Court finds AutoNation's Power Volvo Cerritos liable for damages caused by selling me a new 2007 Volvo S80 without disclosing the front fender had been repainted.
This website was built to warn those in the market to buy a new Volvo. This is how I was treated when I purchased my new 2007 Volvo S80 with a MSRP of $59,635 at Power Volvo Cerritos.
THE ORDERING OF THE 2007 VOLVO S80
On or about April 14, 2007 Nadia Mansour at AutoNation's Power Volvo of Cerritos ordered a 2007 Volvo S80 AWD V8 for me. I was given an estimated delivery date of June 11, 2007. As the date neared, and on June 8 at 1:32PM, I communicated to Nadia Mansour at AutoNation's Power Volvo of Cerritos, how important it was to me that the dealership not drill holes in the front bumper for the front license plate. I didn't want to fill the holes and have aftermarket paint on the bumper. Nadia Mansour assured me no holes would be drilled.
On June 11 at 7:35PM, I called Nadia Mansour at AutoNation's Power Volvo of to see if the 2007 Volvo S80 had arrived. It had not arrived.
THE MYSTERIOUS DELAY BEGINS
On June 12 at 10:18AM, I called Nadia Mansour at AutoNation's Power Volvo of Cerritos to check the status on the 2007 Volvo S80 and was told the 2007 Volvo S80 was at the dealership but needed to go through PDI (Pre-Delivery Inspection) and the 2007 Volvo S80 would be ready for delivery the next day on Wednesday June 13.
On June 13 at 11:10AM, I called Nadia Mansour at AutoNation's Power Volvo of Cerritos to make sure (before I drove 34 miles to the dealership) that the 2007 Volvo S80 was ready. I was again told the 2007 Volvo S80 was not ready for delivery and would be ready on the next day (Thursday June 14) at 12pm.
By this time, I figured that they had drilled the holes and the holes were being filled.
On June 14 at 10:30AM, Nadia Mansour of AutoNation's Power Volvo of Cerritos call and again told me the 2007 Volvo S80 was not ready. I told her I was already on my way up from Orange County, and if by 12PM (the time promised) the car was not ready for delivery, I would not be signing the deal. Nadia Mansour of AutoNation's Power Volvo of Cerritos called back at 11:43AM saying the 2007 Volvo S80 was ready and her sales partner Sunit Kakkar would take over since (for some reason) she had to leave the dealership.
THE DELIVERY
On June 14, 2007 at about 11:50PM, I arrived at AutoNation's Power Volvo of Cerritos and was greeted by Nadia Mansour's partner Sunit Kakkar. The 2007 Volvo S80 (Stock#71044569) was out on a road test so we waited for the PDI to be completed. The 2007 Volvo S80 was pulled around to the front of the dealership. I immediately inspected the front bumper for aftermarket paint. I was convinced the bumper was original and had not been repainted.
The question is: Since Stock#71044569 was in PDI at 11:50AM on June 14, 2007, where had the Volvo been since delivery to the delership on June 12, 2007?
Once all the paperwork had been signed Sunit Kakkar walked me out to the 2007 Volvo S80. Standing near the Volvo S80 and having a casual conversation, Sunit Kakkar asked me if I was Jewish. I answered "No, Italian why." Sunit Kakkar said "You grinded me for six hours and Jews don't like to pay retail." I asked Sunit Kakkar "Who does like to pay retail?" Sunit Kakkar continued with his rant by adding "You know the Japs are even worse!"
I finally took delivery of the 2007 Volvo S80 on June 14, 2007 at 7:25PM with 13 miles on the odometer.
THE DISCOVERY
On July 8th, I notice the paint color on the front passenger fender didn't match the front door. A closer look revealed tape lines in the jams and tool marks on fasteners. Before I made a claim I had a professional painter give me an opinion. The painter agreed the front passenger fender had been repainted.
Looking down at the Volvo S80's opened passenger door, seen at the left of photo and the inside edge of the 2007 Volvo S80's fender at the center, the masking line is visible.
Tool markings on hex screws are visible. These screws were removed for repainting of front fender.
Communications with AutoNation's Power Volvo of Cerritos and Volvo Cars of North America (VCNA)
On July 14, at 3:37PM I sent this email to Nadia Mansour at AutoNation's Power Volvo of Cerritos: Hello Nadia. Still love the car... but I was waxing it and notice the front passenger fender had been repainted. I was wondering if it had lot damage and you guys repainted it, or if was damaged at the factory. Let me know if I need to take this up with Volvo Corp. At 6:56PM Nadia Mansour responded with:I got your message the business office is close. They will contact you on monday.
THE COVER-UP BEGINS
On July 16, I visited the service department at AutoNation's Power Volvo of Cerritos. I asked one of the service writers what auto body shop the dealship would use if a vehicle had "Lot damage." The service writer helpfully gave me the name and number to EuroTech Refinishing & Collision in the city of Bellflower.
