DO find out. Absolutely keep ANY ads that you see them post as "proof." File with DMV Enforcement or FHP if they defraud you. If they actually do a felony forgery then report to State Attorney. File with BBB, Atty Gen, Senior v. Crime (if you are over 60 you are covered by state law F.S.A. 501.2077 which says it's a criminal act to deceive or victimize a senior), etc. If you are in an accident because of the poor condition of the car then find personal injury attorney on top of another car dealer fraud attorney. If their insurance surety bond company acts in bad faith then file with FL Dept of Ins on top of other agencies. They will "hide" the car so it doesn't show up in their inventory claiming it is this other Seller's car they are selling for them so they don't have to. They do this to hide the fact they actually ever had the car on their dealership lot.