Picked up Limited off lot with mold - need thoughts

[BeauxXL1200]

OP - If no money has changed hands, tell them you’re cancelling the FCA financing and walk away. If they say you’ve got some kind of contractual obligation, tell them to sue you. Any contractual obligation you might have had was for a properly functioning, mold free truck.

 

[Willwork4truck]

Off topic however these prices that I’m seeing reported seem to qualify as “steeply discounted new cars” lol

 

[VaderRebel]

@RamCares needs to pop in here.

 

[19RamLimited]

Wow, that could honestly be a health concern. Also I wouldn't take that truck if you paid me. No telling what all will come up in the future. No telling how many other components are affected. The problem is that once it gets wet enough in there for that with all the door closed and in the heat you will bring out all the condensation and moisture that may be in there already and then have serious issues. The is truck that should be claimed as flood damage from the dealers insurance.

With all the electronics in these trucks you can't take a chance that other components have been exposed to moisture.

 

[ium33]

I don't know what the law is in your state governing the sale of goods nor do I know of any federal laws on point, but a molded interior poses a health risk and it seems that mold (or lack thereof) would be a "material condition" when purchasing a **new** automobile. Not to mention the general rule is that goods must be delivered as described in the contract. I assume your agreement does not include dealer-installed mold.

You have two contracts right? One for the car between you and dealer and one for financing between you and FCA. Financing agreement with FCA is *probably* secured by the car and is thus subject to you actually having the car. The purchase of the car is subject to financing being approved (usually). So, cancellation of one should cancel out the other.

The only concern I have is in a prior post you (OP) seem to indicate you went ahead and agreed to an adjusted price after knowing about the mold. Or was that price negotiation prior to your knowledge?

There's simply too many unknowns (both your circumstances and my lack of research) for me to be of any real help. By the way, this is NOT legal advice. If you are really concerned then consider seeking out a lawyer that does this kind of stuff and s/he should be able to give you some more concrete information.

**Edit** What did FCA financing department say about being bound to a water/mold-damaged truck? They still willing to finance it?

 

[jimk hunt]

Tough lesson to learn but NEVER take delivery that way. Give yourself an hour to do an inspection and test drive prior to signing or leaving. Stand your ground.

 

[RamCares]

When I went to pick up limited the salesman wasn't at the lot but called me and said keys were in truck and ready to go and I could just take off. He said he'd learned it up a few days before but it had gotten a little dirty sitting in the lot since. Apologized that it was a little dirty. I noticed it being fairly dirty inside and out but could just clean it so I drove it straight from car lot to car wash. When I took out mats, there was mold under all mats and found it under seats and oxidation on amp under drivers seat. Called right away. Car off lot 30 min. Salesman said bring it back.

Truck was a dealer to dealer switch so salesman said no telling how much water had gotten in over time or how many times its molded and been cleaned up by the other dealership. I couldn't get any response when I called to check on progress and just dropped by. Was told that salesman was no longer working there. They found a leak in rear window and need to replace glass but unsure how long it will take.

I told them I'm not taking that truck. They want me to switch it with one on their lot that has 3K less of features. I'd like to just get financing canceled with FCA and walk away. No money has changed hands. It has not been a good experience so I'd like to just find a truck at a different dealership. They say that isn't possible. Said might find one on another dealer's lot but not sure GM will allow that. Thoughts?

Hi Eyecutter98,

We're terribly sorry to hear about your experience. Would you mind sending us a private message with your VIN so that we can escalate a case?

Jasmine
Jeep Social Care Specialist

 

[Diamondback]

What state is this???

Yes, since I have not signed ANY paperwork, my preorder I can decline once it arrives if I do not like it.
If I get the same paperwork when my pre-order comes in, I'll scan an upload for review. I've always had the dealer say, sign this, it is the 3-day return policy ...

Once I drive it off the lot, then it would fall under the Lemon Laws if something is Extreme and not what I ordered, or missing something I ordered, etc. The dealer would have 1st response to fix it. If not fixable, then I can trade for something else, or return under lemon law (if something very extreme of course).

I had a vehicle for nearly a month and been back-n-forth with dealer 5 or 6 times. Once the vehicle stopped running, I let them "sue" me and they lost. I had all the paperwork to back me up and my claims, so I lucked out.

As for poor eyecutter98, he has just cause to return that vehicle. I don't know if he signed AS-IS paperwork or not (he did not say), but he still has reason to get the dealer to work with him on that issue. Our local channel 6 news would love to take on a case like that -- the dealer would lose a LOT of business if they failed to "do the customer right".

