Sued by the Nissan dealer
01-22-2005, 06:34 PM
#1
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Join Date: Nov 2004
Location: Upland CA
Posts: 7,353
Sued by the Nissan dealer
Listen to this everyone. When I bought my maxima, the dealer wrote the contract and promised to re-write it at a lower finance rate after they did more checking around. They ended up rewriting it at a slightly lower rate but nothing like they promised. I reviewed the re-written contract about 10 days after the initial contract. I didnt like some of the terms so I told them I would be back. I traded in my 04 Spec V on the deal too. When they wrote intial contract, they estimated my payoff on teh Spec. Well since then, they had ample time to get the actual amount, well before they did the re write. I tried to get a hold of them to see if they wanted me to aign the second contract or not, but they would notreturn my calls. I had to actually threaten to sue them for rescission in order to get them to even call me back. When they did, they said they would use the first contract, which contained the inaccurate estimate of the payoff on my Spec, instead of re- writing the contract. Several weeks later I get a letter from them telling me I owe 242 bucks. I called them back and indicated I didnt owe it because they knew what the payoff was because they had 3-4 weeks to find out (you can find out in 5 min during business hours). They threatened to sue me. I threatened to sue them again. Well I got served papers from them in small claims court suing me for the $242. Of course I will counterclaim for failing to return items i left in my Spec V. I even demanded they return the items. Anyone had any problems with their dealers? Anyone know of remedies through Nissan corporate, because this dealer is horrible.
No one should ever buy a car from Superior Nissan of City of Industry, California
No one should ever buy a car from Superior Nissan of City of Industry, California
01-22-2005, 07:15 PM
#2
Senior Member
Join Date: Dec 2004
Posts: 136
Oh yes! I had serious problems with my dealer. Funny... Similar to your story minus the suing part.
I traded my Jeep in that was seriously modified. I initially went to the dealer just to "look" at the new Maxima. Well one thing lead to another and we're talking numbers. The dealer wanted to close the deal quickly I guess. They gave be a butt low trade in value on the Jeep, and said that if the Jeep were stock they would give me much more. I said ok, give me three days and I'll bring it back to stock. Like I said, they wanted to close the deal that night. So the dealer counters with bring us all the stock springs, tires, shocks, bumper, etc and they would give me more on trade in, and I requested they return all my aftermarket stuff to me -- at that they would do all the work. I should have gotten this in writing just because it sounded to good to be true. So one thing leads to another and in the same night I gather all the stock parts and head back up to the dealer - mind you the wife was still there waiting at the dealership. Guess they were afraid I would think about it and walk. When we were talking I asked when I could expect my aftermarket stuff... answer, "well we have to coordinate with the service department". Ok, so the deal is closed and I'm now driving the Max. A few days later I told my wife I was concerned and said if I didn't remove the stuff myself that I wasn't going to get any of it back. So one early morning I went up to the dealer while they were closed. In hand I had the Jeep registration, Insurance, and driver license just incase Johnny Cop showed up. I get there and remove the license plate first, and swap the tires and wheels, bumpers, and a few other things. I get a call later that morning saying that I had pretty much stolen my own parts. I couldn't believe this... Something that they had taken the Jeep as is, and that I needed to return all the stuff, at that point I knew they were up to no good. I told them I had already sold all the stuff and there was no way I was getting back the parts. I furthermore mention on several occasions that the dealer knew that I wanted everything back. My last words to the salesman was, "it is really important that I get this stuff back, do you understand this?" Dealer replied, "yes I understand". So when I got the phone call I told him that he understood where I was coming from, and why was I getting this phone call. It was obvious he had negotiated a deal that fell apart on him and I was the recipient of it. I then asked when I was going to get the remainder of my stuff since the had the factory parts to replace it with. Many calls later I still don't have my shocks and springs... Value New $650. So this past Monday I get a call from the dealer saying my Jeep had been taken to auction! Well I could have gotten all bent outta shape about it, but it would have solved nothing... I politely said thanks, and have a nice day. Honestly as much as I wanted the stuff back I felt I didn't have a leg to stand on since I didn't get it in writing. So dealers lie - fact of life I suppose and a valuable lesson learned. I will never ever recommend anyone to this dealer, and I will never do business with them again. Vent off...
I won't state the dealers name just because... Anyway I hope all works out for you - frustrating I'm sure. I also ask, did you get any of this in writing? If not possibly accept a loss.
