Brotherton Cadillac Experience Part I

September 28, 2009

Dear Mr. Brad Brotherton,

We are writing with regards to a vehicle we purchased from Brotherton Cadillac on August 17, 2008. We traded in our 2005 Suburu Forrester XTS and purchased a pre-owned 2005 Cadillac CTS with 38,146 miles for total cash sale purchase price of $25973.44. This included aftermarket add-on of (Sunroof, Chip Protection, Simonize and Lo Jack).

In November 2008 we began experiencing mechanical issues with the vehicle (e.g. suspension creaking noises over speed bumps and noise during slow tight turns wheel rubbing). We brought the vehicle to Bellevue Cadillac because we had moved in November from West Seattle to Monroe and it was the closest dealership to us.

At 43,002 miles in January 22, 2009, we brought the vehicle to Bellevue Cadillac. During that service, Bellevue replaced the both Control Arms and Set Camber and Toe. Technician indicated issues were fixed.

At 49,633 miles In July 14, 2009, we brought the vehicle back for service. The last service performed did not fix the creaking noise in the rear suspension. There were other issues that were new since the last service: the radio and would turn off and on intermittently, slight hesitations on hills at 20-40 mph. During that service, the Transmission Module was updated; however the radio issues could not be duplicated.

At 52,840 miles in September 10, 2009, we brought the vehicle back once again to Bellevue Cadillac. The issues with the hesitations on hills were still not resolved. The noise creaking in the rear suspension was still not fixed. Heather went out for a test drive with the technician and he confirmed issues with the Torque Converter and Rear Differential. Both were replaced during that service.

On September 16, 2009 we picked up the vehicle and the vehicle still had the rear suspension creaking noise and now a new issue with the car vibrating between 55-65mph. The vehicle was also suffering from acceleration capabilities. We noticed it lagging and chugging like a heavy duty pickup and found difficulty during acceleration.

At this point we contacted Brotherton service, spoke with Rob Cannon and brought the vehicle in on September 19, 2009.

On September 24, 2009, I spoke with Marvin and he stated the Bellevue Cadillac failed to put in the fluid for the Rear Differential, hence the car was still making creaking noises during the tight turns. He indicated the vibration was caused by “separation” tire on the front passenger side and that the other three remaining tires would need to be replaced eventually due to low tread wear.

I have a difficult time understanding how the car needs four new tires replaced with only 15,000 miles driven on them. As a GM Certified vehicle, we expected brand new tires to be put on the vehicle or tires that had enough tread to last longer than 15,000 miles. We authorized for the front passenger to be replaced.

On September 25, 2009 I went down to pick up the vehicle and took it for a 30 minute test drive. I noticed the vehicle was still vibrating at speeds between 55-65mp and the vehicle was pulling heavily to the right. The creaking noise was minimized but I still noticed a low humming noise. I returned to Brotherton and spoke with Arun about my frustration with the purchase of this vehicle. I went out for another test drive with Dan to confirm my concerns with the vehicle. Dan indicated that the tires should not have tread wear/separation within 15,000 miles. He also indicated that the slow acceleration could be due to the torque converter installation and that car may need to be reprogrammed. Dan said the low humming noise during tight turns is normal and attributed to the brake pads brushing up against each other.

After my test drive with Dan I sat down with Arun for 3 hours to discuss my disappointed and concerns with the car purchase. Arun had the service department take another look at the vehicle over the weekend.

Today, September 28, 2009 we were notified by Marvin that they replaced all four tires with stock tires from another vehicle and said that the vibration was now fixed. However, when I inquired about the acceleration issues – he said they machine did not turn up any codes.

Heather and I have been more than patient with this vehicle. After 2 months of the purchase date, the vehicle has spent more time being serviced than driven. At this point in time we are not confident all the mechanical issues are not resolved nor do we feel that it is a safe vehicle to be driving on the road.

We understand Brotherton has a long reputation for excellent customer service and selling high end quality cars, however we feel the vehicle we purchased does not fall in this category.

Under the Implied Warranties on Used Cars legislation, we would like to request a buyback from Brotherton Cadillac for the vehicle we purchased.

Implied Warranties on Used Cars

“Every used car sold by a dealer in the State of Washington for personal (not business) use has an "implied warranty of merchantability" under RCW 62A.2-314. This means that the dealer promises the used car will be fit for ordinary driving purposes, reasonably safe, without major defects, and of the average quality of similar cars which are generally available for sale in the same price range.”

“…As mentioned earlier, a used car must be reasonably fit for ordinary driving for a reasonable period of time. If the buyer has major problems with the vehicle, the consumer can request that the dealer fix the problem or refund the purchase price of the car. If the dealer refuses, that may be a violation of the consumer’s implied warranty of merchantability.”

We and I own 5 vehicles and the only vehicle we have issues with is the 2005 Cadillac CTS we purchased from Brotherton. We would like to sit down and meet with Brad and hope to resolve this as quickly as possible. As we mentioned to Arun we will be leaving town this Thursday and will not return until the second week of October.