Dealer Misleanding / Fraud
#1
Dealer Misleanding / Fraud
I was going to pick up a Nissan and all I wanted was stick and AC, so I signed the contract for the Nissan under the impression that was what I was going to get. (needed an editional package for the AC for the 2006 Sentra), when I went to pick up the car, there was no AC and the sales person did not recall I ever mentioning that. Eventhough I made it really clear I wanted AC. Is there anyway for me to get out of the contract? I did not pick up the car yet, nor did I drive it or see the car since the car was from another dealership. I'm kinda stressed out right now because I don't want to be stuck with a car with no AC. Some people told me that as long as I don't drive the car out of the lot and sign the delivery papers I'm not obligated to anything eventhough I signed the previous contract but I'm not sure how true this is.
Thanks in advance,
Raymond
Thanks in advance,
Raymond
#4
Thanks for the responses.
Yeah, one the only few you can buy w/o AC, I did sign the paperwork, and I don't recall it ever specifically having the AC on it. Only thing I can be certain is I told the sales rep in the beginning that I wanted AC. They never gave me a copy of the paperwork either since I didn't pay them the full amount, all I gave them was 1k deposit which I already disputed. I'm just worried that contract is legally binding.
Yeah, one the only few you can buy w/o AC, I did sign the paperwork, and I don't recall it ever specifically having the AC on it. Only thing I can be certain is I told the sales rep in the beginning that I wanted AC. They never gave me a copy of the paperwork either since I didn't pay them the full amount, all I gave them was 1k deposit which I already disputed. I'm just worried that contract is legally binding.
#5
The sales lady starting getting really really pissy about it w/o really offering to help me. She spent most of her time just trying to prove that she is right. I spoke to the manager, he was a bit better at it, but he was refusing to budge he said he was going to speak with his General Manager and said he will get back to me by today. Man... I'm getting more pissed just thinking about it. I just have to find something legal to back out of the contract.
#8
Originally Posted by scubasteve
If they dont budge do NOT pick up the car. Get a lawyer to lean on them.
Prolly your best bet. Legally you are since if you signed the paperwork and it doesn’t say anything about AC. Now its yours, as is, and you have to pay up...or get a lawyer and have him make a bunch of scary legal letters to bury the dealership in FUD.
Typical Nissan.
#9
You haven't signed the "delivery papers" and by that I assume the lease agreement. If you have or haven't, you're still within the legal boundaries of taking your business somewhere else. Don't sign anything else until the matter is resolved and don't give in to their "you already signed" tactics.
#10
Originally Posted by 89blackse
Prolly your best bet. Legally you are since if you signed the paperwork and it doesn’t say anything about AC. Now its yours, as is, and you have to pay up...or get a lawyer and have him make a bunch of scary legal letters to bury the dealership in FUD.
Typical Nissan.
Typical Nissan.
#11
Originally Posted by NisMoN00B
Not necessarily screwed by the dealership. The matter of fact is THEY need HIS business, not the other way around. If worse comes to worse, a good lawyer does help.
Good dealerships understand your logic. I live in Kentucky, it's a bit different out here lol. I sure hope he can get this resolved though and get what he wants.
#14
Originally Posted by NisMoN00B
You haven't signed the "delivery papers" and by that I assume the lease agreement. If you have or haven't, you're still within the legal boundaries of taking your business somewhere else. Don't sign anything else until the matter is resolved and don't give in to their "you already signed" tactics.
#15
Did you do all the paperwork? When you say contract, do you mean the actual bank contract or just a buyer's order? If it was just a buyer's order, you can walk away and there is nothing the dealer can do about it. Even with a signed bank contract, if you don't take actual possession of the car, you can still walk away from the deal. It's sounds like they are trying to push you into a car you don't want. Tell them to go shove the car up their pooper. I hate dealerships.
#18
Hm.. they never gave me a copy of the contract, I'll have to ask. There's one contract that requires a lot of signatures. Man, I learned my lesson.. never trust the dealerships. I live in San Francisco but I work in Pleasanton. It's scortching hot over here. hah.... As it stands the car is still sitting in their lot.
Thanks.. I'll let you guys know what happens.
Thanks.. I'll let you guys know what happens.
#19
When you purchase a vehicle, it basically has the year, make, model, new or used, VIN#, salesperson's name, key#, price, tax, financing, and desc. of trade on the bill-of-sale. Then if you borrowed money, there's a retail installment contract if it's through the mfg. When you take delivery, you will sign some sort of certificate of sale. On this the dealership certifies the mileage. In your case, you wont reach this point because you wont take delivery of the vehicle.
Don't let the dealership bully you or scare you. Ask them to tear up the paperwork, and rewrite it with a vehicle that has the equip. you want. If they don't play ball, just go to the consumer affairs that handles autos. It's a little different if you ordered a Ferrari in a special color and there was a good chance there would be difficulty selling it to anyone else. But that would be a special order, and it sounds like there's nothing special about your order. Good luck.
Don't let the dealership bully you or scare you. Ask them to tear up the paperwork, and rewrite it with a vehicle that has the equip. you want. If they don't play ball, just go to the consumer affairs that handles autos. It's a little different if you ordered a Ferrari in a special color and there was a good chance there would be difficulty selling it to anyone else. But that would be a special order, and it sounds like there's nothing special about your order. Good luck.