I traded my Jeep in that was seriously modified. I initially went to the dealer just to "look" at the new Maxima. Well one thing lead to another and we're talking numbers. The dealer wanted to close the deal quickly I guess. They gave be a butt low trade in value on the Jeep, and said that if the Jeep were stock they would give me much more. I said ok, give me three days and I'll bring it back to stock. Like I said, they wanted to close the deal that night. So the dealer counters with bring us all the stock springs, tires, shocks, bumper, etc and they would give me more on trade in, and I requested they return all my aftermarket stuff to me -- at that they would do all the work. I should have gotten this in writing just because it sounded to good to be true. So one thing leads to another and in the same night I gather all the stock parts and head back up to the dealer - mind you the wife was still there waiting at the dealership. Guess they were afraid I would think about it and walk. When we were talking I asked when I could expect my aftermarket stuff... answer, "well we have to coordinate with the service department". Ok, so the deal is closed and I'm now driving the Max. A few days later I told my wife I was concerned and said if I didn't remove the stuff myself that I wasn't going to get any of it back. So one early morning I went up to the dealer while they were closed. In hand I had the Jeep registration, Insurance, and driver license just incase Johnny Cop showed up. I get there and remove the license plate first, and swap the tires and wheels, bumpers, and a few other things. I get a call later that morning saying that I had pretty much stolen my own parts. I couldn't believe this... Something that they had taken the Jeep as is, and that I needed to return all the stuff, at that point I knew they were up to no good. I told them I had already sold all the stuff and there was no way I was getting back the parts. I furthermore mention on several occasions that the dealer knew that I wanted everything back. My last words to the salesman was, "it is really important that I get this stuff back, do you understand this?" Dealer replied, "yes I understand". So when I got the phone call I told him that he understood where I was coming from, and why was I getting this phone call. It was obvious he had negotiated a deal that fell apart on him and I was the recipient of it. I then asked when I was going to get the remainder of my stuff since the had the factory parts to replace it with. Many calls later I still don't have my shocks and springs... Value New $650. So this past Monday I get a call from the dealer saying my Jeep had been taken to auction! Well I could have gotten all bent outta shape about it, but it would have solved nothing... I politely said thanks, and have a nice day. Honestly as much as I wanted the stuff back I felt I didn't have a leg to stand on since I didn't get it in writing. So dealers lie - fact of life I suppose and a valuable lesson learned. I will never ever recommend anyone to this dealer, and I will never do business with them again. Vent off...
I won't state the dealers name just because... Anyway I hope all works out for you - frustrating I'm sure. I also ask, did you get any of this in writing? If not possibly accept a loss.
01-22-2005, 08:38 PM
#4
Senior Member
Join Date: Dec 2004
Posts: 136
Originally Posted by DeusExMaxima
You should state the name of the dealer so other people wont suffer financial damages. By the way, I am a lawyer. They f**ked with the wrong person.
As for the dealer? Just find the closest dealer to Jessup, Maryland.
01-23-2005, 07:08 AM
#6
Supporting Maxima.org Member
Thread Starter
iTrader: (1)
Join Date: Nov 2004
Location: Upland CA
Posts: 7,353
Yes that is the theory. In practice, contracts contain some ambiguities and provisions are subject to interpretation with respect to applying facts at hand. In cases of ambiguity, a court will apply the "reasonableness" test. What is reasonable under the circumstances. For example, lets say that you have a signed contract offering to buy a car for $30,000 with all terms of purchase present. DO you have a legitimate contract. Well, the contract itself may be valid, but perhaps the execution of it was invalid. Let me add some facts. You have a single mother who is trading in a car on its last legs that had to be towed to the dealer. She has no education, dropped out of school in 8th grade and somehow procured $30,000 through inheritance. Its 11:00pm at night and the dealer is promising that they will do all sorts of things for her and that its time to go home and if she doesnt sign the contract now, she wont get the car, and she will have to tow the dead car back to her apartment. She signs the contract and fails to uinderstand some of the complicated financing. Is that contract vaild now? There is a good argument that the contract was entered into by fraud in teh inducment and execution. Dealer knowingly took advantage of a situation to get her to sing a contract. The question will boil down to proof. This somewhat extreme example demonstrates other ways you can have what appears to be a valid contract on its face, yet may be invalid. Nothing in the law is a slam dunk. There are almost laways some gray areas of the law and thus thats why we have lawsuits and judges and all that.
