BBB complaint against Mark Jacobson Toyota of Durham, NC

[Steve Winter]

COMPLAINT ACTIVITY REPORT Case # 11068536 Better Business Bureau

Mark Jacobson Toyota
4516 Durham Chapel Hill Blvd
Durham, NC 27707-2511
919 493-5599

Consumer's Original Complaint :
They sold me a Prius 2 telling me it was a Prius 3. They also falsely advertise complete satisfaction guaranteed.
On 6-25-2011 I was sold a 2011 Toyota Prius that was advertised to be a Prius 3 for $29714.40 A few days later I discovered it to only be a Prius 2 even though they even stated Prius III on the title documentation. I have a web printout of a Google search of the VIN that shows them selling it as a Prius 3. While not denying their false advertising they only offered to roll back the deal. That was unacceptable to us because of the time and effort in securing financing and that there were no other low mileage Prius models available.

Also Mark Jacobson Toyota is engaging in blatant false advertising by advertising "complete satisfaction guaranteed". That is a blatant lie and is textbook false advertising. They also did not honor their website offer for our trade in.

Consumer's Desired Resolution:
The honest and honorable thing for them to do is simply refund me the difference between the base price of a Prius 2 and the base price of a Prius 3 since I was told I was buying a Prius 3 and they had been publicly advertising the car as a Prius 3.

BBB Processing

07/29/2011 web BBB Complaint Received by BBB

[Billiam]

Just curious....did you not read the window sticker? Or was it not there?

[Steve Winter]

Originally Posted by Billiam

Just curious....did you not read the window sticker? Or was it not there?

It was my effort to find a window sticker that led me to call Toyota and discover that it was not really a Prius 3 but only a Prius 2. It was a very low mileage used car.


I recently purchased a 2011 Prius and really like it, but it was misrepresented and falsely advertised as a Prius 3 when it is only a Prius 2. At first I thought it was an honest mistake but now I am forced to revise my thinking about it. It really surprised me that Toyota has no problem with their dealerships misrepresenting the cars.

The following is a FAX I sent to a number that was supposed to go directly to Mark Jacobson of Mark Jacobson Toyota in Durham, NC but I have doubts if he ever saw it. I really find it hard to believe that Mr Jacobson would knowingly brush off false advertising by a dealership that bears his name. IT is of GREATER concern that Toyota apparently has no problem with their dealers misrepresenting and falsely advertising vehicles.

Attn Mark Jacobson,

Thank you for the letter from Doug Hannenberg who I have always found to be honest and fair in the past which has, in part, led to the loyalty to you that has built up over the years.

Doug, however, makes reference to a misunderstanding regarding our recent purchase of the 2011 Prius from you and I believe that choice of words is a mistake. The offer to simply unwind the deal is borderline insulting as I would be foolish indeed to think that I would find a similar deal for a low mileage Prius.

I must insist that there was never any misunderstanding at all. What occurred was misrepresentation and false advertising. I will be the first to admit that I do not believe that this was at all deliberate on your part, but the fact remains that I was told that I was buying a Prius 3 and you had been publicly advertising a Prius 3 as a simple Google of the VIN confirmed.

I certainly did drive the vehicle and examine it but with a history of buying cars from you it never crossed my mind to doubt that I was being told the truth about it being a Prius 3, especially when even the title work was stated as Prius 3 when I made the purchase. Is the burden now on your customer to doubt and verify everything they are told by your representatives? Is that really Mark Jacobson?

I cannot believe that the misrepresentation of a vehicle can be such a trivial matter to you or Doug or to Toyota.

I had no doubts about the car being honestly advertised until I was told twice by Toyota that it was not a Prius 3. Twice because I thought that they were the one making a mistake when they told me the first time.

This fact that I did not get what I was told I was buying is casting a shadow over what I had been very excited about and telling friends and family about this great find of a low mileage Prius 3 which is a very rare find indeed. I am not even upset that you charged me well over the window sticker price for a used car.

