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2003-2009 Nissan 350Z

2004 350z roadster purchase gone sour

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Old Feb 23, 2013 | 05:38 AM
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Default 2004 350z roadster purchase gone sour

Hi all,

Been lurking here for a while as I wanted to get information about this car. From what I've been reading, this is a great car and as such I put an offer to purchase a 2004 gray 350z roadster with 75000KM.

First, I'ved search since two months ago and there's only a few out there that meets my budget and condition that I'm looking for. Finally, I did find one at a local dealer.

The car was in storage, however based on pictures (lots of them) on the dealer website, the car esthetically looks very good, almost new. So I decided to lock it in withou seeing the car as the car was in storage and apparently there are many buyers at it.

Dealer and I drew a contract where I left a deposit and this contract is the standard sales contract. This was 3 weeks ago.

Yesterday, I get a call from the dealer and tells me that I have to pay an extra 1000$ to cover expenses due to damage occur while it storage.

Although I could not get further details on what the damage is and what exactly happened, I was told that I have no choice but to fork out the 1000$ should I choose to continue to purchase the car.

I told the dealer that we have a sales contract and that the only condition i had on the contract is that it passes my inspection and that esthetically, the outside based on their pictures are perfect. So it would be entirely a mechanical inspection. The salesman agrees with me but he tells me that the sales manager is unwilling and he want 1000$.

I went to see them last night. The sales manager comes into his office, looks at me briefly and says I'm not loosing money and if you want the car, you give me the extra 1000$. I told him that we have a binding contract and before I can finish my sentence, he interrupted agressively and says either you take it or go get your deposit at the counter. He never looked at me and keep walking around his office, shuffling paper, checking his phone...etc.

As I try to say something again, he again interrupted and says that he is not selling me the car.

I'm so pissed and I've been looking now for information on how binding this contract is. I know for us buyers, it can be difficult to get out of the contract and get your deposit if you want to back out.

I asked to see the car damage but they are not interested. I'm thinking that they may have gotten a better offer from someone as the use car availability of this model is almost none in my area.

I am so pissed that I want to do something and not just for me but for other potential buyers out there. Hey, 1000$ these days is not a lot of money. To me, it's the principle. Should this guy explained the situation in a more civilized manner, I may have understood but they were- like "you either give us the $$$$ or leave). I have never been so angry.

So anyhow, I know of another listing which was a bit out of my price range. It's a 2007 350 Roadster Grand Touring black. The only thing I wasn't crazy for is black but it's ok. So I went there, test drove it and put a deposit and hopefully this process will go without incident.

I'm pretty upset right now but I'd like to post some questions on this 2007 model but for now I'm looking for a course of action. Although I was sort of forced to get my deposit, I did not give them the copy of my contract. I 'd like to get your opinion on what I can do. I can write to the dealership owners/president and/or Nissan Canada but that may likely just go under deaf ear.

Thanks.
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Old Feb 23, 2013 | 06:23 AM
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zswickliffe
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I don't understand... I would have walked away as soon as they tried to change price? Unless they were going to keep your deposit for walking away. I would never try to force a sale with a shoddy dealer.

Also, why are you forcing the purchase? I looked for months because I knew I wanted an '05, white and manual 350z. I was unwilling to settle. Don't force yourself to buy the black one just because you think you need the car now. You'll be much happier if you let it come to you.
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Old Feb 23, 2013 | 08:51 AM
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Maybe they do business different in Canada,eh?lol
Without actually reading your sales contract,its hard to give an opinion.
Maybe that "damage" in storage was in the "fine print"?
If it were me,the lack of respect from the dealer to the customer
would make me exit post haste.Again,maybe its a Canadien thing?
I've had experiences with your country( especially Quebec)where
I've noted the same take it or leave it manner.Again on your contract,
it could be binding.I would read all the detail.Suggest you go to the general
manager or owner of the dealership with you problem.
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Old Feb 23, 2013 | 09:19 AM
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zswickliffe,

It's more the principle to me. In my mind, I am going to walk away but it's the principle that made me fight. I mean it made me mad on how as consumers are tied to these contracts while the seller can just do this. How can one increase the price after a contract is signed.

Let me put it this way, say you signed a contract on a brand new car, your dream car. Car is ordered and has to be built. You had to wait for it say 3-4 months. Then, dealer just before the expected delivery date realizes that the car is rare and more in demand and folks are willing to pay way above the current price. If they pull this stunt on you saying that they won't sell this car for (whatever reason they state) without the additional $xxxxx more thousands, would you just walk away without putting up an argument? Remember you patiently waited for this and you stopped all other efforts since in your mind, you already bought the car.

Would you feel that it is just ok and just let it go and not do anything about this type practice? Why do we have sales contract then? Are contracts just in favour of the seller and buyer simply beware. Again, it's the principle to me that is eating me up inside. I'm a fair guy as most of us are out there but to me a contract is a legal agreement between two parties and should be binding.

If they did eventually agree that it's not at my expense, I would have walked out anyways from this as I would have no faith whatsover with them. It's just that I don't agree with this practice.

My time and effort to locate this car plus I lost out on other opportunities as they are now sold is all lost. Remember I stopped looking 3 weeks ago. If I would have walked away from this due to my own reasons other than it not passing my contract condition, then the dealer gets to keep my deposit.. This is compensation for them for their time and effort to make the sale and their potential lost of other interested buyers they had to push away. In this case, what do I get?? just my deposit, my lost time, my own money that sat on their account, a few more gray hairs...

The black 2007 was on top 4 list. So it's all good.. My preference was the gray color but I do like the black.... just harder to maintain...


Thanks.
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Old Feb 23, 2013 | 09:24 AM
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Chances are if they took the time to write up a contract and force you to sign it, it was for their own good. They don't give a **** about you.

