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2003-2009 Nissan 350Z

Dealership lied to me about miles on my z.

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Old Aug 6, 2010 | 06:00 PM
  #41  
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Originally Posted by davidv
New recommendation: You do not own the car. Let grownups handle this.
lmao
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Old Aug 6, 2010 | 06:39 PM
  #42  
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Originally Posted by davidv
New recommendation: You do not own the car. Let grownups handle this.
dumbass just because the car isnt under my name doesnt mean that im not grown. get your **** straight before you try to say someone isnt grown.
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Old Aug 6, 2010 | 06:43 PM
  #43  
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by the way im the one that is pay for the car she just let me use her name to get so talk what you know and not what you dont know.

david thanks even though you were a smart *** about it.
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Old Aug 7, 2010 | 01:20 AM
  #44  
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^you type like a 15yr old. BTW, it sounds like the ball is in your court.. you say you have papers showing 49k and the odo reads 49k, the understanding was 49k. Then you receive papers saying "oh, mileage is really 84k"
are you kidding me? Even an amateur lawyer would have a field day with this
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Old Aug 7, 2010 | 08:27 AM
  #45  
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I'd just drop the car at the dealer, after calling my bank/finance company. This really couldn't be much more simple. Odometer fraud, accidental or intentional, is a federal crime, and the dealer would much rather buy it back. Every day you keep screwing around with this makes your case weaker, wouldn't you think? And, if you decide to keep the car and take a $ settlement, this issue will still follow the car when you try to sell it to the next owner.
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Old Aug 7, 2010 | 08:36 AM
  #46  
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Originally Posted by dcains
And, if you decide to keep the car and take a $ settlement, this issue will still follow the car when you try to sell it to the next owner.
Not really, he would sign an odometer certification stating that the car has "current reading" + 35,000 miles.

If there was really a fraud, do you really think the dealership would have notified him, especially if they were involved? More than likely, the fraud was at the part of the previous owner. If he knew the history and didn't disclose it, then he's the guilty party. Maybe it was the owner before that or the one before that. We'll probably never know, considering the quality of information we're getting out of the OP.
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Old Aug 7, 2010 | 08:42 AM
  #47  
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Here in FL, the last seller is ultimately responsible for making the correct mileage known to the buyer. But, there is a check-box on the title for "actual mileage unknown", and I've purchased a few cars (older Alfa's) under that circumstance.

At this point (given the poor info provided by the OP, as you stated), I think the dealer is trying to cover their own *ss, and hope the OP is dumb enough to go along with it, which seems very possible.

The other real issue, which I alluded to, is that the bank/finance company now has collateral worth much less than they had assumed, and they may demand additional collateral to secure the loan. They can force the dealer to take the car back.
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Old Aug 7, 2010 | 08:49 AM
  #48  
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one can't even beging to conjecture the real story here, because of the way the whole thread has played itself out.

to the OP - take yourself, and your sister, to the dealer, sit down and talk to the GM, finance manager, sales person, and whomever else you feel necessary, and see where you stand from there. Anything else, including posting in this already useless thread, is puffery.
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Old Aug 7, 2010 | 09:11 AM
  #49  
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Originally Posted by dcains
The other real issue, which I alluded to, is that the bank/finance company now has collateral worth much less than they had assumed, and they may demand additional collateral to secure the loan. They can force the dealer to take the car back.
That may not be the case, based on the asking price for the car, it was very close to the KBB value of that car with 84K miles on it, not 49K.
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Old Aug 7, 2010 | 10:22 AM
  #50  
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Seeing the letter here would be helpful. Is the letter apologetic? Does it have a "we regret to inform you tone"? What I'm getting at is, does said letter actually say "the car you bought really had 84K miles" or is that how you are interpreting it and relaying it? Or is it one of those thank you for your purchase letters you get from dealerships that say "Thank you for buying your 03 Z with XXX,XXX miles on it"? Is there a chance they took the car on trade with 48K on it, and all of this is as simple as a dyslexic typo?
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Old Aug 7, 2010 | 11:26 AM
  #51  
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you should hire some goons to tune their a$$'z up lmaoo Nah but seriously whats the name and location of the dealership.
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Old Aug 7, 2010 | 11:50 AM
  #52  
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Essentially what happens when you buy goods from a merchant is that you agree on specific terms (item, price, quantity, etc), then the merchant "tenders" the good, then you accept it. If the acceptance is based on an reasonable inspection of the good, then you can reject it later (within a certain time period) if you find some hidden defect or something counter to the original contract (called revocation of acceptance). Merchants are held to a high standard of good faith, but consumers are not.