The Prius is very rare in this hour, but in several years when we would be thinking of trading they will probably be available again. Can you deny that when we trade it in that it will bring less as a Prius 2 than it would as a Prius 3?

It is my hope that your personal integrity will demand that something be done to compensate me for the fact that I was told I was buying a Prius 3 when that simply was not true. I believe that simple compensation for the retail difference between a base Prius 2 and a base Prius 3 is quite a reasonable request.

Sincerely,
Steve Winter

[Tech1984]

I would be glad you got what you got because of a very rare car indeed in these times.
Dealers coast to coast, Toyota or non Toyota, are charging whatever prices they want for these gems because of demand. The deal is done, and fault is on both parties.
MJ is absolutely no different than any other when it's holding on to it's niche brand.

[Billiam]

Originally Posted by Steve Winter

It was my effort to find a window sticker that led me to call Toyota and discover that it was not really a Prius 3 but only a Prius 2. It was a very low mileage used car.

Ok...it was a used car. That makes more sense.

[Steve Winter]

Originally Posted by Tech1984

I would be glad you got what you got because of a very rare car indeed in these times.
Dealers coast to coast, Toyota or non Toyota, are charging whatever prices they want for these gems because of demand. The deal is done, and fault is on both parties.
MJ is absolutely no different than any other when it's holding on to it's niche brand.

So you think that the fact that the cars are rare justifies the false advertising and misrepresentation by Mark Jacobson Toyota? According to their website the last time I looked they were claiming to have several new ones available.

They also lie and claim that they guarantee total customer satisfaction. Do you really think that lying and false advertising are OK?

I am not whining about the price I am whining because I was lied to about the car.

[Billiam]

The implication here is that the dealership knowingly mislead you. As much as we like to vilify dealers and salepeople, I highly doubt they did it on purpose. Mistakes happen. As to whether the dealership owes you anything? I'd say that depends on what you paid for it. If you paid no more than what the current market reflects for a used Prius II then the "damage" is minimal. If you paid fair market value for a Prius III, then perhaps the dealer may work with you some. Either way some of the blame falls on you for not knowing it was a Pruis II....as mean as that may sound (not my intent).

IMO, there were actually 2 mistakes made here...one by both parties.

[Steve Winter]

Originally Posted by Billiam

IMO, there were actually 2 mistakes made here...one by both parties. :thumbsup:

My only mistake was trusting Mark Jacobson Toyota to at least tell the truth about the model of car that they were advertising as a Prius 3. I had purchased several cars from them in the past and had no reason to distrust them.

[Billiam]

Originally Posted by Steve Winter

I had purchased several cars from them in the past and had no reason to distrust them.

All the more reason to realize that this was probably an honest mistake. If they were intentionally trying to deceive you then I would imagine they would try to "hold your feet to the fire", as opposed to letting you out of the deal. As long as you did not pay for what a used Pruis III would cost, then you weren't hurt in terms of the money shelled out for it. Perhaps you didn't get the features you were looking for. But they did offer you "out" of the deal and that seems more than fair to me.

And for the record, there are usually disclaimers somewhere in print ads that state that prices and availability are subject to change, as ads are usually printed up days before and inventory situations can change even before the ad is out. Also, there is usually something in that disclaimer about the dealership not being responsible for misprints and/or misinformation.

I certainly understand that you are upset. But the dealer is being fair IMO. I think, perhaps, that you're actually more angry with yourself than the dealer. That said...I hope it all works out for you. Keep us posted.

[Tech1984]

Originally Posted by Billiam

The implication here is that the dealership knowing mislead you. As much as we like to vilify dealers and salepeople, I highly doubt they did it on purpose. Mistakes happen.

Well said, Billiam, all of it.
Steve, I hope you get what you want, and enjoy the ownership of your Prius.

[Billiam]

Originally Posted by Tech1984

Well said, Billiam.....

Sorry for the typo.

