Sad, another case of buyer beware:
EA brings up excellent points that I've read about hundreds of times. In almost every case, if the buyer had experience or knowledge regarding the purchase agreement and the vehicle, they could have avoided misunderstandings by getting clarification.
The buyer simply didn't do their due diligence and didn't ask the questions that could have clarified the issues.
Who's fault is it if the buyer doesn't know what questions to ask??
It appears that CW sold this vehicle AS-IS with no warranty. The only recourse I could see with CW would be if they clearly misrepresented the vehicle in some way. It may be hard to go down the "misrepresentation" path when CW represented the vehicle AS-IS, with no warranty, etc, etc, etc.
WARNING - When you see the AS-IS sticker, thats a warning sign that once you sign the contract, you own it. PERIOD.
If buying a brand new vehicle with an AS-IS sticker that says no warranty, I would recommend the buyer ask these questions prior to purchase.
1) "When something goes wrong, how do we go about fixing it?"
CW probably would have replied "Don't Know"
2) "Does the Warranty clock continue to tick while the vehicle is sitting in the shop?
CW probably would have replied "Don't Know"
3) " What accommodations / concession will be provided to reimburse me for lose of use while the vehicle is in the shop. i.e. will you provide me with a loaner?
CW probably would have replied "Don't Know"
In this case, its time to go somewhere else.
RECOMMENDATION TO EA:
Make a couple phone calls to the department heads of sales / warranty/ manufacturing/ CEO;
One to CW and one to the manufacture.
Explain to CW that this looks very bad on their reputation taking advantage of someone and it really is in their best interest to fix this TT.
Make sure you get the name of the people you are talking to. Takes some notes as to what was said - DOCUMENT EVERYTHING. Follow this up with letters (return receipt requested)
Calmly, but firmly explain this situation is "Totally Unacceptable".
Explain what they need to do to make this situation acceptable.
i.e. a new vehicle, repairs to the vehicle to your standards , reset the warranty clock to zero. etc.
Give them a deadline for response - i.e. 2 weeks. Explain after the deadline you will be pursuit other courses of actions to resolve the problems. i.e.
"Its my hope we can reach an agreement on how you are going to solve this problem. I will need to hear back from you withing the next 14 days. If you are not able to solve your problem, I will need to pursuit other solutions."
Make sure everything is in writing.
If they fail to resolve, take the vehicle t somewhere and pay to have it fixed to your satisfaction.
Don't waste your time with a lawyer, They work on 1/3 commission. Unless they can make a few thousand on this deal, they won't touch it.
Instead, pay a visit to your local Small Claims court. There is normally a limit (i.e. $2k) that can be addressed inside this court.
If you really want to create havoc (which it usually isn't worth the cost) start a web site and facebook page. i.e.
www.CWsucks.com or
www.HeartlandTTsucks.com.
Post photos, letters, invoices, etc. Keep it honest. do not exaggerate. You may get an offer from an attorney for several thousand dollars to purchase the site, but only if you sign a document that all your claims with Heartland are null and void and you will restrain from any further discussion.
GOOD LUCK - Again I hate when I see these types of articles.