Help!! Unethical Dealer - Nissan of Lakeland
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Help!! Unethical Dealer - Nissan of Lakeland
When I called around back in May to pre-order my Z, most dealers wanted MSRP plus a dealer's fee of $400-750. One dealer, Nissan of Lakeland in Florida, indicated that they would have to charge me a dealer's fee of $399, but would lower the price to MSRP minus $399, so that the "total" price would be MSRP. The dealer sent me a written sales agreement reflecting this, which I signed and paid a $1000 deposit. When I went to pick up the car today (Touring, Daytona Blue), the manager, Keith Helms, said he would not honor that written price and that he would only sell it to me at MSRP plus a $399 dealer's fee. After tax, this is an increase of over $400 compared to our written agreement.
I believe this is totally unethical. The dealer said he could sell it to someone else at $6000 over MSRP and I therefore think he wants me to cancel my order so he can price gouge someone else. At a minimum this is bait and "switch", and I think its probably fraud. What should I do?
I believe this is totally unethical. The dealer said he could sell it to someone else at $6000 over MSRP and I therefore think he wants me to cancel my order so he can price gouge someone else. At a minimum this is bait and "switch", and I think its probably fraud. What should I do?
Banned
Joined: Jul 2002
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From: Harrisburg, NY
Re: Help!! Unethical Dealer - Nissan of Lakeland
Originally posted by rh350Z
I believe this is totally unethical. The dealer said he could sell it to someone else at $6000 over MSRP and I therefore think he wants me to cancel my order so he can price gouge someone else. At a minimum this is bait and "switch", and I think its probably fraud. What should I do?
I believe this is totally unethical. The dealer said he could sell it to someone else at $6000 over MSRP and I therefore think he wants me to cancel my order so he can price gouge someone else. At a minimum this is bait and "switch", and I think its probably fraud. What should I do?
The dealer has the upper hand here, you didnt pre-order or anything. i think its not fair, but its not as bad as it can be. Id take it, if the car isnt worht 400 more for you, or if you cant afford 400 more, then don't get it.
Maybe you can try and haggle, tell him to meet you half way with that, or tell him if he will wave that if you buy an extended warrenty or maintenannce package. PLay the game.
Well if you want to fight you would have a good argument if you have a written buyers order showing the agreed to price, take it up the ladder of the management of the dealership and the ownership if they are owned by a large corporation, and threaten to go to the BBB, and NIssan but you better have the paperwork to back it up. On the other hand it is 400 bucks don't let it ruin the ownership of the car, if they still give you a hard time tell them you will take it as is but they will hear from you come Monday, that is what I did and my first call to the GM got me the right answer and 700 bucks back after signing the contracts.
Charter Member #52
Joined: Jun 2002
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From: The Hawaii of the East Coast, scenic NJ
I might be mistaken here (and maybe some of the local legal eagles can confirm), but I thought I read something where a purchase agreement isn't legally binding unless there in a VIN which can be applied to the sales agreement. Without a VIN, it's just a meaningless piece of paper which only "talks" about selling a car.
My $0.02, the dealer does indeed have the upper hand. Try to work things out calmly and perhaps things will end up in your favor. One tactic I would avoid would be the toothless threat of having a lawyer contact them.
My $0.02, the dealer does indeed have the upper hand. Try to work things out calmly and perhaps things will end up in your favor. One tactic I would avoid would be the toothless threat of having a lawyer contact them.
Registered User
Joined: Oct 2002
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From: Cincinnati, OH
Talk to the General Manager at the dealership. If you cannot work it out with him, don't threaten to go to the BBB - JUST GO. The BBB will take the case and if the dealer is listed with them they will try to resolve it using an arbitration process. If that does not get you the results you are looking for call your local TV station, and ask to speak to the consumer advocate reporter. I am sure if you have a legal signed sales order then it would make a pretty good story. And I really, really doubt the dealer wants that kind of press on the 6PM news.
Call the bluff.
Call the bluff.
From what he said, money also changed hands in this transactions, he gave them a deposit on this car. You might have a point about the VIN, but I still think he's got enough to go multiple places with this complaint to make it a bit uncomfortable for the dealer.
Also, sometimes just the threat of an attorney will get things done. Don't threaten, though, if you aren't willing to go through with it.
Also, sometimes just the threat of an attorney will get things done. Don't threaten, though, if you aren't willing to go through with it.
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Joined: Sep 2002
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From: Cleveland
I would ask the dealer to honor the contract one more time. If he refuses tell him you have an attorney on staff on retainer and that you will persue this further. In addition, tell them you will be calling Nissan north america, along with the better business bureau, and on top of that you will go to the local tv station who has those investagative reporters who would like nothing better to show all the viewers in their area how you have been wronged. If they want to go through all this for to make $400 bucks they are nuts!!!
Registered User
Joined: Jun 2002
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From: Long Island, NY
One letter/call from your attorney should fix everything.
I suggest you speak with the general manager and inform him that if he breaches the contract, you will sue the dealership, report him to Nissan Corp., file a complaint with the Attorney General and BBB. Oh, and yes the contract is binding (barring a price increase by the manufacturer, etc.).
On a practical note, I would take delivery of the car and try to get a refund later. However, this could weaken your case. But I personally wouldn't risk loosing my Z over $400. That's just me.
