November 26th, 2024
Kia Motors/Dealership
1450 W Camelback Rd
Phoenix, AZ 85015
Kia Consumer Assistance Center
Kia Motors America
P.O. Box 52410
Irvine, CA 92619-2410
Subject: Formal Complaint Regarding Misrepresentation and Recurring Issues with 2017 Kia Sportage SX Turbo Purchased on August 6th, 2021
To Whom It May Concern,
I am writing to formally address serious and unresolved issues concerning my purchase of a 2017 Kia Sportage SX Turbo, which I purchased on August 6th, 2021, from Bill Luke Chrysler Jeep & Dodge, Inc., in Phoenix, Arizona. At the time of purchase, I was assured that the vehicle was in excellent condition. However, since the sale, I have experienced numerous mechanical problems, ongoing inconvenience, and financial hardship.
Background of the Issue
From the outset, the vehicle has demonstrated recurring and severe mechanical issues, including:
Engine Issues: Cylinder 3 repeatedly misfires, and there are persistent problems with compartment #2.
Cracked Window: A cracked window that was not disclosed at the time of purchase.
Malfunctioning Moonroof: A moonroof that does not close properly.
Unfulfilled Services: Inability to use paid-for services, such as interior and exterior detailing (including buffing out scratches), which were promised by the dealership.
Despite multiple attempts to resolve these problems, including returning the car for repairs at the dealership and later at an authorized Kia service center, the problems persist. Additionally, the car has required towing on multiple occasions, resulting in significant rental car expenses with Enterprise. These costs far exceeded the initially provided grace period. The lack of clear communication regarding repair timelines has further exacerbated the financial burden.
Misrepresentation and Consumer Protection Concerns
At the time of purchase, I was led to believe that the vehicle was in excellent condition. Based on the assurances I received, it appears that critical information about the vehicle's mechanical state was withheld or misrepresented. Furthermore, I was misled about the ability to have the car repaired at the dealership where I purchased it, despite Kia being the manufacturer.
These actions raise concerns of potential misrepresentation and fraud. Under federal and state consumer protection laws, including Arizona statutes and the Magnuson-Moss Warranty Act, I am entitled to truthful and accurate information upon which to base my purchasing decisions. Your failure to uphold these obligations has resulted in significant hardship and jeopardized my safety.
Resolution Sought
To resolve this matter amicably, I request the following:
Compensation for Incurred Costs: reimburse me for expenses caused by the vehicle’s recurring issues, including towing, rental car fees, and lost wages.
Replacement new 2025 or refund: If the above solutions cannot be met, I request a replacement vehicle or a full purchase price refund to restore my financial standing and resolve this matter permanently.
Next Steps
Please respond to this letter with a proposed resolution within 14 days of receipt. If you fail to address my concerns satisfactorily within this timeframe, I will proceed with filing formal complaints with the following entities:
-Arizona Attorney General’s Office
Better Business Bureau (BBB)
-Federal Trade Commission (FTC)
Kia Corporate Headquarters: news casting my story and anyone else i can reach on social media
-Court action.
Additionally, I will seek legal counsel to pursue action under applicable laws for misrepresentation, breach of warranty, and failure to comply with consumer protection statutes. Furthermore, I will share my experiences on social media and other platforms to ensure other consumers are warned of these practices and the risks of purchasing from your organization.
This situation has placed unnecessary financial strain on me as a law-abiding and tax-paying American citizen and jeopardized my ability to rely on safe transportation. I sincerely hope Kia will address this matter promptly and honor the commitments expected of a reputable automotive manufacturer.
Thank you for your immediate attention. I look forward to resolving this matter promptly and amicably.
Sincerely,
Sean C. Wayda
[protected]
[protected]@gmail.com
CC:
Capital One Auto Financing
8050 Dominion Pkwy
Plano, TX 75024
Claimed loss: Two salaried jobs: at 85K with bonus and benefitsPotentially, my life is in danger.All the missed excursions and potential jobs and paying for a garage to keep the car in.
Desired outcome: -Reimburse expenses, recurring issues, lost wages, compensation salary, job loss, pain and suffering, and a position at Kia Corporation. -Replacement new 2025 refund to restore my financials
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Consult an attorney to confirm that your claims have sufficient legal grounding and are properly substantiated. Contact Kia and make a brief but strong statement requesting reimbursement or replacement of the vehicle as the case may be, equally note all conversations, repairs, and costs incurred. If they tend to be non-responsive for some time then raise your activities and methodically follow the account complaint process as defined.