I leased a new 2009 VW Passat CC through Yorkdale Volkswagen o/b 2031113 Ontario Limited (also known as York Volkswagen). The leasing company is VW Credit Canada Inc.
I was overcharged $2, 928 by this dealership. In addition, the dealership also reneged on a $700 price reduction they offered me, bringing the overcharge to $3, 628.
I visited the dealership on Saturday February 21, 2009. After having discussed the price of the vehicle with the Salesman, he went into the Sales Manager's office where I was not invited and the two of them prepared the Officer to Lease form on their company form. This Offer to Lease form was prepared based on a vehicle selling price that was $2, 125 higher than what we had discussed (and $2, 125 higher than the MSRP) – therefore, the price was misrepresented. The form also did not disclose the vehicle selling price and neither the Sales Manager nor the Salesman informed me of the increase in selling price, as is required under the Consumer Protection Act (of Ontario). I did not understand what I was entering into due to the aforementioned lack of disclosure. Further, I did not have a payment calculator available to me in which I could have calculated the price that Yorkdale Volkswagen failed to disclose. In fact, in our subsequent conversations, the Sales Manager claimed that the selling price was irrelevant!
To add insult to injury, due to a drop in the interest rate offered by VW Credit Canada at the time of vehicle delivery, Yorkdale Volkswagen further increased the selling price an additional $803 without proper disclosure, leading to a total overcharge of $2, 928. Further, the Sales Manager reneged on the $700 price reduction he offered me – the price was instead increased – bringing the overcharge to $3, 628.
I was shown the final lease agreement only after my trade-in vehicle had been taken from me and my insurance on that car had elapsed. Upon seeing that I agreement, I informed the Business Manager that the vehicle selling price listed on that document was higher than the vehicle price I had agreed to. The Business Manager told me the amount included freight, security deposit and the first lease payment, as well as some other small charges. He further said that they only made an additional $250 due to the interest rate drop. I had told him that I did not want to sign the agreement. He told me that I did not have a choice, since I had signed the Offer to Lease documents. I had no way of checking the Business Manager's information at the time but now it is clear that the information provided by him was a misrepresentation.
I have tried to cancel the agreement at various stages and I have given the Sales Manager various opportunities to correct the errors noted above. The Sales Manager has steadfastly refused and indeed he has said that he is unwilling to “debate” the issue. Therefore, I must conclude that his actions and those of Yorkdale Volkswagen were deceptive and unconscionable.
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