Used car nightmare -- Mossy Toyota





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Published on Mar 4, 2010

Feb. 6, 2014: Jon's not the only car buyer who's getting a raw deal because of car dealers taking away their Constitutional rights. Check out SF Chronicle report:


Update: July 24, 2013: Why would Mossy want to take away his customers' ability to use California's consumer protection laws? Maybe it's because he lost another case where the consumers took one of his other dealerships to court.

In 2009, a jury found that Mossy Nissan snookered a San Diego-area couple into buying a lemon car, without telling them it was a "lemon law buyback" -- because the manufacturer bought it back from the first owners, under California's lemon law, due to defects.

According to documents filed with the court, at one point during the trial, the couple's attorney, Hal Rosner, asked the general manager why they advertised lemon law buybacks as "consumer" buy backs, instead of using the legally required term -- "lemon law." The manager blurted out, "NOT A LOT OF PEOPLE ARE GOING TO COME SEE THEM IF WE CALL THEM LEMON LAW BUY BACKS."

The court awarded the couple a full $33,115 refund, plus interest, their attorney's fees, and costs.

Update: July 17, 2013: people have been asking what can be done to change this, and get back our Constitutional rights -- including consumer protections. Here's info about a simple step you can take that will make a difference:


Update: July 16, 2013: CARS has posted a colorful billboard adjacent to the Mossy Toyota car lot, with a link to this video and a new website, at:

Jon has also started a new petition at Change.org, calling on Mossy to refund his money (about $12,000) and stop taking away its customers' Constitutional rights when they buy a car. If you think consumers should not have to surrender their rights to buy a car, you're invited to sign the petition, here: https://www.change.org/petitions/moss...

The latest news: http://voiceofsandiego.org/2013/07/15...)

Update: June 10, 2013: One major reason Jon has been waiting so long, just to get a hearing over his unsafe used lemon -- Mossy Toyota failed to pay to initiate the arbitration process. Under the American Arbitration Association (AAA) rules, it's the company that has to pay, when the dispute involves a consumer. Finally, the AAA dropped Mossy Toyota and requested that the car dealership no longer include AAA in its contracts. Here's the AAA's letter to Mossy Toyota: http://www.carconsumers.org/pdf/AAA-d...

Update: June 6, 2013: The nightmare continues. A hearing that was scheduled before JAMS was mysteriously cancelled, leaving Jon waiting in "arbitration purgatory."

How Jon's ordeal started:
Mossy Toyota http://www.mossytoyota.com/ in San Diego sold Jon Perz a so-called "certified" used car that shook and rattled when he drove it. Then they refused to fix it, and told him the wild vibrations were "normal." He found out later that it had been submerged, and is unsafe to drive. To preserve his good credit, he had to keep making payments on the car -- even though he couldn't drive it. It's been sitting, parked, since 2007, shortly after he bought it. He got an attorney and filed a court case, but because of an "arbitration" clause on the back of the contract, he's been denied a hearing in court. Instead, the court ordered him to go submit to arbitration. But the dealer refused to pay to initiate the process, even though the contract Jon signed said the dealer would pay. Finally the arbitration company dropped the dealer, citing non-payment.

Jon then managed to get scheduled for a hearing before a different arbitration company, JAMS, but then JAMS rejected him for a hearing, saying he had waited too long -- ignoring the dealer's role in causing the delay -- and leaving him still hanging in "arbitration purgatory."

Jon is a champion for improving consumer protections against rigged kangaroo courts -- paid for by the very companies that are ripping off consumers. He's been featured in Consumer Reports magazine and recently testified before the California Assembly Judiciary Committee on behalf of consumers.

How to avoid becoming a victim of unscrupulous car dealers:

What you can do to get your rights back:


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