01-23-2005, 09:18 AM
#7
Senior Member
Join Date: Dec 2004
Posts: 136
Geesh, this sounds so familiar. When my wife and I were at the dealer they tried everything to keep us there... My wife had a sinus infection and a crying baby, which neither of us could calm down. They knew we wanted to leave ASAP because neither my wife nor my daughter were feeling well. I suppose they were offering to world verbally to rush the sale. Well it appeared that way atleast. Needless to say the wife and I were doing everything to just get out of the dealership, but couldn't. I do feel we were taken advantage of in the name of purchasing a car. If they would just given me the 3 days all would have been fine. Either way they would have sold a car. I didn't see what the rush was in this instance, but you know how dealers work. So in the end I get shafted... The sad part is something inside me knew this, and I didn't stop it. I was getting excited about the car and not thinking about what I was losing. Well I lost alright. All in all I lost about USD 1500 in used aftermarket parts -- new those parts cost over USD 3000. The kicker is I had a buyer lined up for it all. The cash would have been nice to pay off the second car. Now I'm still stuck with a second car payment until next month, and important part is I lost all respect for this dealership and it's salesmen.
RIP
RIP
01-23-2005, 07:08 PM
#8
aka The Doom Ship
Join Date: May 2004
Location: DFW, TX
Posts: 1,788
I've pasted my experience. As of now I have not been served with any papers.
5/7/04 I went to purchase an 04 Nissan Maxima and trade in a 03 Nissan Maxima. I agreed to put $4000 down in the form of 3 checks, 1 for $2000 and 2 for $1000 each. I wrote all 3 checks and gave them to my finance person. The contract was drawn up and I agreed to the terms and signed. While I was waiting for delivery of the new car(I waited 7 days) the dealership cashed my first check for $2000. At this point they had both my trade and my downpayment but I did not have my new car. Finally I take delivery of my new car and was happy. They agree to hold my remaining checks and cash them on a date we agreed to. Weeks pass and I notice the 2 checks have no been deposited so I call the dealership asking to speak with the accounting department. They confirmed that the checks were not deposited and agreed to deposit them on a set date. The checks were never deposited. On 6/7/04 I get a call from the dealership asking me to call them. I call them and Sean(Finance Director) tells me the checks have been misplaced or lost and wants me to put a stop payment on the checks and come in the same night to rewrite the 2 checks. Knowing a stop payment takes 24 hours to take affect I decline to rewrite those checks the same night. The next day 6/8/04 I put a stop payment on the 2 checks. I call Sean to let him know that I have put stop payment on the checks. He then insists that I come in by COB that day(6/8) and rewrite the checks. He then threatens that if I don't come in by COB 6/8 that he would put a 2nd lein on the car and have the car towed. I refused to rewrite the checks until the stop payment has taken affect and insisted that I have in writing what happed to my checks. I also requested a copy of my contract that I never recieved, he stated not until I come in and rewrite the checks. By 6/9/04 he tells me he will make sure my car is impounded, the process has begun to file a law suit against me, and also accused me of damaging my trade after the deal was signed which will be included in the law suit.
5/7/04 I went to purchase an 04 Nissan Maxima and trade in a 03 Nissan Maxima. I agreed to put $4000 down in the form of 3 checks, 1 for $2000 and 2 for $1000 each. I wrote all 3 checks and gave them to my finance person. The contract was drawn up and I agreed to the terms and signed. While I was waiting for delivery of the new car(I waited 7 days) the dealership cashed my first check for $2000. At this point they had both my trade and my downpayment but I did not have my new car. Finally I take delivery of my new car and was happy. They agree to hold my remaining checks and cash them on a date we agreed to. Weeks pass and I notice the 2 checks have no been deposited so I call the dealership asking to speak with the accounting department. They confirmed that the checks were not deposited and agreed to deposit them on a set date. The checks were never deposited. On 6/7/04 I get a call from the dealership asking me to call them. I call them and Sean(Finance Director) tells me the checks have been misplaced or lost and wants me to put a stop payment on the checks and come in the same night to rewrite the 2 checks. Knowing a stop payment takes 24 hours to take affect I decline to rewrite those checks the same night. The next day 6/8/04 I put a stop payment on the 2 checks. I call Sean to let him know that I have put stop payment on the checks. He then insists that I come in by COB that day(6/8) and rewrite the checks. He then threatens that if I don't come in by COB 6/8 that he would put a 2nd lein on the car and have the car towed. I refused to rewrite the checks until the stop payment has taken affect and insisted that I have in writing what happed to my checks. I also requested a copy of my contract that I never recieved, he stated not until I come in and rewrite the checks. By 6/9/04 he tells me he will make sure my car is impounded, the process has begun to file a law suit against me, and also accused me of damaging my trade after the deal was signed which will be included in the law suit.
02-02-2005, 11:18 AM
#11
Senior Member
Join Date: Jan 2005
Posts: 289
Put it in writing
Originally Posted by Maxium
Oh yes! I had serious problems with my dealer. Funny... Similar to your story minus the suing part.
