Some Serious Issues with a Dealership
01-08-2008, 09:31 PM
#1
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Some Serious Issues with a Dealership
For now, I will not post the dealerships name.
On New Years Day, we bought a 2008 350Z. We contacted many dealers and saw many 350Z. As we went to one dealer, we saw a 350Z we liked, which was what we believed a 350Z Enthusiasts model as the sticker indicated. We start negotiation for the car and after 5 hours of going back and fourth we agreed on a price for a 350Z Enthu model.
We specifically said we are not interested in the Base model as it lacks LSD, cruise control, etc. So after we agreed for the price, we noticed some scratches on the car and a dent on the car. The salesman told us that they will buff out the scratches and dent when i bring the car in the next day to swap out the rims (car had ADR rims and didnt want to pay extra for it). It was getting late, around 8PM and the salesman said he will do an overview of the car the following day as well to show how traction control works, use the radio, and so on.
As we drove it home, the car didnt feel an enthu model car. The buttons on the steering wheel was missing, no traction control. We were like
. So we bring in the car next day, and the internet salesman along with his manager is missing. The dealership said they can only swap out the rims but the rest of the damages they will take care the following week. I called the salesman the same day and he assured me that the car was an enthu model as he said thats what the "sticker" on the car indicated.
The following Monday, we had confirmed that the car was a base model. The window sticker of the car stated that the car was an Enthusiast model. We finally got hold of the manager and he basically said theres nothing he can really do and yes they made a mistake on their part by giving us a base model instead of an Enthusiast model. We are speaking with the general manager tommorow and see how that goes, but if car isnt switched to Enthusaist model or refunded back, we will see where it goes from there.
All in all, I am fairly pissed. I just took delivery of my BMW 335 2months ago which was great experience and worked well with the internet sales.
We were negotiating off the Enthusiasts invoice to begin with.
On New Years Day, we bought a 2008 350Z. We contacted many dealers and saw many 350Z. As we went to one dealer, we saw a 350Z we liked, which was what we believed a 350Z Enthusiasts model as the sticker indicated. We start negotiation for the car and after 5 hours of going back and fourth we agreed on a price for a 350Z Enthu model.
We specifically said we are not interested in the Base model as it lacks LSD, cruise control, etc. So after we agreed for the price, we noticed some scratches on the car and a dent on the car. The salesman told us that they will buff out the scratches and dent when i bring the car in the next day to swap out the rims (car had ADR rims and didnt want to pay extra for it). It was getting late, around 8PM and the salesman said he will do an overview of the car the following day as well to show how traction control works, use the radio, and so on.
As we drove it home, the car didnt feel an enthu model car. The buttons on the steering wheel was missing, no traction control. We were like
. So we bring in the car next day, and the internet salesman along with his manager is missing. The dealership said they can only swap out the rims but the rest of the damages they will take care the following week. I called the salesman the same day and he assured me that the car was an enthu model as he said thats what the "sticker" on the car indicated. The following Monday, we had confirmed that the car was a base model. The window sticker of the car stated that the car was an Enthusiast model. We finally got hold of the manager and he basically said theres nothing he can really do and yes they made a mistake on their part by giving us a base model instead of an Enthusiast model. We are speaking with the general manager tommorow and see how that goes, but if car isnt switched to Enthusaist model or refunded back, we will see where it goes from there.
All in all, I am fairly pissed. I just took delivery of my BMW 335 2months ago which was great experience and worked well with the internet sales.
We were negotiating off the Enthusiasts invoice to begin with.
Last edited by Adhesive; 01-08-2008 at 09:45 PM.
01-09-2008, 09:46 AM
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Not sure if the invoice (options list, etc.) posted with the car has the VIN.. If it matches your VIN and if it says Enthusiast the you could have a case for false advertisement (I'm not a lawyer.. 
)... Anyways, your oral agreement to buy the enthusiast should be sufficient....The dealer should just acknowledge their mistake and resolve this issue for you....
