Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:10/13/2023

  Type:Service or Repair Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On July 1, I purchased a 1972 ***** ********** ****** from Fleming Ultimate Garage in Rockville, MD. Stock #**** Purchase price, $59,990. The car was advertised as "matching numbers" per the salesman, owner, website, and video. I was not allowed to look under the car on a lift or examine the build sheet or ID Fender tag (it was missing) until the car was delivered on Sept. 20, 2023. At that time, I researched the numbers and found only the engine matched. When I asked *** *******, he replied, "According to industry standards, only the motor has to be numbered." Collectors and car enthusiasts expect the engine, transmission, and rear axle to be numbered. That is what I thought I was getting. The ads have large " '72 ***** ********** ***** MATCHING #S," at the top. In the ad video (*****************************************************************************************************************************************************************************************************************), *** ******* makes no mention of the engine but he says at time code "9:16 you know whatever this is still matching numbers " He also talks about the investment grade, and collector quality in all his ads. The value of a non-matching number car is approximately $40,000 compared to a matching number one at $60,000. His asking price indicated to me that the car should have matching numbers. His ads were misrepresentations. His ad also says that the car has "Rear Differential with 3.23 Gears" which is what I wanted. It has a 3.55 instead. In the ad "...Show Ready Restoration"- after putting the car on a lift, I found the undercarriage cut out to fit a 4-speed rather than the original automatic, dual exhaust welding not show ready, and the rear housing was damaged and stick welded together. Small items not taken care of - tach not repaired properly, console just sitting over the gear shift, He offered to take the car back to resale with a 20% restock fee. No money back

  

  Business Response

  Date: 11/02/2023

  BBB,

         The advertisement clearly states the engine is matching numbers (match #'s) and does not say transmission is, so I'm not sure how else to disclose that prior to the purchase?  See ad below as well as the client inspected inspected the vehicle in person before moving forward with the purchase.
  
  ***********************************************************************************

  Customer Answer

  Date: 11/08/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because: 
  As a ******* Veteran struggling with ******** cancer as a result of my service, I had dreamed of having a car that I could enjoy in my retirement. This car and the process have been nothing short of stressful and debilitating for me. I do not wish to argue with ******************. The anguish, hard feelings, and, most importantly, the time are not worth it. I am requesting a rescission agreement,full refund, and return of the car to Fleming.

  The reasons I feel this complaint and my requests are justified are:
  1)  A car enthusiast defines a matching numbers car as having the original engine, transmission, and rear at the very minimum. Being a seller of “classic, muscle, and exotic cars”, Mr. Fleming should understand that meaning of matching numbers and not adjust the meaning to fit sales purposes and advertisements. At no time in my discussions or communications with the salesperson or Mr. Fleming, did either disclose that ONLY the engine was matching. Mr. Fleming's argument is that the car is matching numbers by virtue of the engine. Car collectors, enthusiasts, and I disagree:
  
  - Numbers matching might be the broadest umbrella term in the collector car industry. At its core, the term is intended to convey the idea that the major elements of a carchassis, body, engine, and drivetrainare the ones that were on it when it left the factory" ******************************************************************************************
  
  - "Having all the major parts like the engine block, transmission case, rear axle, carburetor, etc. all stamped with the exact same serial number as on the VIN plate indicates those components are original to that particular car."  *********************************************************
  
  - "The most general use of the term means that the engine and transmission are marked with the same sequence number as the chassis VIN number. However, the rear axle and differential date code and casting number must also correspond with the vehicle." *********************************************************************

  
  The top of the cars ad clearly states "'72 DODGE CHALLENGER RALLYE MATCHING #'S, 1 of only 357 !!!" In his video ad, ****************** says "you know whatever this is still matching numbers and it's loaded with features (9:16 timecode)". He did not disclose that the rear and transmission do not match numbers. By this omission, he is breaching his duty. Because of this omission, I was led to believe from ******************, his sales staff, his ads, and his video that the car is a matching numbers car. This omission caused harm in the form of undue stress and loss of money.
  ******* Video link: *****************************************************************************************************************************************************************************************************************************************************

  
  2) I was not allowed to inspect the car on a lift.  I was told that for insurance purposes, I could not go into the garage.  (However, I was allowed to go into the garage to see another car that was for sale.) The car has 14-inch tires which makes getting under a car to inspect it on the showroom floor impossible. I was directed to the website pictures.  These pictures do not show the true condition of the cars underside.  I requested to see the Fender ** tag when I was in the showroom.  I was told it was lost. In the video ad, time code 4:04, ****************** says, "Fender tag is over here."  Where was the ** when I was told in the showroom that it was lost?  In spite of this, at that time, I had confidence in ****************** and his company. I purchased the car in good faith.