I traded my Jeep in that was seriously modified. I initially went to the dealer just to "look" at the new Maxima. Well one thing lead to another and we're talking numbers. The dealer wanted to close the deal quickly I guess. They gave be a butt low trade in value on the Jeep, and said that if the Jeep were stock they would give me much more. I said ok, give me three days and I'll bring it back to stock. Like I said, they wanted to close the deal that night. So the dealer counters with bring us all the stock springs, tires, shocks, bumper, etc and they would give me more on trade in, and I requested they return all my aftermarket stuff to me -- at that they would do all the work. I should have gotten this in writing just because it sounded to good to be true. So one thing leads to another and in the same night I gather all the stock parts and head back up to the dealer - mind you the wife was still there waiting at the dealership. Guess they were afraid I would think about it and walk. When we were talking I asked when I could expect my aftermarket stuff... answer, "well we have to coordinate with the service department". Ok, so the deal is closed and I'm now driving the Max. A few days later I told my wife I was concerned and said if I didn't remove the stuff myself that I wasn't going to get any of it back. So one early morning I went up to the dealer while they were closed. In hand I had the Jeep registration, Insurance, and driver license just incase Johnny Cop showed up. I get there and remove the license plate first, and swap the tires and wheels, bumpers, and a few other things. I get a call later that morning saying that I had pretty much stolen my own parts. I couldn't believe this... Something that they had taken the Jeep as is, and that I needed to return all the stuff, at that point I knew they were up to no good. I told them I had already sold all the stuff and there was no way I was getting back the parts. I furthermore mention on several occasions that the dealer knew that I wanted everything back. My last words to the salesman was, "it is really important that I get this stuff back, do you understand this?" Dealer replied, "yes I understand". So when I got the phone call I told him that he understood where I was coming from, and why was I getting this phone call. It was obvious he had negotiated a deal that fell apart on him and I was the recipient of it. I then asked when I was going to get the remainder of my stuff since the had the factory parts to replace it with. Many calls later I still don't have my shocks and springs... Value New $650. So this past Monday I get a call from the dealer saying my Jeep had been taken to auction! Well I could have gotten all bent outta shape about it, but it would have solved nothing... I politely said thanks, and have a nice day. Honestly as much as I wanted the stuff back I felt I didn't have a leg to stand on since I didn't get it in writing. So dealers lie - fact of life I suppose and a valuable lesson learned. I will never ever recommend anyone to this dealer, and I will never do business with them again. Vent off...
I won't state the dealers name just because... Anyway I hope all works out for you - frustrating I'm sure. I also ask, did you get any of this in writing? If not possibly accept a loss.
I traded my Jeep in that was seriously modified. I initially went to the dealer just to "look" at the new Maxima. Well one thing lead to another and we're talking numbers. The dealer wanted to close the deal quickly I guess. They gave be a butt low trade in value on the Jeep, and said that if the Jeep were stock they would give me much more. I said ok, give me three days and I'll bring it back to stock. Like I said, they wanted to close the deal that night. So the dealer counters with bring us all the stock springs, tires, shocks, bumper, etc and they would give me more on trade in, and I requested they return all my aftermarket stuff to me -- at that they would do all the work. I should have gotten this in writing just because it sounded to good to be true. So one thing leads to another and in the same night I gather all the stock parts and head back up to the dealer - mind you the wife was still there waiting at the dealership. Guess they were afraid I would think about it and walk. When we were talking I asked when I could expect my aftermarket stuff... answer, "well we have to coordinate with the service department". Ok, so the deal is closed and I'm now driving the Max. A few days later I told my wife I was concerned and said if I didn't remove the stuff myself that I wasn't going to get any of it back. So one early morning I went up to the dealer while they were closed. In hand I had the Jeep registration, Insurance, and driver license just incase Johnny Cop showed up. I get there and remove the license plate first, and swap the tires and wheels, bumpers, and a few other things. I get a call later that morning saying that I had pretty much stolen my own parts. I couldn't believe this... Something that they had taken the Jeep as is, and that I needed to return all the stuff, at that point I knew they were up to no good. I told them I had already sold all the stuff and there was no way I was getting back the parts. I furthermore mention on several occasions that the dealer knew that I wanted everything back. My last words to the salesman was, "it is really important that I get this stuff back, do you understand this?" Dealer replied, "yes I understand". So when I got the phone call I told him that he understood where I was coming from, and why was I getting this phone call. It was obvious he had negotiated a deal that fell apart on him and I was the recipient of it. I then asked when I was going to get the remainder of my stuff since the had the factory parts to replace it with. Many calls later I still don't have my shocks and springs... Value New $650. So this past Monday I get a call from the dealer saying my Jeep had been taken to auction! Well I could have gotten all bent outta shape about it, but it would have solved nothing... I politely said thanks, and have a nice day. Honestly as much as I wanted the stuff back I felt I didn't have a leg to stand on since I didn't get it in writing. So dealers lie - fact of life I suppose and a valuable lesson learned. I will never ever recommend anyone to this dealer, and I will never do business with them again. Vent off...