 

[Willwork4truck]

Thats why you talk to the tv stations - apply pressure.

 

[Eyecutter98]

Hey crew thanks for all the thoughts. So as an update, I have PM’ed the Ram Cares Specialist above and am waiting on a response. Many thanks in advance to Jasmine.

To answer a few questions, no I didn’t agree to any price decrease due to mold or any other issue. When I went to pick it up, I waited and waited for the salesman I had been workIng with. Eventually I called his cell and he said it would be a while until he would be back on the property but that the keys were in the truck and everything was ready so I should just hop in and drive off. He apologized for it being dirty but said he had it cleaned a few days before while I was out of town and explained it had been windy so it was dusty. No walk around, no check list, no inspection. Just keys are in the truck see ya. So I drove it straight to car wash, found mold, took pictures, called, etc...all in 30 min.

So today the new salesman (original one you may recall has “parted ways” with dealership I’m told) tells me he has talked with the General Manager and said “You’ve already bought the truck and it’s registered In your name.”

This is unreal.

 

[rlc2020]

That is absolutely not acceptable. Bring it back, park it on their lot, cancel your financing ASAP. Get a lawer's name and contact your local news agency and get info from them as well. Go back to dealership and ask to speak to the owner, not the salesman, not the sales manager, the owner. Show him the pictures or the actual mold in the truck itself and tell him you want the deal canceled or your lawyer and local news station will be the next people contacting him. Not only should they not have delivered the truck to you like that, they should not now be trying to evade responsibility.

Also, Threaten them with the power of the internet. Put the dealership's name on here, I will gladly call them and give them a piece of my mind ( and a negative review online too).

 

[ABQ Mike]

You might be barking up the wrong tree with "I dont want", and instead pursue "it will cause health risks due to mold and spores".
Explain to them you unknowingly purchased a new vehicle with mold and spores, and they will be liable for any and all health risks associated with the vehicle purchase. Id also contact the EPA and other FEDERAL agencies, who will prosecute based on local laws without you having to come out of pocket for an attorney. If you have children, use them as leverage... My 15 second google for new vehicles with mold pulled up all kinds of studies on health related issues, and there is no telling how severe the mold is, including into the ventilation system etc.

• Report fraud. If you suspect a car dealer is committing fraud by knowingly selling a storm-damaged car or a salvaged vehicle as a good-condition used car, contact your auto insurance company, local law enforcement agency, or the NICBat (800) TEL-NICB (835-6422). You’ll help someone else avoid a rip-off.

Steering Clear of a Storm-Damaged Car

www.consumer.ftc.gov

Mold | CDC

After natural disasters such as hurricanes, tornadoes, and floods, excess moisture and standing water contribute to the growth of mold in homes and other buildings. Learn about the risks of mold exposure. Information provided by the Centers for Disease Control and Prevention (CDC).

www.cdc.gov

Mold | US EPA

Learn about mold and how to control it in the indoor environment.There is no practical way to eliminate all mold and mold spores in the indoor environment; the way to control indoor mold growth is to control moisture.

www.epa.gov

Mold and Fungi Insurance Claims

"Mold is gold," according to some in the claims industry. Barry Zalma looks at the growth of these claims, the science behind them, the case law, testing, and remediation.

www.irmi.com

If all else fails -

Mold and Fungus Problem in Your Vehicle's Vents, Lemon Law Rights Explained

Information for drivers with mold and fungus in their car's HVAC, air conditioning, and heading systems. State and Federal Laws can help consumers fight the fungus problem.

www.lemonlaw.com

 

[ramhead]

Yes, since I have not signed ANY paperwork, my preorder I can decline once it arrives if I do not like it.
If I get the same paperwork when my pre-order comes in, I'll scan an upload for review. I've always had the dealer say, sign this, it is the 3-day return policy ...

Once I drive it off the lot, then it would fall under the Lemon Laws if something is Extreme and not what I ordered, or missing something I ordered, etc. The dealer would have 1st response to fix it. If not fixable, then I can trade for something else, or return under lemon law (if something very extreme of course).

I had a vehicle for nearly a month and been back-n-forth with dealer 5 or 6 times. Once the vehicle stopped running, I let them "sue" me and they lost. I had all the paperwork to back me up and my claims, so I lucked out.

As for poor eyecutter98, he has just cause to return that vehicle. I don't know if he signed AS-IS paperwork or not (he did not say), but he still has reason to get the dealer to work with him on that issue. Our local channel 6 news would love to take on a case like that -- the dealer would lose a LOT of business if they failed to "do the customer right".