Which dealer is it???
)... Anyways, your oral agreement to buy the enthusiast should be sufficient....The dealer should just acknowledge their mistake and resolve this issue for you....Which dealer is it???
01-09-2008, 09:49 AM
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legally if you say "i want blue" and they give you red, your not screwed. you have the right to get your money back or the problem fixed.
hope you fix it easily and without getting a lawyer or any crap!
hope you fix it easily and without getting a lawyer or any crap!
01-09-2008, 09:53 AM
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if the sticker says "enthu" on it, then you can have a field day with them...
i'm also in SJ, can you pm me which dealer this was? i'm very interested to know if it's who i think it is....
i'm also in SJ, can you pm me which dealer this was? i'm very interested to know if it's who i think it is....
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01-09-2008, 10:04 AM
#11
I had something similar happen at a local Nissan dealership. Hell, I don't care if I say the name - it was Stevens Creek Nissan.
I bought a new 02' Maxima, also with horrible aftermarket wheels that they had to remove. The short of it is that the car was damaged on their lot, they did a horrible job fixing it (twice), and I demanded they take the car back. There were other issues like key fobs missing, etc., but I'll continue. This is how they get you: the day you say "yes" the the deal, the put the car in your name so that you can't return it. You signed the paper that waives your right to a cool-down period. Same for my situation, they insisted it was too late, as it was already titled in my name. If they took it back, it'd have to go on the lot as a "USED" car. It went all the way up to the GM, and he asked if there was ANY way I'd consider keeping the car. I said yes under two conditions:
1) They gave me the car at 3% under invoice . He said they would lose money on the deal. When I dropped the holdback term and said that EVERYONE in the deal should not make a penny, and that my offer was actually exactly what they paid for the car, he rescinded.
2) Free gas for a year for my hassle. He said they couldn't do that. I pointed out that they filled the car up with gas for me the first time as a courtesy, so could extend that courtesy to me for 12 more months. It wasn't that they couldn't , it was that they wouldn't .
Estimating that they made a total of about $1500 on the deal, I made the following comment when were at a stalemate, "if you make me keep this car, I promise you that I will stand outside your lot every weekend picketing simply to turn away potential business from here. If I turn away 2 customers, you lose more than simply taking my car back".
I left the keys and the car there that afternoon, and that was that. Out of sheer curiosity, I swung through a few weeks later to see if the car was being sold as a used car. It WAS NOT. It had the original sticker on it and the original asking price. What it did not have was the $2500 "dealer value added". They are so silly - they want you to negotiate between the dealer value added price and sticker instead of sticker and invoice.
Your situation is slightly different in that you, supposedly, signed for an enthusiast car which it was not. You negotiated based on a sticker price that was not realistic. Although you should have caught this by having done your homework and knowing to look for the right buttons in the car that "prove" the car is as they say it is, THEY need to take responsibility and take that car back OR renegotiate the price. I would have a field day with this deal, PM me if you want your "sister's husband" to come chat with them about it. You don't need the expense and hassle of a lawyer. If the paperwork is as you say it is, they are in the absolute wrong.
I bought a new 02' Maxima, also with horrible aftermarket wheels that they had to remove. The short of it is that the car was damaged on their lot, they did a horrible job fixing it (twice), and I demanded they take the car back. There were other issues like key fobs missing, etc., but I'll continue. This is how they get you: the day you say "yes" the the deal, the put the car in your name so that you can't return it. You signed the paper that waives your right to a cool-down period. Same for my situation, they insisted it was too late, as it was already titled in my name. If they took it back, it'd have to go on the lot as a "USED" car. It went all the way up to the GM, and he asked if there was ANY way I'd consider keeping the car. I said yes under two conditions:
1) They gave me the car at 3% under invoice . He said they would lose money on the deal. When I dropped the holdback term and said that EVERYONE in the deal should not make a penny, and that my offer was actually exactly what they paid for the car, he rescinded.