Thus, since your paper work says lower miles than the actual (and it was hard to determine, since your odometer sounds wrong) then they did not deliver the car that they sold you in the contract, and you can "revoke acceptance" of the car. This is done by returning the vehicle and giving them a letter stating, with photocopies of the original documentation, that the mileage was not as stated in the sale, and that you are rejecting the car, and waiting for a car with the correct mileage and condition, subject on your personal satisfaction. The dealer should have the option of providing a suitable car to tender the correct good, or you should offer to cancel the deal (ie. and thus return your money). DO NOT WAIT, you need to get this stuff worked out within certain timeframes.

Also, you should talk to a lawyer before doing anything, this is just information about what might happen. You might need a lawyer to make them behave properly, as well.
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Old Aug 7, 2010 | 12:00 PM
  #53  
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Originally Posted by DavesZ#3
Based on the asking price (1K more than your 84K retail value), I'd say he bought the car at a fair price.
According to KBB, a 2003 Touring with 83000 miles has a retail value of $14,810. The car was listed at $14,995 and negotiable so assuming OP was bright enough to talk them down a little, he paid what it was worth for the mileage that was truly on it. Whether it was a fluke or not, he didn't get screwed.
Just a comment here: Whether he got screwed or not, he did not get the benefit of the bargain that he negotiated, and consumer laws are specifically designed to protect against this kind of bait-and-switch.

The fact that he may have paid close to the price of the non-contracted good has no impact on whether he can go after the dealer for lying. Part of the benefit of negotiating value with the dealer is to be able to get good deals - the dealer will certainly sell you any car at a higher than fair market value price every chance he gets.
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Old Aug 7, 2010 | 12:11 PM
  #54  
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You're making the assumption that the dealer made the mistake. I'm assuming otherwise in light of what the dealership has to lose by pulling a stunt like this. OP said it was a GM dealership, not a street corner car lot with a tin shed and a 300lb cigar-chomping used car salesman. If the latter was the case, I'd expect nothing less than odometer fraud at the hands of the lot that sold it. But they would certainly never send you a "oops, my bad" letter.

Since the OP has posted nothing to even hint at what the letter says and his eloquent explanation of the situation makes me believe that the story we got from him is probably far from the actual truth.

I'll be real surprised if we ever get the real story out of him.

Last edited by DavesZ#3; Aug 7, 2010 at 12:12 PM.
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Old Aug 7, 2010 | 02:37 PM
  #55  
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Originally Posted by DavesZ#3
You're making the assumption that the dealer made the mistake. I'm assuming otherwise in light of what the dealership has to lose by pulling a stunt like this.
Whether the dealer had knowledge or not, the contract specifically calls for a certain mileage which the dealer did not deliver. The dealer can escape any issues here by taking back the high mileage car and providing a lower mileage car that meets the requirements (equivalent goods).

I'll be real surprised if we ever get the real story out of him.
I'm guessing there is more as well.
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Old Aug 8, 2010 | 02:54 AM
  #56  
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Originally Posted by E_RELENTLESS
dumbass just because the car isnt under my name doesnt mean that im not grown.
too true.

but your actions, on the other hand, DO mean that you're not grown.

well, your actions, coupled with your horrendous grasp of the English language.
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Old Aug 8, 2010 | 07:33 AM
  #57  
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wow that's horrible, but even if you get the money difference from the actual book value of the car, isn't the car a salvage since there is an odometer discrepancy? i could be wrong but that's how i thought it worked, if so the car would be worth almost nothing.
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Old Aug 8, 2010 | 08:19 AM
  #58  
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The CarFax says the car was in Arlington off of I-20... so what dealership did you buy it from? One of them had an 03 black Z with about 83k and they were asking 16,500 for it - I laughed and walked away.
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Old Aug 12, 2010 | 10:34 AM
  #59  
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Originally Posted by Z1 Performance
- take yourself, and your sister, to the dealer, sit down and talk to the GM, finance manager, sales person, and whomever else you feel necessary, and see where you stand from there. Anything else, including posting in this already useless thread, is puffery.
Right answer. Why even bother posting this issue if you haven't made any effort to resolve it with the seller?

bill
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Old Aug 12, 2010 | 10:41 AM
  #60  
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Originally Posted by E_RELENTLESS
dumbass just because the car isnt under my name doesnt mean that im not grown. get your **** straight before you try to say someone isnt grown.
see that response makes you 16 again.
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