Seeking legal advise against a dealership
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(crossposted from G35driver)
I don't post much on here but have been an avid G35 enthusiast since 2003. The car is extensively modified for those that know me I'm pretty meticulous about the care of my car.
I had to take it to the dealer for the Fuel line recall... There are 3 rules I always say to Tustin Infiniti.. Thats:
1. Don't wash the car
2. Don't put the car on a lift
3. Don't drive the car off of the lot
Now I understand 2 and 3 would have to be done during certain circumstances however in the case that I brought the car to the dealership they were not. I also make sure to say, call me if you need to break any of my rules. They assured me two things...
1. We never drive the car off the lot, we dont have time to mess around like that.
2. If we have to do anything, we will give you a call.
So today I go to pick up my G35 (I've had great service from them in the past getting window motors fixed) and check the odometer. Sure enough, there are an additional TEN miles on the car. Not to sound rude, but it would take an awful lot of driving around on their small parking lot to gain 10 miles. Thats a nice joy ride on the freeway with a twin turbo G35 if you ask me.
I made sure to have the assistant service manager sign on my paperwork that there are a confirmed 10 additional miles on the odometer and date it.
I'm upset. I'm sure most of you can relate, and some of you will say "oh yea well who cares." Well I have invested lots of money into my baby and do all the work I can myself on it, most dealer stuff is warranty related. It's got full top secret body kit, APS turbos, volk wheels.. and it's slammed.
So anyway, what do you guys think I should do about this? I'm not mr. sue happy, but thats pretty messed up in my book. Has anyone experienced such an ordeal and how have you dealt with it?
Thanks alot,
Pete
I don't post much on here but have been an avid G35 enthusiast since 2003. The car is extensively modified for those that know me I'm pretty meticulous about the care of my car.
I had to take it to the dealer for the Fuel line recall... There are 3 rules I always say to Tustin Infiniti.. Thats:
1. Don't wash the car
2. Don't put the car on a lift
3. Don't drive the car off of the lot
Now I understand 2 and 3 would have to be done during certain circumstances however in the case that I brought the car to the dealership they were not. I also make sure to say, call me if you need to break any of my rules. They assured me two things...
1. We never drive the car off the lot, we dont have time to mess around like that.
2. If we have to do anything, we will give you a call.
So today I go to pick up my G35 (I've had great service from them in the past getting window motors fixed) and check the odometer. Sure enough, there are an additional TEN miles on the car. Not to sound rude, but it would take an awful lot of driving around on their small parking lot to gain 10 miles. Thats a nice joy ride on the freeway with a twin turbo G35 if you ask me.
I made sure to have the assistant service manager sign on my paperwork that there are a confirmed 10 additional miles on the odometer and date it.
I'm upset. I'm sure most of you can relate, and some of you will say "oh yea well who cares." Well I have invested lots of money into my baby and do all the work I can myself on it, most dealer stuff is warranty related. It's got full top secret body kit, APS turbos, volk wheels.. and it's slammed.
So anyway, what do you guys think I should do about this? I'm not mr. sue happy, but thats pretty messed up in my book. Has anyone experienced such an ordeal and how have you dealt with it?
Thanks alot,
Pete
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man thats insane. i would be upset too. seeing how much work u put into it, that car should be treated with deep respect. personally, i would submit complaints through the chain. through infiniti would be a good start and dont let up until u get a good answer, reason, or anything u are looking for in this matter.
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Originally Posted by SnoDog
Why do you not want them to wash your car? Do the dealerships put the cars through a machine or are they hand washed?
some dealership's ideas of a car wash include nothing more than a wipe down with a wet rag after a pressure rinse. It's horrible. One dealership in a few will ruin the credibility of all the others due to their incompetence.
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Originally Posted by HDPD350Z
You have to be able to show a tangible loss in order to collect any monetary rewards from them.
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Originally Posted by The Brickyard Rat
All of this whinning over 10 miles & you don't mention any damage?
Grow up & get a life.
![](http://pic11.picturetrail.com/VOL366/1161059/4044055/126560768.jpg)
Grow up & get a life.
![](http://pic11.picturetrail.com/VOL366/1161059/4044055/126560768.jpg)
I agree that its a little steep to be talking legal action, and in terms of that you have no case. Even if you did the settlement would be so minute it wouldn't be worth your time.