2) Free gas for a year for my hassle. He said they couldn't do that. I pointed out that they filled the car up with gas for me the first time as a courtesy, so could extend that courtesy to me for 12 more months. It wasn't that they couldn't , it was that they wouldn't .
Estimating that they made a total of about $1500 on the deal, I made the following comment when were at a stalemate, "if you make me keep this car, I promise you that I will stand outside your lot every weekend picketing simply to turn away potential business from here. If I turn away 2 customers, you lose more than simply taking my car back".
I left the keys and the car there that afternoon, and that was that. Out of sheer curiosity, I swung through a few weeks later to see if the car was being sold as a used car. It WAS NOT. It had the original sticker on it and the original asking price. What it did not have was the $2500 "dealer value added". They are so silly - they want you to negotiate between the dealer value added price and sticker instead of sticker and invoice.
Your situation is slightly different in that you, supposedly, signed for an enthusiast car which it was not. You negotiated based on a sticker price that was not realistic. Although you should have caught this by having done your homework and knowing to look for the right buttons in the car that "prove" the car is as they say it is, THEY need to take responsibility and take that car back OR renegotiate the price. I would have a field day with this deal, PM me if you want your "sister's husband" to come chat with them about it. You don't need the expense and hassle of a lawyer. If the paperwork is as you say it is, they are in the absolute wrong.
Last edited by scotts300; 01-09-2008 at 10:06 AM.
01-09-2008, 10:05 AM
#12
Originally Posted by Seeing Double
I believe by law you have a 3 day right to recision. Unless your 72 hours are up, legally you walk right back in and demand your money back.
01-09-2008, 09:09 PM
#17
If you have the sticker that says that it is an Enthusiast, and it is not, I would bet you have a good case to get a lawyer involved. That is false advertising. Also, as I am sure you have already started doing, write everything down.
Good luck,
Chris
Good luck,
Chris
01-09-2008, 09:19 PM
#18
Actually, I have a bit of experience in this arena. I sued Nissan a few years ago over my 05 base coupe being a complete lemon. I considered suing the dealership as well, but Nissan finally took care of me when my attorney got involved. Nobody was doing anything to take care of it for 18 months. it was in the shop for 54 days in the first year and had 2 engine swaps/rebuilds. When it continued to have problems, nobody wanted to give me a refund or swap my car for on of the non-citric variety. Anyway, here is what you need to do:
1. contact Nissan Consumer Affairs at:
Nissan Consumer Affairs
P.O. Box 685003
Franklin TN 37068-5003
(800) NISSAN-1 (or 800-647-7261)
8:00 a.m. - 5:00 p.m.,
Eastern / Central Time / Pacific Time
Monday through Friday
or through their website at:
http://www.nissanusa.com/apps/contactus
2. If they don't do anything at all about it (they should contact the stealership and make them take care of you), then call an attorney. I have a great attorney here in Arizona that got me a cash settlement within a few days. I don't know what other states he can practice law in, but if you want his contact info, send me a PM.
Anyway, here is what you need to do:1. contact Nissan Consumer Affairs at:
Nissan Consumer Affairs
P.O. Box 685003
Franklin TN 37068-5003
(800) NISSAN-1 (or 800-647-7261)
8:00 a.m. - 5:00 p.m.,
Eastern / Central Time / Pacific Time
Monday through Friday
or through their website at:
http://www.nissanusa.com/apps/contactus
2. If they don't do anything at all about it (they should contact the stealership and make them take care of you), then call an attorney. I have a great attorney here in Arizona that got me a cash settlement within a few days. I don't know what other states he can practice law in, but if you want his contact info, send me a PM.
01-09-2008, 09:22 PM
#20
Originally Posted by MrWatchDawg
i work at a law firm so if you need some advice PM me of course the laws for me are different than yours but i can give you some pointers
-MO
-MO