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2003-2009 Nissan 350Z

Just got screwed by Carmax - HELP!!

Old 03-11-2003, 05:10 PM
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Carolinafan
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Angry Just got screwed by Carmax - HELP!!

I'm not really sure where to begin with this post. I ordered my CS Enthusiast model on December 4, 2002 from Carmax in Greenville, SC. I waited patiently for 3 long months. I called last Thursday to see when the car would be coming in. My "salesman" said that the car would be here by Sunday (As in 2 days ago) and then it would take a day or so to add the optional leather.

I was so excited that I kept checking their website on Saturday just for fun and they actually had it listed. (It was gone by Sunday morning). Well I assumed it was mine because the MSRP matched up with what I was paying.

So tonight I called around 5:15 to see if the car was in yet. I wasn't able to get my salesman on the phone, but when I told the guy my name, he said "oh, Todd Pratt, you're famous around here. I'll have Mick (my salesman) call you back." I got a weird feeling that something wasn't right. I waited about an hour and a half and I called again and left Mick a voicemail. After waiting about 45 minutes I called again and asked to speak to the GM. I had a funny feeling that my Z had been sold.......So I get the GM on the phone and tell him my name and he said that he would call me right back in 5 minutes. Something about my name freaked these guys out.

So I get the call back about an hour ago....."Mr Pratt I've been dreading making this phone call to you"....I knew right then that MY Z had been sold. I was about as polite as I could be as I listened to him explain how some rogue saleman sold my car on Saturday. He said he was very sorry and they were having one shipped in from Tennessee for me. I told him no thanks and that I would like my deposit back. He assured me that he would have it in the mail tomorrow. I won't hold my breath on the check, but anyway I'm now trying to find a Z ASAP!! Here is the kicker - he said "We still have you're leather seats here if you want them". I didn't know whether to laugh or cry at that statement.

So.....If anyone in the Carolinas has the following Z on their lot, please let me know. I live in Columbia and I'm willing to drive anywhere in North and South Carolina or even Eastern Georgia to buy this car in the next 24-48 hours.

I'm looking for a:

Chrome Silver Enthusiast model with
*Aero Pkg.
*Spalsh Guards
*Kick Plates
*Floor Mats
*Trunk Mats
*Optional Leather interior

If anyone can help, please reach me by email and I'll try my best to return your call ASAP.

Thanks for listening to my rant and thanks for the help in advance.

Todd
todd_29201@yahoo.com

Last edited by Carolinafan; 03-11-2003 at 05:13 PM.
Old 03-11-2003, 05:18 PM
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Ricky
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Best thing you can do is check inventory on websites and find one close enough to what you want... and call dealerships. I know a dealership up here in Virginia, about a 3 hour drive from you, which would be able to get you one, and give you great service if your interested, Tri-State Nissan, Cathy Kerns, the best salewoman ever! 540-667-6800 I believe, try their website, www.tristatenissan.com.
Old 03-11-2003, 05:25 PM
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MannishBoy
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I wouldn't worry too much about matching those specific options. All are installable later. In fact, most are installed at the port anyway.

Good luck.
Old 03-11-2003, 05:41 PM
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Carolinafan
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Thanks for the kind words guys. I've found the exact car (minus the aero pkg) at 2 dealerships in Charlotte. I really just wanted everyone to know exactly what kind of dealership Carmax is. That car should have had a big SOLD sign in the window and they should have told the guy that they could get him one from Tennessee in a couple of days.

Hopefully by this time Friday night I'll have my Z.

And if anyone wants some leather seats for their Z, swing by Carmax of Greenville and tell them I sent you

Todd
Old 03-11-2003, 07:43 PM
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Omega350Z
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Okay well first off, if YOU ordered the car, it should have never came up in the system as an available vehicle for sale, especially if you already also has a deposit on the order. Your deposit is basically the same thing as a "sold" sign in the window.

Secondly, why on earth were you going thru a Carmax, and not a Nissan dealer? Personally i dont think that it was Carmax as a company that sux. It is the general manager at your particular Carmax that is shady and should be reported to BBB. Only the General manager would have authority to sell a vehicle that already has a deposit on it.

You should never let a dealership "send" you a check. Always come back in and ask for a full refund in person, and refuse to leave until they do. They cannot have you escorted off the property for doing so and they dont want the cops to get involved so you have all the cards in your hand.

You probably also could have gotten out of there with those seats for dirt cheap as a consolation for screwing you over. Play the poker face with them and push for every last bit of apology from them that you can.....
Old 03-11-2003, 07:46 PM
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del105
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Call gwinnett place nissan in georgia I was getting an oil change there today and they had a chrome enth with leather for 29 something sticker.
Old 03-11-2003, 10:56 PM
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Carolinafan
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Omega350Z: I understand what you're saying. I ordered the car through Carmax because at the time they were the only ones discounting the car in my area.

I live about an hour and some change from Carmax, so that is why I can't just walk in there and demand my deposit back (trust me, I wish I could). But if my check is not here by Friday at the latest, then I will take the next logical step.

At this point, the only way I would even consider buying a car from those clowns would be if they sold me a loaded Touring model for the price of the Enthusiast (Hell would have a better chance of freezing).

But as I said in a previous post, I've basically found the car in Charlotte and if they can have the leather in the car by Saturday, then I'll be enjoying my Z very shortly.

