This letter was written in July while the events were fresh in my mind. At the time I was upset and not sure if there would be any legal proceedings. Things have since worked out and there have not been any problems. The experience has made me dislike Nate Wade Subaru and I will not go there again.
July 14, 1997
To whom it may concern:
Subject: Used 1995 Honda Accord
On Thursday 10 July 1997 I made a phone call to Nate Wade Subaru in Salt Lake City regarding an ad in the paper for a used '95 Honda Accord LX. I inquired as to the color and number of miles. I was told that it was teal and that it had about 37,000 miles. I thanked the person and hung up.
Friday 11 July 1997 I drove to SLC and made a stop at Nate Wade Subaru. I entered the showroom and a secretary inside paged a used car salesman for me. As I saw the salesman coming I went outside to meet him. His name was Lamar Moody. I asked about the Honda that I had called about. He showed me to the car in the corner of the lot. It was very pretty. Wile Mr. Moody went to get a dealer license plate I looked around the exterior of the vehicle. It was in good shape. I could see no indication of repainting or any damage. When I entered the vehicle I noticed that the interior was in decent shape. There was a slight smell of cigarette smoke, that was partially masked by some other smell. I commented to the salesman on the smell and he responded with a comment about the car and the "Word Of Wisdom." We went on a short drive. It was less than 5 miles and only took about 15 minutes. When we returned to the lot I indicated that I was very interested in the car. He asked on what time frame I would be interested and I said that perhaps even that day. I did some more looking around the car and under the hood. The car was in good shape and seemed to have new hoses and attachments. I didn't feel like a thorough mechanical inspection would be worthwhile. The car was listed at $13,125. I mentioned price and Mr. Moody said that the head sales person usually put in the paper what he wanted and was not willing to haggle over price. I also asked about the smell and a few of the marks on the carpeting. Mr. Moody said that they could take care of that. I told him that if the smell could be removed and the carpet cleaned I would feel good about $13,000. He took the offer in and returned saying that the price would not budge but that they could take care of the cleaning. He mentioned that the price was very low and didn't know how such a low price made it into the paper. He said that on re-advertising they would list the car at $13,900. I said that the $13,125 price would be acceptable if it would be cleaned. I sat in an office while he took care of the paper work. I then went into another salesman's office to finish the paperwork and sign the necessary forms. The sales associate that I was speaking to was a dark skinned Caucasian with long gray hair. He showed me the forms that I needed to sign. I commented on what a lot of money it was. I was nervous about such a transaction. He showed me the warranty information and I began to sign the necessary forms. There were several. I thought that it was strange that he mentioned that once the forms were signed the car would be mine even though I would not be picking it up until the next day. I was concerned about liability during the transition of ownership. He commented that he did not know and mentioned that I should pray that there wasn't a tornado. I had brought up that scenario as an example. On completion of the signing I made inquiries about payment. I indicated that I would pay by check but said that I would not have the needed funds in the account until Thursday of the following week. Everyone that I spoke with agreed that it would be no problem to hold onto the check until Thursday. I left to finish my errands. I was traveling in my soon to be brother in-law's car.
On Saturday 12 July I made some phone calls in the morning about banks and funds. The credit unions that I would need to get money from were not open on Saturday so I planned to take care of my bank transfers on Monday. That afternoon about 2 PM I was able to get a ride with some local friends and was dropped off at Nate Wade Subaru near 3 o'clock on Saturday. I saw that the car was no longer in the service bay where it had been the night before but was parked on the lot near the offices. I went in and sat down at Lamar Moody's desk and he gathered the papers that he needed. I pulled out my checkbook and wrote the check for $14,083.13 which was the final price after taxes and all. I dated in 16 July 1997 and signed it and gave it to him. He returned saying that they could not take a check if it was not dated on that day. I backed off and re-dated the check and initialed the change. I once again confirmed that they would not cash the check until Thursday and once again was told that was true. I asked about the interior and Mr. Moody said that he thought it smelled good. He said they had done a good job. I noticed that the fabric grills on the kick panels over the speakers were still a bit dirty but figured that it was a result of the color of the material. The carpets looked like they had been cleaned, or at least vacuumed some and scrubbed a bit. I was given the keys and I got in and drove off. I went across the street and filled up with gas. The price was good and the tank was almost empty. I got on the freeway and headed for Provo. I had the windows up and the air on because it was a warm day. When I arrived in Provo I had a headache. I noticed a slight smoke smell and so I stopped to purchase some air freshener. I bought a new key, a window shade and 2 air fresheners. I bought a tree type labeled as "New Car Smell" and also a bottle called, "Ozium." It is labeled as an air sanitizer to reduce airborne bacteria. On the label it says that it reduces smoke and dispels odors. I used it on the car and it gave a strong, but clean smell to the interior. I rolled up the windows and left it parked at my apartment. When I returned to drive it again the smoke smell was much stronger. I tried the spray again and this time I began to drive with the windows down. I decided to leave it parked on Sunday and not use it and see what it smelled like later.