Agree but for one exception....the Lemon Law does NOT cover you if you sign off and take possession and for some reason you later find out something may be missing from what you ordered. The LL only covers "substantial" defects in mechanical/workmanship that impairs the veh's use or safety. It is incumbent upon the buyer to make sure & inspect the vehicle upon taking ownership and signing off. If something is in the paperwork that says you were to be provided something that wasn't, then you'd have a legal option such as a violation of contract terms, etc. but that would not fall under the Lemon Law.

 

[Eyecutter98]

I never signed off on any inspection. I filled out financing paperwork and the truck didn't come from the other dealership until I was out of town for a week. When I got back in town that is when I went to the dealership and the salesman wasn't on site and on the phone told me to drive away with it. No inspection with me and no signature to take ownership.

I just got off the phone with the manager who clarified it is not an option to get another truck from another dealership, it is not an option to order a new truck, it is not an option to cancel financing. Apparently as soon as I filled out financing paperwork, they submitted it to FCA before I ever laid eyes on the truck and have already gotten paid by FCA. He said the only option I have is to let them try to de-mold the truck and repair any leaks and accept that truck.

 

[MFALRAM]

I never signed off on any inspection. I filled out financing paperwork and the truck didn't come from the other dealership until I was out of town for a week. When I got back in town that is when I went to the dealership and the salesman wasn't on site and on the phone told me to drive away with it. No inspection with me and no signature to take ownership.

I just got off the phone with the manager who clarified it is not an option to get another truck from another dealership, it is not an option to order a new truck, it is not an option to cancel financing. Apparently as soon as I filled out financing paperwork, they submitted it to FCA before I ever laid eyes on the truck and have already gotten paid by FCA. He said the only option I have is to let them try to de-mold the truck and repair any leaks and accept that truck.

Well they knowingly sold you a new truck with mold in it. They as dealers should be inspecting the inside and out of the vehicle before selling it. They detailed the outside and inside so they can’t say they didn’t know. It’s a new truck the same or higher value for same price as yours or take the truck back . Those are the options you give them. Or lawyer up and let the local news know or do what my buddy did and had a huge magnet made up and put on the side of car saying “this lemon was bought at this dealership “and drove it back and forth in front of the dealership all day honking !! It worked. They got him a different car. The owner called him and didn’t want that kind of attention in front of his dealership.

 

[BeauxXL1200]

I never signed off on any inspection. I filled out financing paperwork and the truck didn't come from the other dealership until I was out of town for a week. When I got back in town that is when I went to the dealership and the salesman wasn't on site and on the phone told me to drive away with it. No inspection with me and no signature to take ownership.

I just got off the phone with the manager who clarified it is not an option to get another truck from another dealership, it is not an option to order a new truck, it is not an option to cancel financing. Apparently as soon as I filled out financing paperwork, they submitted it to FCA before I ever laid eyes on the truck and have already gotten paid by FCA. He said the only option I have is to let them try to de-mold the truck and repair any leaks and accept that truck.

Does your state have a Deceptive Trade Practices Act? If so, you may want to talk to lawyer about your situation. It seems the dealer has not only breached the sales contract they had with you, but letting you take possession of a truck that they knew, or should have known, had mold in it may also be a deceptive trade practice.

 

[VaderRebel]

I just got off the phone with the manager who clarified it is not an option to get another truck from another dealership, it is not an option to order a new truck, it is not an option to cancel financing. Apparently as soon as I filled out financing paperwork, they submitted it to FCA before I ever laid eyes on the truck and have already gotten paid by FCA. He said the only option I have is to let them try to de-mold the truck and repair any leaks and accept that truck.

Um, he's sadly mistaken.

 

[MJB4450]

This is the time for RamCares to earn their money (and reputation). I will be extremely disappointed if the OP is not out of that contract ASAP and a like vehicle offered in it's place. Also, in my State, this sort of thing is something that the State Attorney General would be interested in. I am very interested in knowing the dealership. Not only to ensure it's nowhere near me but to check out the reviews to see if there is a pattern here. That's something I do for every dealership I contemplate business with anyway.

 

[dutchman187]

Your simplest and quickest resolution of this will likely come by finding an attorney willing to put the pressure on them. I'd lawyer up immediately and get this resolved.

 

[Willwork4truck]

Lawyers dont work for free, first try the attorney general consumer fraud division, the health dept and the tv news. Then drive by with the signs...