"Knowingly"

[Steve Winter]

I am sorry to say but Mark Jacobson Toyota of Durham NC has lied in their response to the Better Business Bureau. But this response by them uncovers a greater matter and that is that their guarantee of complete customer satisfaction is textbook false advertising. That may be a greater issue than my being deceived about what I was buying.

http://easternnc.app.bbb.org/complai...68536/c/37em24

COMPLAINT ACTIVITY REPORT Case # 11068536 Better Business Bureau

Mark Jacobson Toyota
4516 Durham Chapel Hill Blvd
Durham, NC 27707-2511
919 493-5599

Consumer's Original Complaint :
They sold me a Prius 2 telling me it was a Prius 3. They also falsely advertise complete satisfaction guaranteed.
On 6-25-2011 I was sold a 2011 Toyota Prius that was advertised to be a Prius 3 for $29714.40 A few days later I discovered it to only be a Prius 2 even though they even stated Prius III on the title documentation. I have a web printout of a Google search of the VIN that shows them selling it as a Prius 3. While not denying their false advertising they only offered to roll back the deal. That was unacceptable to us because of the time and effort in securing financing and that there were no other low mileage Prius models available.

Also Mark Jacobson Toyota is engaging in blatant false advertising by advertising "complete satisfaction guaranteed". That is a blatant lie and is textbook false advertising. They also did not honor their website offer for our trade in.

Consumer's Desired Resolution:
The honest and honorable thing for them to do is simply refund me the difference between the base price of a Prius 2 and the base price of a Prius 3 since I was told I was buying a Prius 3 and they had been publicly advertising the car as a Prius 3.

BBB Processing

07/29/2011 web BBB Complaint Received by BBB


To: The Better Business Bureau

This is in response to the complaint that we received from the Better Business Bureau on August 2, 2011.

Mr. Winter is correct in stating that the Prius he purchased was listed on our website as a package III. This was brought to our attention by Mr. Winter several days after he purchased the car. The listing on the website was due to a clerical error. Although the website listing was incorrect, the vehicle was appraised correctly as a package II and priced accordingly.

It is never our intention to have a customer unhappy with their purchase at Mark Jacobson Toyota. When Mr. Winter brought the error to our attention, he was offered a full refund and the return of his trade-in vehicle, thereby giving Mark Jacobson Toyota an opportunity to correct the listing and represent the Prius correctly. Mr. Winter refused our offer. Instead, he requested compensation for the clerical error. While our goal as a company is to satisfy every customer who does business with us, Mr. Winter is unfortunately requesting something that is not possible.

Our offer to return Mr. Winter to his original position before his purchase was extremely fair. Since Mr. Winter insists on retaining the Prius, he has opted to keep the vehicle with the equipment and options he received on June 25, 2011.

With this being said, I sincerely apologize for the clerical error on the website and any inconvenience this may have caused him.

Sincerely,

Doug Hanenberg
General Manager
Variable Operations



CASE ID: 11068536
On August 04, 2011, you provided the following information:
I am sorry to see blatant lying by Mark Jacobson Toyota regarding this matter. This further convinces me that this may not have been an honest mistake after all.

I only saw the internet advertising AFTER I had been sold the vehicle as a Prius 3 by the sales people and everyone else that I dealt with. Even the title documentation stated Prius 3 Only after the sale did I come to find out it was only a Prius 2 when I was so advised by Toyota USA.

This response by Mark Jacobson Toyota proves absolutely that their advertising of "complete customer satisfaction" on their website video is blatant false advertising and may well be a bigger issue that my being deceived by them regarding what I was purchasing.

[bee2]

They offered you your money back. If you want a Prius 3 so bad, give them the car back and go buy one.

[Steve Winter]

Originally Posted by bee2

They offered you your money back. If you want a Prius 3 so bad, give them the car back and go buy one.

Since false advertising means nothing to you, might I inquire, are you a car salesperson?

[eyeball96]

Sorry for your troubles Steve.

I use to work in Chapel Hill in the 90's and my supervisor at the time got the ole "Bate and Switch" from the same dealer location...She contacted Toyota regional in Florida....the dealer made it right with her after that.

Maybe you should deal with Toyota Corporate instead of the BBB!