  
  3) The price I paid for the car is similar to market value using a car enthusiast's definition of matching numbers.  Because the car does not have the original transmission and rear as a minimum for matching numbers, the car is greatly devalued. I feel I was taken advantage of because I trusted  Fleming and his staff.
  
  4) The gear ratio on the car is advertised as 3.23 gears.  The car has a 3.55 gear ratio.  

  5) Since I have taken possession of the car, I found these items were not addressed as discussed or advertised:
  The tachometer was not repaired.  (due sheet)
  The clock is not working as advertised in Fleming's video.
  The console was not installed. It was simply placed where it should go.  I found the bracket mounting kit in the trunk. (video ad)

  For your reference, Maryland Law states:
  Section 11-703 - False advertising prohibited
  A person may not advertise falsely in the conduct of any business, trade, or commerce or in the provision of any service.
  Md. Code, CL § 11-703
  
  Section 11-704 - Determination whether advertisement misleading
  To determine if an advertisement is misleading, the following, in addition to any other appropriate considerations, shall be considered:
  (1) Any representation made by statement, word, design, device, or sound, whether alone or together; and (2) The extent to which the advertisement fails to reveal a fact which, in light of any representation made, is material with respect to the advertised commodity or service under conditions which are:(i) Customary or usual; or(ii) Described in the advertisement.
  Md. Code, CL § 11-704
  
  I understand that Mr. Fleming is in the business of selling cars. I trusted him and his company.  At the time I purchased this car, I felt they were honest, fair, and lawful in purpose. I ask that Mr. Fleming promptly resolve this issue as I have requested. 
  
  Regards,
  
  *********************

  

  Business Response

  Date: 11/10/2023

  BBB,

     I'm sorry that *********  experience here at Flemings after he visited us and inspected the car in person before the purchase was not as he had hoped. I want to address the matching numbers part of his concern and that is we specifically didn't say it was "matching #'s drivetrain" as that could have been misconstrued as including the engine and transmission but to be transparent we advertised it as "matching #'s engine" only and not the transmission. If this car was shipped sight unseen and no in person inspection was performed then we could understand if some of the items needed clarification.

    In an effort to help a good client and a Veteran I propose ************ ship the car back to Flemings and we will sell it for him at a reduced consignment fee from 15% to 7.5%. 

  Customer Answer

  Date: 11/28/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:

  From: ****** **** <************@*******.net>
  Date: Tue, Nov 28, 2023 at 11:01 AM
  Subject: Complaint ID ********; Flemings Ultimate Garage of Rockville, LLC
  To: *******@mybbb.org <*******@mybbb.org>
  
  Thank you, *** ******, for your help in reopening this complaint.  Here is my response to Mr. Fleming:
  
  Thank Mr. Fleming for his response.  I appreciate his willingness to help a good client.  I cannot, however, accept his offer as I would lose additional thousands of dollars.  I would be willing to absorb the cost of transporting the car to his showroom.  I want a refund of $60,414 for the car's return.  He could resell the car to recoup that cost.
  While I do not wish to argue with Mr. Fleming, I strongly feel that if I decided to turn this case over to my lawyer, I would win in civil court because the car does not have a 3.23 gear ratio as clearly advertised. This was one of the main reasons that I purchased this car. The rear has been inspected by an ASE-certified mechanic who verified that it has a 3.55 gear ratio. This advertisement violates Md. Code, CL § 11-703. There are other issues we would address in court. This route would cost Mr. Fleming court fees, lawyer fees, loss of investment interest, and punitive damages. I sincerely hope we can settle this out of court and part on good terms.  
  
  Regards,
  
  ****** ****

  Customer Answer

  Date: 11/29/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:
  Md. Code, CL § 11-703 has been violated. 

  I am entitled to a refund. I am offering Mr. Fleming the opportunity to end our business relationship as we started.  He can refund $60,414 to my credit union account.  I will return the car to his showroom location where he can resell it.  This will save him additional costs and penalties that would be incurred with a civil lawsuit.
  I appreciate Mr. Flemings's willingness to try to make things right. I cannot accept his offer. I purchased this vehicle in good faith because I trusted Mr. Fleming and his company.  I sincerely hope we can settle this out of court and part on good terms.
  
  Regards,
  
  ****** ****