Team KIA of El Cajon complaints

Company states: our office represents JKC Palm Springs Automotive Inc. DBA Team Kia El Cajon in the above entitled matter. Please direct all further communication to the undersigned. This correspondence serves as our client's response to Mr. Del Pino's complaint, which asserts that Jay Casey Palm Springs add it fees to the sales contract without Mr. Del Pino's knowledge or consent. JKC denies the allegations Mr. Del Pino makes in his complaint. JC Palm Springs was fully transparent regarding all goods and services he purchased along with his vehicle. Further, JKC Palm Springs provided Mr. Del Pino with separate disclosures which explain indie film the cost of the additional goods and services he elected to purchase. The disclosures included the name and specific price for each item Mr. Del Pino agreed to purchase. Mr. Del Pino also signed each disclosure during the sales process. Specifically, JKC Palm Springs provided Mr. Del Pino with a Pre-Contract Disclosure form. In this form, Mr. Del Pino elected to purchase Shadowmark for $495 and Starguard for $1499, both of which are theft deterrent devices. He also elected to purchase resist all for his optional surface protection product for $649. Additionally, he purchased an optional debt cancellation agreement through western diversified for $500. The pre contract disclosure advise him that the total for these items was $3143 and that these items changed his installment payments from $402.21 to $469.19. We highlighted these items in the sales documents enclosed with this response for ease of reference. JKC Palm Springs Pre-contract Disclosure clearly satisfies Cal Civ Code § 2982.2. The disclosures were contained in a document that was separate from the conditional sale contract and purchase order. All disclosures were in at least 10 point type and were placed in a position that the consumer can easily notice and read the terms. The top of the document explicitly states that "The following goods and services are not required as a condition to obtaining financing terms for the purchase of the vehicle." This explicitly notifies the customer that they are not required to purchase any of these individual items if they want to purchase a vehicle. Further, the document individually lists each potential item and price for each optional add-on that the customer chooses. At the bottom of the document, the total price for all optional add-ons purchase by the customer is listed under a header label "Total" as is required by the California Civil Code. JKC Palm Springs also provided the appropriate headers listing the installment payment that the customer would have to pay with and without the optional add-ons. All of these disclosures comply with the California Civil Code and put the consumer on notice of each individual product/device that they have agreed to pay for. After reviewing this form, Mr. Del Pino knowingly and willingly signed the document acknowledging his obligation to pay for these items. In addition to the Pre-contract Disclosure document, Mr. Del Pino signed a Retail Installment Sale Contract, which also individually itemize these add-ons and the price paid for each. The Retail Installment Sale Contract is a standard LAW 553 contract used throughout the state of California by almost all new automobile dealerships. The standard LAW 553 contract is drafted to specifically comply with Rees Levering Automobile Sales and Finance Act, Civil Code Section 2981 et seq. Based on our investigation of this transaction and the review of all documents in our possession, JKC Palm Springs did not engage in any illegal or improper behavior relating to the sale of the subject vehicle. Mr. Del Pino's signature on all applicable documents shows that he had knowledge of these add-ons at the time of sale and elected to purchase them when he purchased the vehicle. If Mr. Del Pino was unaware of these items, it was because he simply chose not to read his own sales paperwork, pay attention during the contracting process, and/or is now simply claiming ignorance of the entire process due to buyer's remorse.

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The documents the customer signed speak for themselves.

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Company states: We received the complaint regarding her concerns with her vehicle's wheel bearings and her request for a $700.00 reimbursement. Upon pulling her records, we see multiple visits to our service department since the purchase of the vehicle on 2/24/2021. As acknowledged in her compliant, we certainly did complete a full 23-point inspection on the vehicle prior to purchasing, our records indicate this was completed in November 2020, in which the vehicle did pass the inspection. At signing, the customer was made aware that her vehicle was and AS-IS and being SOLD AS EQUIPPED, which is referenced on the Due Bill she signed. Since the time of purchase, the customer has visited our facility over six times, asking we address a handful of concerns, in which we have at no charge to her. As reviewed with the customer by our Service Manager during her most recent service visit, wheel bearings are an item that are not covered by the power train warranty, and are items that go out over time and with use. At this time, we will not be issuing a reimbursement as we have shown good faith and provided goodwill assistance for multiple concerns addressed by the customer.

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