I contacted MaxSpeed Auto in response to an advertised vehicle, by way of MaxSpeed Auto’s web-site: http://maxspeedautosales.com/index.htm. Ryan Martin responded via telephone, and e-mail. Thus, after confirmation of the car’s availability and trade-in details, my husband and I packed up our two children and drove three and a half hours to Valley Stream, New York. Upon arrival, at approximately 1:00 p.m., we viewed the car; we test drove the car, and was invited into the sales office. I agreed to purchase the vehicle (as my source of transportation for work, and children’s activities is no longer operable); MaxSpeed Auto agreed to sell the vehicle to me. Accordingly, I submitted my loan approval paperwork from my bank; however Mr. Martin stated that in order to receive the Internet special rate, MaxSpeed Auto’s financing had to be used. I agreed to those terms. Thus, I submitted a loan application, and MaxSpeed Auto began the lending process (i.e. credit check, etc.)

The wait for the approval was quite lengthy as Mr. Martin stated, “Since it is Superbowl Sunday, the lending responses are slow. However, you have nothing to worry about. Your credit is good, so the car is yours. We just have to wait for the bank to get back with us.” My family and I waited in a cold salesroom annex for four hours. Finally, at 5:00 p.m. MaxSpeed Auto closed. Mr. Martin stated, “I forwarded a text but its obvious that the recipients of my text are watching the game.” We were next told that we should make plans to return to New York on Monday to pick up the car. Disappointed, we returned to our car to head back to Delaware. As we were set to pull away from the curb, Mr. Martin ran up to the car, tapped on the window and stated, “The approval is in! The car is yours.” Thus, we returned to the sales office to wrap up the deal. In the interim, Mr. Martin stated that the bank wanted $4, 000. I said, I don’t have $4, 000 on me now, but if you will allow me to bring the cash on Monday or Tuesday, I can transfer the funds from my bank. Mr. Martin said, “There’s no need for that. Why don’t we add your husband to the application. I’m sure we can get an instant approval that way. Your credit is good, you are approved, but you have an outstanding auto loan which is why the bank is requesting $4, 000.” We agreed, and my husband submitted a loan application. Mr. Martin reminded us that we would not receive an answer that day (Sunday – 2/1/09), as the banks were closed for sure, but with my husband’s application we would be able to take the car home on Monday. He again confirmed my cell phone number and bid us a safe trip home.

On Monday, February 2nd both my husband and I made numerous calls to Mr. Martin requesting the results of the loan. Mr. Martin continued to advise us that the loan was in process, however, “the banks are slow today” he added. At approximately 5:00 p.m. my husband called to inquire of the results. Mr. Martin stated that he did not hear back, but by Tuesday he would know something. On Tuesday morning, prior to MaxSpeed Auto opening, I left a voice mail message that I would submit the $4, 000 to pick up the car. I did not hear back from Mr. Martin, thus at approximately 11:00 a.m. I again called. At that point, Mr. Martin said, “Valerie, I was just about to contact you. Unfortunately, the car was sold last night. My boss sold the car.” I replied, “Are you kidding? You had a contract with me. Are you telling me you sold the car to another without giving me a chance? We had a contract.” Mr. Martin responded, “We did not have a contract, we had nothing in writing. Everything was oral.”

Based on Mr. Martin’s statement above, and the egregious behavior of MaxSpeed Auto, I request intervention from your office. I am not familiar with New York law, and do not claim to be an attorney; however, it appears that oral agreements are valid in New York, as Westlaw cites to voluminous decisions involving oral agreements. http://web2.westlaw.com/result/default.wl?method=WIN&fn=_top&rlt=CLID_QRYRLT4320221161252&mt=Westlaw&rltdb=CLID_DB5779619161252&db=NY-CS&fmqv=s&query=%22oral+agreement+is+valid+%26+auto%22&cfid=1&action=Search&rp=%2fsearch%2fdefault.wl&vr=2.0&sv=Split&cnt=DOC&ifm=NotSet&origin=Search&rs=WLW9.01&service=Search&effdate=1%2f1%2f0001+12%3a00%3a00+AM&srch=TRUE&sskey=CLID_SSSA9479619161252&rlti=1&eq=search

Finally, I am unclear as to MaxSpeed’s liability, as I do not know if the car was sold before or after the bank approved my husband’s application (Mr. Martin also told my husband that his application was approved and that MaxSpeed Auto would try to get a similar car. He added, “The car may be newer and cost more because a 2004 like the one we had is hard to find.” In my opinion, this is a racketeering, shady business practice that MaxSpeed Auto used to lure potential buyers in. The dealership will run a credit check, and may even sell telephone numbers and/or the address of the potential buyer (I don’t know for sure that this is what MaxSpeed Auto did, however, I am now receiving cell phone solicitation. )