Mossy Toyota: Give refund for unsafe lemon car. Stop taking customers' Constitutional rights.

    1. Jon Perz
    2. Petition by

      Jon Perz

      San Diego, CA

Imagine being stuck having to pay over $12,000 for a car that's so unsafe, you can't even drive it. That's what's happened to me.

In 2007, I financed a “certified” used 2002 Ford Escort for $12,000 in total from Mossy Toyota in San Diego.

I had no idea the contract included a clause – hidden on the back -- taking away my right to take the dealership to court if they cheated me. It required disputes to be submitted to a private "arbitration" company chosen and paid for by Mossy Toyota.

The car had a serious vibration problem. The dealer said not to worry, they would fix it. Twice, they attempted repairs, but the shaking and rattling continued.

An automotive expert inspected the car and found extensive rust damage and other signs it had been submerged underwater. He said vital electronics were contaminated and corroding. He also discovered it had been damaged in a collision. His conclusion: the car was unsafe to drive.

I asked for a refund, but Mossy refused. I was stuck with an un-drivable lemon. That lemon has been collecting dust in my garage to this day.

I hired an attorney who filed a suit. But Mossy Toyota got my case kicked out of court and into forced "arbitration." While I waited for a hearing, I had to keep making monthly payments for the car. Otherwise, it could have been repossessed, ruining my credit. I paid off the entire loan of over $12,000 -- for a car I couldn't even drive.

First Mossy claimed the Escort was a "commercial" vehicle - even though it clearly wasn't. If it were, I would have been charged $1000s in fees, just to get into arbitration. When that ploy failed, Mossy refused to pay for arbitration -- even though its own contract promised they would pay. In 2012, the American Arbitration Association (AAA) finally dumped Mossy, due to non-payment. The AAA also requested that Mossy remove the AAA name from all future contracts. This has left me stuck in "arbitration purgatory," unable to get a hearing in court or in arbitration.

If I could have taken them to court, I think that Mossy Toyota wouldn't have sold me that defective car in the first place. Mossy should refund the money I've paid for that unsafe lemon, and stop forcing people to give up their Constitutional rights, just to buy a car.

To:
Mossy Toyota:

Give Jon Perz a refund for that unsafe lemon used car. Stop taking away your customers' Constitutional rights, by imposing forced, mandatory binding arbitration on them, just to buy a car.

Sincerely,
[Your name]

Recent signatures

    News

    1. Reached 2,000 signatures
    2. News report: sour car deal spurs billboard protest

      Jon Perz
      Petition Organizer
      Billboard Seeks to Name and Shame in Arbitration Case

      Jon Perz, the disgruntled Mossy Toyota customer who has become an outspoken critic of private arbitration as a means of settling consumer complaints, has taken his feud with the car dealership to a new level. Perz and the activist group Consumers for Auto Reliability and Safety had a billboard erected Monday morning on Mossy's own used car lot.

    3. Reached 50 signatures
    4. American Arbitration Association drops Mossy Toyota for non-payment.

      Jon Perz
      Petition Organizer

      The American Arbitration Association dropped Mossy Toyota, citing the dealerships' failure to pay to initiate the arbitration process so I could have my case heard. The AAA also requested that Mossy Toyota remove the AAA name from all future contracts.

      Read the AAA's letter to Mossy Toyota, here:

      http://www.carconsumers.org/pdf/AAA-dumps-Mossy.pdf

    5. Consumer Reports article about this story

      Jon Perz
      Petition Organizer

      Consumer Reports magazine published an article about this used car lemon nightmare and how consumers are losing their Constitutional rights when they buy products or services, including when they buy a used car from a dealer.

      http://www.consumerreports.org/cro/magazine-archive/september-2009/viewpoint/overview/locked-out-of-the-courts-ov.htm

      Locked out of the courts

      Viewpoint Last reviewed: September 2009 Here, a monthly perspective from Consumers Union on the latest challenges-and possible solutions-facing U.S. consumers today. See archived letters. Locked out of the courts When Jon Perz was shopping for a used car near his home in San Diego, he went to the dealership that had serviced his previous vehicle for years.

    Supporters

    Reasons for signing

    • Kevie Russell GWYNN OAK, MD
      • 4 months ago

      My last auto buying experience was one where the car salesman, his finance manager and whomever else in that establishment were all operating from pure greed. What's worse is they see nothing wrong with it. By the way, it's Northwest Honda in Owings Mills, Maryland. Just a little heads up to anyone looking to buy a car!

      REPORT THIS COMMENT:
    • Kate Monahan Negri COEUR D ALENE, ID
      • 4 months ago

      It's just wrong, if the man was able to go as far as prove the vehicle was 'unsafe' and it did not meet the "Certified Used" requirements, then the contract should've been null and void from the start. That Toyota dealership should be ashamed. And who 'police's' the "Certifed Used" contract ?? Why do we, as the public, have the burden of 'assuming' they are telling the truth?? Give this man his money back plus any monies he incurred.

      REPORT THIS COMMENT:
    • Carol Woodard EL CAJON, CA
      • 5 months ago

      I have a simliar story but with Mossy VW. I have tried everything to return the car and have tried to work with Mossy. My car is undriveable and unsellable. It's parked in front of Mossy now with signs that read "Mossy VW Customers Beware. Something needs to be done./

      REPORT THIS COMMENT:
    • Sean Horton LOS ANGELES, CA
      • 6 months ago

      Because im experiencing the same nightmare!!!

      REPORT THIS COMMENT:
    • Ronelle Lawson AUSTIN, TX
      • 7 months ago

      This is important to me because I am going through something similar. Please sign my petition as well: http://chn.ge/1kEYD49

      REPORT THIS COMMENT:

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