When I was looking at Zs, a dealer tried to sell me one that was already sold, waiting to be picked up, as long as I beat his price. But if the shoe was on the other foot and that guy decided to walk away from the sale, he was screwed because he signed a contract to buy the car. If you wanted things to work out in your favor, you should have written up a contract and had them sign yours along with you signing theirs.
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Old Feb 23, 2013 | 09:47 AM
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JCity,

No nothing on the contract. Many Pics on their website showing the external condition of the car. Absolutely imaculate from those. If there are any damage if would be a very fine scratch that polishing can fix. No dents...etc... all clean. In fact today, the car is still advertised on their website with original price.

ZSWickliffe, the contract that was signed is the standard sales contract used in Quebec. I'll re-read the back as there are info in there and see what I can spot regarding this situation.

I'm only going to pursue this further because I'm rather upset now and I totally disagree with this practice. I'm sure this has happened many times but it's a first for me but should we just take it as is and never put a fight on what we believe is wrong? This is what is driving me to pursue this further. Clearly, I'm not buying this car anymore but I feel that this practice should be stopped. I can try to put some dent into this by filing complains and maybe go to court for some punitive damages. Not really interested in getting any monetary compensation but perhaps a fine to the dealer and a recognition that what they did is wrong.
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Old Feb 23, 2013 | 10:38 AM
  #7  
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Most car dealers are scumbags these days, and most car dealers have been scumbags for many years. That's been the case since I first had any dealings with them in the early '60s, and I expect it was the case long before then, and will continue to be the case forever.

Do you REALLY think filing a complaint over a car you didn't even buy will change this?

Get over it, learn from the experience, and move on.
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Old Feb 23, 2013 | 10:47 AM
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Get your deposit back and move on.

http://en.wikipedia.org/wiki/Tilting_at_windmills
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Old Feb 23, 2013 | 04:02 PM
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This is not an uncommon scam. You agree on a price, leave a deposit, when your getting close to completing the purchase the dealer comes up with some crazy charge. I had this happen when I was going to purchase a VW years ago. Just before completing the deal the manager comes out and informs the salesman that he sold the car $500 short and if I wanted the car I had to come up with another $500. You did the right thing by walking away. They don't have another buyer, just a dealer scam plain and simple.
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Old Feb 23, 2013 | 05:16 PM
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Only read first post. So if that was me I'd punch the Canadian salesman manager in the face and walk out. Op is a bish
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Old Feb 25, 2013 | 05:28 AM
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Originally Posted by zswickliffe
Chances are if they took the time to write up a contract and force you to sign it, it was for their own good. They don't give a **** about you.

When I was looking at Zs, a dealer tried to sell me one that was already sold, waiting to be picked up, as long as I beat his price. But if the shoe was on the other foot and that guy decided to walk away from the sale, he was screwed because he signed a contract to buy the car. If you wanted things to work out in your favor, you should have written up a contract and had them sign yours along with you signing theirs.
Seriously? Like ANY dealer is going to sign YOUR contract? OP - you got played, simply move along and pass the word to all of your friends/acquaintances to never deal with that dealer. As far as buying another Z, wait until you find what you want. There are literally thousands of used 350's these days - get the one you want, not the one you settled for. And do not ever ever ever sign a contract on a car sight unseen. Half of the time dealer photos of used cars are not even of the car they are selling but rather stock photos. And photos can make even a crappy car look great.
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Old Feb 25, 2013 | 05:41 AM
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I never said that they would sign it... I was simply stating that if you want to be the one with legal power, you have to be the one who wrote the contract.
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Old Feb 25, 2013 | 09:57 AM
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Originally Posted by zswickliffe
I never said that they would sign it... I was simply stating that if you want to be the one with legal power, you have to be the one who wrote the contract.
Got it - I missed that point.......
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Old Feb 25, 2013 | 10:16 AM
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the 07 is better anyway
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Old Feb 25, 2013 | 12:22 PM
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Pretty much has already been said...Get back your deposit and move on. Forget the pincipal involved.

As also mentioned, be sure all your friends and family know what a crooked outfit this is. Also, there is a website called yelp.com where you can post your comments about the dealer.
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Old Feb 25, 2013 | 01:10 PM
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This is another reason why I'm on the forums, to learn about the shady business (along with learning about the Z), while I save up for one.

You're right, by the principle they are wrong, and should pay some form of consequence, but they won't. It's sad to say but unless you're someone with a great following or of major influence, nothing will be done. As Blu mentioned above me the most you can do is post the ratings on yelp, and give your opinion.

Whenever I go to a dealer I automatically think, "how are they going to try and screw me over". Even if I get a good deal, I'll feel like somehow I was screwed and will never realize it. That's what today's world is like I suppose..
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Old Feb 25, 2013 | 02:27 PM
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Without a doubt, leave this story on every internet review site there is. And then find more and leave it on those.

The internet is a powerful and helpful tool for consumers nowadays. If you can keep one person from buying a car there, that dealer will lose more than the $1000 they tried to scam you out of.
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Old Feb 26, 2013 | 12:48 PM
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Thanks folks. I'm over this and I've moved on. I am sharing this to my friends and colleagues to avoid this dealership. Wouldn't you know... 2 days after I took my deposit, the Ad is now showing 2K price increase... same pics...
I'm pursuing the 2007 black 350Z Roadster with 77,000km. I'm having it inspected hopefully next week. Was nice the other day with dry road (no snow in the ground) and the dealer allowed me to test drive it. All I can say is WOW!!! The sound of that exhaust and I didn't even have the top down and was just enjoying every minute of it. Shifter shakes a little but I read that should be normal. Being it around freezing, I didn't try to drop the top down.
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