Main Menu

Hyundai Tucson

Settlement:   $15,313.34
Case Type:   Deceptive Trade Practices / New Car Purchase
Case:   Dolores Corrente v. Auto Mall Hyundai Inc., d/b/a Atlantic Hyundai
Date:   May 30, 2017
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   John Gentile, Esq., House Counsel for Atlantic Auto Group
Facts:   On February 16, 2017, Claimant Dolores Corrente, a senior, went to Atlantic Hyundai in West Islip to purchase a new Hyundai vehicle. After being shown what a 2017 Tucson was allegedly, she decided to purchase the vehicle. She subsequently discovered that what she was actually shown and purchased was a 2016 leftover demo vehicle with about 750 miles. She was quoted “bargain” price of $30,000 (about $4,000.00 off the MSRP) yet left paying close to $49,000.00 for a “certified new / used car” as referred to by the dealer. The Consumer informed the salesperson that she was looking to purchase a new Tucson. Mrs. Corrente was shown a Tucson which did not display the Monroney / Window Sticker, nor was one ever subsequently provided to her. This allowed the salesperson to grossly inflate the purchase price above the suggested MSRP by about $5,300.00. According to the Consumer the salesperson informed her that the MSRP was about $34,000.00 and that he was going to make her a “steal of a deal” and charge her $30,000.00, but only if she financed the car. Mrs. Corrente liked the vehicle and agreed to a $30,000.00 purchase price and financing of the car as opposed to an all cash balance payment. On the actual bill of sale she was charged $45,333.33 (not the quoted $30,000.00) exclusive of sales tax but not including about $6,073.00 in additional service agreements she did not want nor understand were being charged. Nowhere, in any of the bills, receipts or documents given to the claimant by Atlantic Hyundai is it stated that she was purchasing the vehicle for the quoted $30,000.00 nor does it list the price of the “actual” MSRP quoted of $34,000.00. Additionally, claimant traded in her 2011 Hyundai Sonata with only 32,462 miles on it to offset the purchase price. The salesperson allegedly told her she’d receive a credit of $10,000.00 for it, yet the finance agreement shows she was only given a $9,000.00 credit, thereby resulting in a $1,000.00 deficiency against the consumer. As if that didn’t suffice, claimant was then charged about $6,073.00 for unwanted options and add-ons such as an Auto Care Prepaid Maintenance Program, a Vehicle Service Agreement for Platinum Coverage, Key Replacement, Identity Theft Protection, a “tire and wheel” protection service and a “7 year bundle package” of unknown items that she was not aware of. In addition to trading in her prior vehicle, and adding another $2,000.00 in cash, the dealer charged another $11,063.75 on the claimant’s credit card for a total down payment of about $22, 063.75. This should have left claimant with an all cash balance of about $8,000.00 to finance. Instead, she received a 2016 “pre-certified used / new car” and was allegedly forced to incur a 75 month car loan totaling an additional $26, 675.71 in monthly payments @ $414.38, not including the interest fees charged on the credit card as part of the down payment. To add insult to injury, she apparently was also charged sales tax twice - one on each of the two documents. The total cost of the sale for the $30,000.00 vehicle was $53,142.25 as stated in the Retail Installment Contract.
Verdict:   Mrs. Corrente retained the legal services of Anthony T. Ballato, of Massapequa, NY who sent Atlantic Hyundai a Notice for the revocation and rescission of the purchase contract and finance agreement. After extensive settlement negotiations, Mr. Ballato was successful in obtaining the claimant a refund for all the unwanted add-ons, the difference of the overcharge on the MSRP price, a refund of the overcharged sales tax and attorney’s fees for a total settlement of $15,313.34 and the consumer kept the vehicle.

Ligitation & General Practice

Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2

Lemon Law Cases