Honestly if this happened to me I would be angry and frustrated, just like you. Its the principle of the whole thing. You know they broke the speed limit, its a freaking twin turbo g, come on now...
IMO the best you can do is complain. And I know I sound like a dick, but if someone came to you and expected something to be done about 10 miles, what could you do? Fire the employee? Albiet the guy is a ****face in the first place for taking your car but have you ever been fired? It doesn't feel good. He probably has kids and probably drives a sentra or something and had a chance to take a real car out. I wouldn't do it, but then again I'm not a mechanic.
So ultimately, what do you want to happen? Can you demand 6 free oil changes or something? That sounds reasonable.
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iirc, the fuel line recall involves removing the rear assembly (i.e. rear axle + suspension). After reinstallation, I would expect a thorough test drive to assure that everything is working properly. Ten miles (including driving around the parking lot) sounds completely reasonable to me.
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Originally Posted by zedated
iirc, the fuel line recall involves removing the rear assembly (i.e. rear axle + suspension). After reinstallation, I would expect a thorough test drive to assure that everything is working properly. Ten miles (including driving around the parking lot) sounds completely reasonable to me.
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Originally Posted by davidv
Agree. Considering that this would be a civil case. I do not think that you have sufficient grounds to win. The precedent in a suit is that you must show harm: either you or your property must have been damaged in some way. I see no damage. You and the dealer have a contract. The contract was breached. But how were you harmed?
All you can do is complaign to the dealer, and hopefully the dealer will take some responsibility and do something to make things right with their customer. Beyond that you can file a complaint with the BBB, and never use that dealer again
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I appreciate the "mature" responses... And to think, I actually had respect for The brickyard rat before I found out he was a pre-judging ***** of a man.
Telling me to grow up with such a response? Do I even merit that with a retort?
Anyway, like I said.. I'm not a sue happy person.. just curious to see if anyone has been through this..
Telling me to grow up with such a response? Do I even merit that with a retort?
Anyway, like I said.. I'm not a sue happy person.. just curious to see if anyone has been through this..
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Brickyard... that was totally uncalled for. Grow up and get a life? How old are you and how much of a life do you have making such childish comments like that??
I would be LIVID if that happened to me. He gave them specific instructions that were not followed. It's his fckin car that he sunk a ton of money into, and its infinities issue for there being a problem that needed warrenty work to begin with.
That's just messed up... and I don't know that there is anything that can be done about it. I would definitely have a serious talk with some peope to say the least.
I would be LIVID if that happened to me. He gave them specific instructions that were not followed. It's his fckin car that he sunk a ton of money into, and its infinities issue for there being a problem that needed warrenty work to begin with.
That's just messed up... and I don't know that there is anything that can be done about it. I would definitely have a serious talk with some peope to say the least.
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Wow that's a horrible ordeal.
There are few things I would like to point out though, given that I have read your post correctly.
1) your dealer is way out of the ordinary becausae they actually signed and dated your documents stating mileage discrepancies.
2) your dealer is also very cooperate in that they agreed to your 3 rules, (I don't know if you had them sign on that one)
3) Now, between the accordance of your 3 rules and the person who actually drove your car in the end (10 miles), do you know if these two people were the same? Who did you speak to about your service when you stated your conditions?
If neither your service writer or the tech who worked on your car drove your car then, you should find out who drove it.
However, if either your service write or your tech drove it or both, then you should probably let all hell break lose because it was your service writer's job to make sure he/she and the tech do not drive your car off the lot.
Some tips that I have found extremely useful in dealing with situations like this. Make availble to yourself the person of the highest possible position at your most trustworthy dealership - preferably the service manager. Make sure he/she is aware of what is going on with your car Each and Every time you bring it in and that they know your requests.
With different service writers, sometimes they just dont care. Other times, they've been there only 2 weeks and they can't put pressure on the techs because the new guy doesn't know them, and the techs will probably just blow them off even if a customer like you is dead serious about it.
As far as legal action, i'm not sure there is a solid unit or concrete posessive property to claim in this matter for recourse in any of the smaller municipal and claims courts. As far as emotional trauma, this would be a little absurd for which to make a case, considering the grand scale of things- war, watching loved ones die, getting tortured, etc.