On Sunday 13 July I left the car parked by my house most of the day. In the afternoon I developed a bad stomach ache that was very painful. It was not hunger or upset stomach. I didn't know what it was. I tried to rest and also to eat. They helped some but it didn't go away. By evening I was feeling better. Later that evening I need to go somewhere so I got my keys. When I opened the door to the car I could smell it before I even got in and it almost made me nauseous. When I entered the car again it had nearly the same effect. For the short errands that I ran that evening I got in and out of my car probably 3 times. Each time I was very aware of the smell. When I carried some passengers I apologized for the smell. One person said it didn't smell to bad and tried to comfort me by saying that it would go away in time. When I arrived home I noticed that my clothes smelled like smoke when I put my shoulders to my nose. I was worried and did not know what to do.
Monday Morning 14 July I called my mother in California to tell her about the car. She reminded me that I had been very sensitive to smoke as a child and that when I had spent time at my friends home, whose parents smoked, I would come home with asthma problems and was more susceptible to sickness. She said that I would never be happy with it and that from the people she knew who smoked, and as a teacher who had students with smoking parents, she said that the smell would never completely go away. She suggested that I see what I could do about it. I called an auto detailing place in Provo and asked about smoke removal. They said that the procedure they use takes about 48 hours and involves replacing air filters in the ventilation system and flushing out the vents. It also included thoroughly shampooing the carpets with an enzyme cleaner that helps to naturalize the smell. He said that even then there is a chance that the smell would not be completely gone. He said that sensitive people would still notice it. He said that with time it would diminish. From his description I knew that the dealer had not done that much. They had run a machine that they said used Ozone. I figured that the dealer had just lied to me about the cleaning and not done even what was possible. They disguised the smell and mad a half hearted effort. I spoke to my uncle and then to a cousin about the choices that I had. My cousin Scott contacted a car dealer that he knew and also an attorney. When he returned my call he had spoken to the dealer and was told that my case was good. I should stop payment on the check and return the car to the dealer and have him take it back. I went to the bank and then I drove to SLC again. I spoke to Lamar Moody again and he seemed concerned for my situation. I expressed that I would be willing to get a different vehicle of there was one on the lot that I was interested in. I test drove 2 cars, an Imprezza and a Legacy. I was not impressed with either of them. There were not any other cars on the lot that I was interested in. I spoke to Brett Kassing who was identified as the sales manager. I told him of my dilemma and asked what he could do. He said that they could work out a trade for a different car on the lot. He mentioned that they could clean it, to which I responded that that is what they had already done, and it hadn't changed. He gave me some info about this outside place that would guarantee their work to remove smoke. I'm sure that guarantee would not cover the price of replacing my entire car. I was upset with him. He didn't seem to care about my needs or wants. He insisted that his staff needed to be paid. I mentioned the comment that the car was going to be re-advertised at a higher price. He said, "would have been." He also mentioned the cost of the salesmen etc. that had participated in the sale. He made no other offers regarding repurchasing the vehicle back with a lower price to offset losses of any kind. He said he was sorry. I mentioned part of the contract about not paying the amount and said that if he wasn't paid, wouldn't he still be the owner. I mentioned court and he said that if it went to court they would probably get their money. That made me nervous, which I'm sure it was supposed to do. I had planned to leave the car there and take the bus home. Brett said that I couldn't leave it on his lot. I planned to park it in customer parking and then take the bus home but couldn't find a bus schedule that would lead me back to Provo. I drove back and made arrangements with my uncle to accompany me on Tuesday so that I could leave the vehicle in SLC and I would no longer use it until the dealer decide what they wanted to do. I am not happy with the service and I plan to call the better business bureau and complain. After this ordeal is over I never plan to return to Nate Wade Subaru.
Thank you,
Karl Kowallis