At 2:03PM I called EuroTech and spoke to Frank Gallegos. I explainded to Frank Gallegos that AutoNation's Power Volvo of Cerritos had sent my 2007 Volvo S80 over to his body shop on or around June 12 for repainting of a front fender. Frank Gallegos noted my VIN and placed me on hold while he checked his records. After being on hold for several minutes, I ended the call and placed another call at 2:11PM. Frank Gallegos answered and said "I have pulled your file... let me read through it and I'll call you back in five minutes." He did not call back.
On July 16, I file a complaint online with Volvo Cars of North America's customer care center.
On July 17, at 11:19AM I called Frank at EuroTech and Frank Gallegos claimed he thought is was my (VIN) file but was mistaken.
On July 17, I called the Customer Care Center and opened a file with Jordan Paskoff.
On July 18, I visited AutoNation's Power Volvo of Cerritos and spoke to my salesperson, Sunit Kakkar and his sales manager, Gorhan Gorkey. Gorhan Gorkey said"There is NO WAY it was repainted here. You took delivery the same day we received it, and you saw it still had the plastic on it."
The Used Car manager came out with his digital gauge to measure the paint's thickness on all of the 2007 Volvo S80's body panels. While each reading was displayed he made sure I was unable to read the results. The used car manager remained guarded and offered no conclusion during our 15 minute conversation. I expressed my concern about diminished value and he responded with; "It only has diminished value to you because you know it's been repainted."
On July 27, I met with Randy Abad, (Volvo Cars of North America's Field Technical Specialist) at AutoNation's Power Volvo of Cerritos. He concluded the fender had been repainted and the color and metallic did not match. Randy Abad forwarded his findings to Brad Ogburn at Volvo Cars of North America.
After the 2007 Volvo S80 had been inspected by Randy Abad, the service director at AutoNation's Power Volvo of Cerrritos introduced me to another sales manger to see if they knew anything about the repainting of the fender. The service director briefly explained the issue to this sales manager (who claimed to not know who I was) and asked if the sales manager could give me two minutes of his time. As I sat down in the sales managers office, I ask if he had any record of 2007 Volvo S80's front fender being repaint. Even with his claimed of not knowing who I was, he answered with "No."
On August 1, I received a phone call from Jordan Paskoff at Volvo Cars of North America. He reported that their investigation found no record of any damage or repair made at the factory or the port of entry.
On August 6, I sent an email to the general manager of AutoNation's Power Volvo of Cerritos, Mohammad Basith. I received no reply.
On August 7, I sent another email to Mohammad Basith, the general manager of AutoNation's Power Volvo of Cerritos. Again, I received no reply.
On August 8, I phoned Mohammed Basith, the general manager at AutoNation's Power Volvo of Cerritos.
While on Speakerphone with Mohammad Basith with others present in the room, Mohammad Basith committed Slander and Defamation of Character by saying the 2007 Volvo S80 had to have been in an "accident" and repaired during my ownership, implying I was filing a false claim. Furthermore, Mohammad Basith tried to minimize my argument on diminished value of the 2007 Volvo S80. Mohammad Basith stated that during trade-ins, AutoNation's Power Volvo of Cerritos would give the same value to a car if it had been repainted or not. "We like to keep our customers happy" Mohammad added.
On August 16, I received this email from Mohammad Basith:
As I had promised, that I will talk to everyone that was involved and touched the New Volvo S80( sorry it took little bit longer than I had anticipated).After the investigation, we have come to a conclusion that, Power Volvo Cerritos did not damage or have painted the New Volvo S80 sold to you on June 14th 2007. Your claim, raised close to a month after you purchased the car from us, are totally unfound and false.We feel confident we would prevail in court if this matter was litigated. Please let me know if there is anything else that we can do for you.
Thanks
Mohammad Basith
In his closing line; "Please let me know if there is anything else that we can do for you." and since I was never told when my 2007 Volvo S80 (stock #71044569) arrived and how many miles were on the odometer, I send this email on August 17 to Mohammad Basith:
Mr. Basith,
During our phone conversation on August 8, you said you would find out when stock # 71044569 was delivered from the truck and how many miles were on the odometer. In addition, can you tell me the same information on stock # 71044339?
On August 23 at 1:41PM I attempted to call Mohammad Basith who was hiding behind the receptionist. I was told Mohammad Basith was on another phone line. I agreed to hold. Then I was told Mohammad Basith was on a conference call. Again, I agreed to hold. I was then told the conference call would take 20 to 30 minutes. I told the receptionist I'd call back.
On October 22, I received a phone called from Victor P. Danhi with Kolar & Associates. Victor P. Danhi informed me that he was representing Power Volvo Cerritos to respond to this website. Victor P. Danhi asked if I would take this website offline until this issue is resolved. I told Victor P. Danhi that four months had pasted with no help from Power Volvo Cerritos, so the website will remain online. Victor P.Danhi then threatened to file a restraining order to have this website removed from the internet.
On October 23, I received a letter from Victor P. Danhi with Kolar & Associates. In this letter, Victor P. Danhi requested that I immediately cease and desist all libelous and slanderous communications.