I won't state the dealers name just because... Anyway I hope all works out for you - frustrating I'm sure. I also ask, did you get any of this in writing? If not possibly accept a loss.
Ideally, you can get the dealership to sign off on this memorandum BEFORE any money or property is exchanged (be sure to retain a copy of your signed document. It's best to have the dealership date-stamp your original and then give you a copy of their date-stamped document so that you have proof of when they received the information). If not, you could also draft up something that says that _____ (list various points) is your understanding of the transaction about which we spoke on __________ (include time of conversation and all person(s) involved. Submit this to the dealership with a closing paragraph stating that if this is not the dealership's understanding that they should please let you know within 5 business days or so. The key is to assert, in writing, your understanding of the pending transaction and leave it to the dealership to respond. This action should minimize misunderstandings so that everyone knows exactly what the transaction entails BEFORE money or property is exchanged.
Talk is cheap and dealers will say about anything. An honorable dealer would want to take the time and provide whatever information is necessary to you in writing or at least in some notes so that you are comfortable.
01-18-2007, 11:55 AM
#12
I worked in sales for a Nissan Stealer/Dealer in Charleston SC. I can tell you from experience you are Taught to lie to the customer from the get go. This is NOT an exaggeration!! I only worked there 2 weeks (sold 7 cars too and when I quit they could not imagine why, as I could "sell cars" (their words, not mine)) and could not stand it! So when a car salesmans mouth is moving....YES he is telling lies!! NEVER TRUST A CAR SALESMAN, even when they say they will "take care of you" if you have a problem they will run your *** right around to the service dept. and don't give s $hit about you as they have been paid for that deal and are looking for another fish! I learned all this from first hand experience, not just "a friend told me type crap" Learn to *uck the dealer, and there are ways to do this, I just don't have the time to go into it right now, but trust me (an org member) that you can, if you know how, get over on the stealer!!!!
L8r
2Maximas
PS this guy is right! ALWAYS get it in writing!!! NEVER ***-U-ME that he will honor his commitments, cause the word honor and car saleman can not even fit into the dame sentence, unless it's a PRISON sentence !!
L8r
2Maximas
PS this guy is right! ALWAYS get it in writing!!! NEVER ***-U-ME that he will honor his commitments, cause the word honor and car saleman can not even fit into the dame sentence, unless it's a PRISON sentence !!
01-18-2007, 04:29 PM
#13
No offense Deus, but I dislike lawyers, car dealers, tax collectors...
Car dealers are the worst, if the salesman doesn't get you to sign on the line, over comes the "closer" who job is to twist your arm until you cave. It is always best to have someone with you when you look at cars because they can be objective.
Car dealers are the worst, if the salesman doesn't get you to sign on the line, over comes the "closer" who job is to twist your arm until you cave. It is always best to have someone with you when you look at cars because they can be objective.
01-18-2007, 09:57 PM
#14
Originally Posted by DeusExMaxima
Yes that is the theory. In practice, contracts contain some ambiguities and provisions are subject to interpretation with respect to applying facts at hand. In cases of ambiguity, a court will apply the "reasonableness" test. What is reasonable under the circumstances. For example, lets say that you have a signed contract offering to buy a car for $30,000 with all terms of purchase present. DO you have a legitimate contract. Well, the contract itself may be valid, but perhaps the execution of it was invalid. Let me add some facts. You have a single mother who is trading in a car on its last legs that had to be towed to the dealer. She has no education, dropped out of school in 8th grade and somehow procured $30,000 through inheritance. Its 11:00pm at night and the dealer is promising that they will do all sorts of things for her and that its time to go home and if she doesnt sign the contract now, she wont get the car, and she will have to tow the dead car back to her apartment. She signs the contract and fails to uinderstand some of the complicated financing. Is that contract vaild now? There is a good argument that the contract was entered into by fraud in teh inducment and execution. Dealer knowingly took advantage of a situation to get her to sing a contract. The question will boil down to proof. This somewhat extreme example demonstrates other ways you can have what appears to be a valid contract on its face, yet may be invalid. Nothing in the law is a slam dunk. There are almost laways some gray areas of the law and thus thats why we have lawsuits and judges and all that.
1L here; I hope it all works out. 
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