However, I would recommend filing a formal complaint with the Nissan/infiniti Group, with your dealer, and with the owner of the dealership.
Good luck
Cheers,
Allen
There are few things I would like to point out though, given that I have read your post correctly.
1) your dealer is way out of the ordinary becausae they actually signed and dated your documents stating mileage discrepancies.
2) your dealer is also very cooperate in that they agreed to your 3 rules, (I don't know if you had them sign on that one)
3) Now, between the accordance of your 3 rules and the person who actually drove your car in the end (10 miles), do you know if these two people were the same? Who did you speak to about your service when you stated your conditions?
If neither your service writer or the tech who worked on your car drove your car then, you should find out who drove it.
However, if either your service write or your tech drove it or both, then you should probably let all hell break lose because it was your service writer's job to make sure he/she and the tech do not drive your car off the lot.
Some tips that I have found extremely useful in dealing with situations like this. Make availble to yourself the person of the highest possible position at your most trustworthy dealership - preferably the service manager. Make sure he/she is aware of what is going on with your car Each and Every time you bring it in and that they know your requests.
With different service writers, sometimes they just dont care. Other times, they've been there only 2 weeks and they can't put pressure on the techs because the new guy doesn't know them, and the techs will probably just blow them off even if a customer like you is dead serious about it.
As far as legal action, i'm not sure there is a solid unit or concrete posessive property to claim in this matter for recourse in any of the smaller municipal and claims courts. As far as emotional trauma, this would be a little absurd for which to make a case, considering the grand scale of things- war, watching loved ones die, getting tortured, etc.
However, I would recommend filing a formal complaint with the Nissan/infiniti Group, with your dealer, and with the owner of the dealership.
Good luck
Cheers,
Allen
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Understood.. thanks for the responses..
This is the ironic part. The guy that I only deal with there [I]is[I] the service manager. He's a great guy that always abides by my rules. He even went above and beyond on a Saturday afternoon once when my radiator had a bubble in it and needed to be bled. Regardless of my modifications, and time of the day, he took me in, immediatly had it fixed and sent me on my way w/out a charge. Lets just say I wrote infiniti a letter of appreciation. I later found out that infiniti corporate never sent them the letter even though they called me to say that they would have forwarded it on.
Oh well. Live and learn I guess. Maybe any future recalls I will try to perform myself.
This is the ironic part. The guy that I only deal with there [I]is[I] the service manager. He's a great guy that always abides by my rules. He even went above and beyond on a Saturday afternoon once when my radiator had a bubble in it and needed to be bled. Regardless of my modifications, and time of the day, he took me in, immediatly had it fixed and sent me on my way w/out a charge. Lets just say I wrote infiniti a letter of appreciation. I later found out that infiniti corporate never sent them the letter even though they called me to say that they would have forwarded it on.
Oh well. Live and learn I guess. Maybe any future recalls I will try to perform myself.
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Originally Posted by narkotic
Understood.. thanks for the responses..
This is the ironic part. The guy that I only deal with there [I]is[I] the service manager. He's a great guy that always abides by my rules. He even went above and beyond on a Saturday afternoon once when my radiator had a bubble in it and needed to be bled. Regardless of my modifications, and time of the day, he took me in, immediatly had it fixed and sent me on my way w/out a charge. Lets just say I wrote infiniti a letter of appreciation. I later found out that infiniti corporate never sent them the letter even though they called me to say that they would have forwarded it on.
Oh well. Live and learn I guess. Maybe any future recalls I will try to perform myself.
This is the ironic part. The guy that I only deal with there [I]is[I] the service manager. He's a great guy that always abides by my rules. He even went above and beyond on a Saturday afternoon once when my radiator had a bubble in it and needed to be bled. Regardless of my modifications, and time of the day, he took me in, immediatly had it fixed and sent me on my way w/out a charge. Lets just say I wrote infiniti a letter of appreciation. I later found out that infiniti corporate never sent them the letter even though they called me to say that they would have forwarded it on.
Oh well. Live and learn I guess. Maybe any future recalls I will try to perform myself.
Well you are in the area, so if you ever need any help dont' hesitate to PM me or drop me a line.