Thanks again for all of the help.
Todd
Old 03-12-2003, 04:26 AM
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MannishBoy
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Originally posted by Omega350Z
Okay well first off, if YOU ordered the car, it should have never came up in the system as an available vehicle for sale, especially if you already also has a deposit on the order. Your deposit is basically the same thing as a "sold" sign in the window.
If I'm not mistaken, everybody is able to see even the sold orders on Nissan's website. Lots of people have posted about tracking their cars as they come in that way.
Old 03-12-2003, 07:00 AM
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was wesman
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Originally posted by Omega350Z

You probably also could have gotten out of there with those seats for dirt cheap as a consolation for screwing you over. Play the poker face with them and push for every last bit of apology from them that you can.....
Agreed...I would have walked out with the check in my hand as well as the leather seats for FREE!!!!, you should get something for your troubles.

--wes
Old 03-12-2003, 07:32 AM
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ddtreadway
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C-fan, I ordered mine from the same Carmax, and had a great experience.

I'm sorry that this happened to you. I would love to know who the salespeople were who were involved with this fiasco.

I've dealt with them on more than one car purchase, and I've got to say that my Z purchase with them went well.

Regardless, they shouldn't have sold your car, and if you give them a chance, they might be able to work with you in some way to make amends.

Hope this story has a happy ending. Keep us informed.

I hope the person who bought "your" car didn't know what he was doing.
Old 03-12-2003, 08:24 AM
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mattvols
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You should also ask Carmax for the profit back that they made on your car. That is probably why they sold it to someone else instead of you-they made more money. It was your car, so the profit should be yours too.
Old 03-12-2003, 09:05 AM
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The really ironic thing is that when a Nissan dealer attaches a sold name to an order, it gets priority. This means that your good name got that car delivered faster FOR SOMEONE ELSE!!!

NNA does check sale names against final warranty registrations, though, to be sure dealers aren't 'making up' customers, so if they notice this often, there might be repercussions.
Old 03-12-2003, 10:11 AM
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Threaten to take them to court for the extra money toy had to pay to get your Z. You should be able to get something out of them. If not, i would take them to small claims court. You will win, trust me! Don't let them off the hook. They are acting sorry to you but by you not making them pay, you are reinforcing their behavoir and the next guy will get the same treatment.
Old 03-12-2003, 11:26 AM
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Breach of contract. They sold a car that 'technically' you had already purchased. Mistake or not, they are accountable. Treat them like they would treat you if you had tried to back out of the contract.

Last edited by Kraigman; 03-12-2003 at 11:28 AM.
Old 03-12-2003, 11:36 AM
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zland
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Breachman is 100% correct! Better yet, what would thaey treat you like if you ordered a pink Yogo that no one wanted and backed out? then they wouod get the short end of the stick just like you did being you ordered a highly desirable car with limited suppy at this point. Go after them, I think their is a 50% they sold it on purpose and are just getting more profit. You have read damamges. what ever time and increase in amount you pay for the same car is their burden. If you had to spend 10 hours looking for a new Z then figure out the amount you should get paid an hour to find it. After all, they are causing you work and you could be making money with that time instead.
Old 03-12-2003, 11:44 AM
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I don't think it's a breech of contract unless you signed papers. I know of verbal contracts, but in this case I have a feeling that they didn't sell the car by word of mouth. In many dealers over here, the "deposit" is merely to hold the car, but I was told that even with a deposit if you don't show up in the first day the car is shipped then it becomes first come first served. My boyfriend is a car salesman and he says they are like hungry dogs cuz there are like fourty something salesmen there for only one to two customers. They get caty in there, and they don't care who the car was being held for as long as they get their commission.
Old 03-12-2003, 12:00 PM
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If he put a deposit down, it is a contract, end of statement. Hopefully he got something else written but if not, any judge would consider it a reasonable expectation that you get the car you ordered. This place needs to compensate him. You guys need to be firm, do not let dealers walk over you. you got rights, insist on them or no one else will.
Old 03-12-2003, 12:28 PM
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It's a contract. There was an "offer", "acceptance" and "consideration".

So they Breached, what can you do? Depends.

locate a car, have it shipped and have carmax pay the tab for the difference in costs.

This is the kind of small claims case that would never make it to Trial. Carmax would have to be morons to play this out.

It's about time, we gave it back to those dealers that screw up, even if they only screw up once [a suit like this reminds them not to do it again. Wanna bet they had someone walk in and offer MORE than you??????]

This was not a "rogue" deal but a chance for Carmax to take the highest offer!!!!

Payback's a *****!!!!
Old 03-13-2003, 08:16 AM
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Default I Have An Idea...

Call the owner of the place and tell him that you're in the process of posting this story to every Nissan/350Z/auto afficianado website that you can find. Let us know when you have done that - post the phone number of the dealership - then all of us can call the dealership, say we're interested in a Z and then...

"Oh wait! Aren't you guys the folks that sold that Z that someone had already put a deposit on? Sorry, guess I'll try <<insert competing dealership name here>> instead."

You might not get any financial gratification out of the deal, but it sure would be fun...

Heck, I might even throw in a "and my wife was looking at picking up a Maxima from you folks too..."


Last edited by Kraigman; 03-13-2003 at 08:18 AM.
Old 03-13-2003, 09:00 AM
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I just gotta know, what the hell possesed you to buy a new Z from CarMax of all places. Their the biggest rip off guys of them all.

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