But I wouldn't let the dealership get away with it easily, that's for sure.
I suggest you speak with the general manager and inform him that if he breaches the contract, you will sue the dealership, report him to Nissan Corp., file a complaint with the Attorney General and BBB. Oh, and yes the contract is binding (barring a price increase by the manufacturer, etc.).
On a practical note, I would take delivery of the car and try to get a refund later. However, this could weaken your case. But I personally wouldn't risk loosing my Z over $400. That's just me.
But I wouldn't let the dealership get away with it easily, that's for sure.
Registered User
Joined: Oct 2002
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From: Washington State
talk about price gouging. my LOCAL dealer wanted 5000.00 over MSRP to order a Z.. They also told me that no dealer in their right mind would ever sell a Z for MSRP... boy were they wrong.. I ordered an enthusiast model from nissan of fife in washington state for 29,535. includes shipping trunk and floor mats, aero package and splash guards. total MSRP was 29,535
i also tried to call down in oregon but they wanted 10000.00 for their preorders! and told me that further south they were going HIGHER.... It is rather insain the price gouging that is going on.. what is more insain is that people are PAYING!
i also tried to call down in oregon but they wanted 10000.00 for their preorders! and told me that further south they were going HIGHER.... It is rather insain the price gouging that is going on.. what is more insain is that people are PAYING!
New Member
Joined: Sep 2002
Posts: 701
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From: Seattle, WA
Hey, Alex100...
I checked with 4 dealerships in the Puget Sound area: Auburn, Fife, Puyallap, & Younker. They were all willing to sell at MSRP -- no haggling.
Lots of people have posted good exp with Fife. The list at Fife was too long, so I went with Auburn. Had my order number within a week, should be here late Dec.
Lots of people have posted good exp with Fife. The list at Fife was too long, so I went with Auburn. Had my order number within a week, should be here late Dec.
Registered User
Joined: Jul 2002
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From: Austin, TX
Get in touch with Nissan North America. I have been told by a number of dealers in Austin that they are very strick about the pricing on the 350Z and have taken very prompt action in cases where the cars were being sold for more than MSRP. They want these cars sold at MSRP.
Charter Member #88
Joined: Jun 2002
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From: Nashville,Tn
Having followed the price gouging threads many times in this website I will tell you Nissan NA cares about selling at MSRP but I was told and have read in so many words 'sorry,nothing we can do.' Nissan sells these cars to the dealer and the dealer can sell for what we will pay. It is not like a domestic car where Ford or Chevy owns the car till it is sold. $400 is about a lawer would charge to write a letter so I would look at the dealer pay the extra money and complain loudly to the BBB, Nissan, and the local media. Sombody will take up your cause because nobody likes dealerships. They are con artist with a hot comodity. Good luck and let us know how it turns out.
Ford or Chevy do not "own" a car until it is sold. Dealers own the car, but typically have them floorplanned, in other words, get loans from the factory finance arms (GMAC, FMC, or maybe even an outside entity like a bank) to cover part of the value of the car until it is sold or the dealer decides to pay it off for whatever reason.
Same for import dealers.
Same for import dealers.
Charter Member #88
Joined: Jun 2002
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From: Nashville,Tn
Originally posted by MannishBoy
Ford or Chevy do not "own" a car until it is sold. Dealers own the car, but typically have them floorplanned, in other words, get loans from the factory finance arms (GMAC, FMC, or maybe even an outside entity like a bank) to cover part of the value of the car until it is sold or the dealer decides to pay it off for whatever reason.
Same for import dealers.
Ford or Chevy do not "own" a car until it is sold. Dealers own the car, but typically have them floorplanned, in other words, get loans from the factory finance arms (GMAC, FMC, or maybe even an outside entity like a bank) to cover part of the value of the car until it is sold or the dealer decides to pay it off for whatever reason.
Same for import dealers.
Registered User
Joined: Oct 2002
Posts: 133
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From: TX
Don't know about you, but $400 over msrp sounds like a bargain compared to this newspaper advertisement I found on Houston Chronicle...
http://www2.chroniclecars.com/vehicl...name=Zip2%20ID
@ $44,995
this thing better come with every possible option plus every possible aftermarket goodies out there, other wise they were smoking something when posting this ad
350Z-holic
Joined: Aug 2002
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From: SoCal
I would NOT buy the car if it were $1 over what my signed agreement states. (But does it say when?) If the dealer refused to sell the car, I'd request my $1000 deposit be returned immediately. If they said "no," that's when I'd have my lawyer give them a call.
350Z-holic
Joined: Aug 2002
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From: SoCal
Oh and if they say they have someone willing to pay $6000 over MSRP, they wouldn't bother telling you about it, they'd just arrange it behind your back. It seems like they're just trying to pressure you to sqeeze out the extra $400.
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From: woodinville, washington
Re: Hey, Alex100...
Originally posted by Rahtok
I checked with 4 dealerships in the Puget Sound area: Auburn, Fife, Puyallap, & Younker. They were all willing to sell at MSRP -- no haggling.
I checked with 4 dealerships in the Puget Sound area: Auburn, Fife, Puyallap, & Younker. They were all willing to sell at MSRP -- no haggling.