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This dealership will do whatever it takes to make a deal, even if that means violating the Texas Deceptive Practices Act and FTC Act Section 5: Unfair or Deceptive Acts or Practices.
Conducted a new vehicle purchase with a Trade-in. Trade-in vehicle was capped at a certain price because "We cant sell it here at this dealership, it has to be sent and sold at wholesale because of mileage." - Jeovanni and Asst. Manager.Then list the vehicle for sale on their website with insane amounts of false advertising for "features" the vehicle has never had.... Once you call them out on it, and make an oral deal to make this right. Lance Smith changes the deal by including a Confidential Settlement Agreement... During the conversation Lance and I had he indicated that he hasnt read this document, and when I told him what the contents mean, I was told I was wrong.... Then says he will not honor a physical document signed by a Salesperson and Manager that clearly states the dealership does owe me a check.
Sections 2,3 and 8 are what take away the Consumer Protections and any vehicle warranty(s). This also Violates Federal Trade Commission Act Section 5: Unfair or Deceptive Acts or Practices and Texas Deceptive Practices Trade Act.
WHEREAS, Customer and Dealership intend to bring their dispute to an amicable
conclusion and settle all claims and causes of action of any kind whatsoever arising out of or
relating to the Vehicle and the Transaction.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
below the Parties covenant and agree as follows:
1. In full and final settlement of the dispute between Customer and Dealership, and in
exchange for the releases below as well as the warranties, representations, covenants, and promises
set forth in this Agreement, the Dealership agrees to tender a one time goodwill payment to
Customer in the amount of TWO THOUSAND DOLLARS and 00/100 Dollars ($2,000.00) in
regards to a difference on payout on his trade. This will resolve and conclude all dealings and
negotiations between the Parties. Dealership has not promised or committed to perform any other
actions or tender any other amounts to Customer or to any third party.
2. Customer, on behalf of himself and his heirs and assigns (collectively “Releasors”),
does hereby completely release and forever discharge Dealership and its affiliates, and all past and
present officers, directors, managers, members, shareholders, employees, representatives,
successors and assigns, and each and every one of them (hereinafter individually and collectively
referred to as the “Releasees”) of and from any and all causes of action, damages, liabilities and
claims of any kind, nature or description, at law or in equity, including, but not limited to, any and
all claims based on the Transaction (collectively the “Claims”), which Claims the Releasors shall
or may have against the Releasees, or any of them, whether or not now known, by reason of, arising
out of, or relating in any way directly or indirectly, to the Vehicle, the ancillary products and
services purchased, any delays in the delivery of the Vehicle to Customer, or otherwise related to
the Transaction or any portion thereof.
3. Customer represents and warrants to Dealership that: (i) Customer has the requisite
power and authority to enter into and perform the duties under this Agreement and that no consents
or approvals regarding this transaction need be obtained from anyone; (ii) Customer has the sole
right and exclusive authority to execute this Agreement and receive the consideration specified
herein; and (iii) Customer has not sold, assigned, transferred, conveyed or otherwise disposed of
the right to pursue any of the claims, demands, causes of action, obligations or damages referred
to in this Agreement.
4. Customer agrees to keep the terms and conditions of this Agreement strictly
confidential and, except as required or allowed by applicable law, Customer shall not disclose,
discuss, or reveal the terms and conditions of this Agreement to any other persons, entities, or
organizations, except for Customer’s attorney or financial advisor, without the prior written
approval of Dealership.
5. For the same consideration set forth in Paragraph 1, Customer agrees that he will
not make or cause to be made any statements that disparage, are inimical to, or damage the
reputation of Dealership or any of their past or present affiliates, subsidiaries, agents, officers,
directors or employees. In the event such a communication is made to anyone, including but not
limited to, the media, the internet, blogs, chatrooms, web sites, Google, Twitter, Facebook,
public interest groups and publishing companies, it will be considered a material breach of the
terms of this Agreement. In the event of breach, Dealership has the right to seek injunctive relief
in the State Court to permanently enjoin and restrain such statements, and may seek damages
and other remedies associated with a breach of this provision.
6. This Agreement shall not be construed, and is not intended to be construed, by the
Parties as an admission of any liability by Dealership.
7. This Agreement shall be governed in all respects, whether as to validity,
construction, capacity, performance or otherwise, by the laws of the State of Texas.
8. This Agreement constitutes the sole and entire agreement between the parties
hereto, with respect to the subject matter hereof and supersedes all prior oral and written
communications, proposals, agreements, representations, statements, negotiations and
undertakings, whether express or implied, between the parties hereto with respect to the subject
matter hereof. There are no collateral understandings, representations or agreements, other than
those contained herein. No provision of this Agreement shall be amended, waived or modified,
except by an instrument in writing, signed by the parties hereto.
IN WITNESS WHEREOF, I intend to be legally bound and hereby have set my hand and
seal as of the date first written above.