#20
I dont think it was a special order cuz if i read it right they bussed it in from another dealer. Good chance they didnt have one with ac at the other dealer and said "owell he'll deal with it"
#21
just go in, sit down at the manager's desk no matter how busy he is and wait. when he stops everything to ask to help you (which he will) calmly explain that the only stipulations you had for this car was A/C and a stick, and that you paid your $1,000 (which is insanely high for a deposit btw, most places will hold a car or go searching over hell and creation for you dropping $100 deposit) on the good faith that when you came to get YOUR car, that the bare minimum of these two simple options would be on the car. (don't let him start talking yet) tell him that you were told that your car was ready to be picked up and when you arrived at the dealership you saw no such car(or say MY CAR). Calmly finish by telling him his salesperson became rude and beligerent when you tried explaining to them that it wasn't the car you had asked for OR agreed upon. (at this point you can let him say whatever the hell he wants, because you want to finish with:: I'd Like my car ready in a week, if you can't do this, then i want my deposit back and IF necessary, I'll have my attorney accompany me to pick up my check)
If manager doesn't bend over backwards he'll at least **** a brick. I had some *** agree to pay $195 for special order paint on this Envoy i got for him and when he walked in the door he told the manager he wasn't paying for it. %@$^# cut my commission in HALF (mind you commission was the ONLY pay i was getting at the place)
If manager doesn't bend over backwards he'll at least **** a brick. I had some *** agree to pay $195 for special order paint on this Envoy i got for him and when he walked in the door he told the manager he wasn't paying for it. %@$^# cut my commission in HALF (mind you commission was the ONLY pay i was getting at the place)
#23
I'm a sales consultant at a Nissan dealership myself and it is a fact that you do not own the car until you have driven it off the lot. Your deposit is going to be harder to get back, but my dealership will give back a deposit if the customer isn't happy. We're out to sell cars, not make money off stealing deposits.
As for the Sentra, may I ask what you paid for it before trade? I don't think Sentras are even made without A/C...
As for the Sentra, may I ask what you paid for it before trade? I don't think Sentras are even made without A/C...
#25
I would have paid a total of 13k out the door for a stick shift sentra that supposedly had AC. I was going to pay in cash with no trade in at all. The car really wasn't special, they took it from another dealership. That lady sales person, Kim @ Daland Nissan was a ***** too she turned from nice fake salesman to wicked witch of the west. She started giving my friends and I this attittude and spent alot of time trying to prove that she did nothing wrong instead of trying to help me out. Managers weren't that much better but at least they tried to help.
I went to the dealership yesterday and they totally backed out of the deal. They didn't even try to pressure me. They then tried to sell me another car (the one with AC and stick) but I was pretty fed up with the dealership already. So I took off. No apologies or nothing from Kim the salesrep.
Thanks again for all the replies and advice! It's very much appreicated!
Raymond
I went to the dealership yesterday and they totally backed out of the deal. They didn't even try to pressure me. They then tried to sell me another car (the one with AC and stick) but I was pretty fed up with the dealership already. So I took off. No apologies or nothing from Kim the salesrep.
Thanks again for all the replies and advice! It's very much appreicated!
Raymond
#26
Glad you were able to resolve the issue. For big purchases, there's usually a cooling off period on the contract. So, even if you did purchase the car, you'd still be able to return it within 10 days and get your money back. Legislation might vary by jurisdiction, but that's generally the deal.
#27
Thanks!!
Unfortuantely not in California, no cooling off period for cars or house purchases in California but most other states in the US has a cooling off period. I didn't even know about that until recently.. heh we're being screwed here in California.
Unfortuantely not in California, no cooling off period for cars or house purchases in California but most other states in the US has a cooling off period. I didn't even know about that until recently.. heh we're being screwed here in California.
#29
I hate to say this but you must be an idiot to buy a car without actually seen the car itself. Come on, common sense, that when you buy a car, you have to see it first before signing anything. Just like test driving it see if you like it, not the other way around
#30
Originally Posted by MacGarnicle
Glad you were able to resolve the issue. For big purchases, there's usually a cooling off period on the contract. So, even if you did purchase the car, you'd still be able to return it within 10 days and get your money back. Legislation might vary by jurisdiction, but that's generally the deal.
Never heard of any kind of trial period. With a purchase made in your home you have a 3 day right of refusal, you also have a 3 day right of refusal with a first mortage on a home. As far as I know that is it.
Lots of people get stuck thinking they have a few days to try and get out of a car and then find out they cannot take it back. THat is the norm, too many people have buyers remorse and start shopping around once they already buy there car. I wish we had a trial period, you just have to do your homework before you buy..
#31
The car wasn't actually on the lot. There was no car to see, no car to test drive. They simply did not have the car I wanted on the lot so they have to get it from another dealership. The dealer said I have to put down a deposit and sign the paper work before they were willing to get the car from the other dealership. It seemed fair enough. I figure how can they screw up my order. All I ever wanted was stick shift and AC. I guess I gave them too much confidence in dealerships, that was my biggest mistake.
#32
Originally Posted by laddy
Never heard of any kind of trial period. With a purchase made in your home you have a 3 day right of refusal, you also have a 3 day right of refusal with a first mortage on a home. As far as I know that is it.
Lots of people get stuck thinking they have a few days to try and get out of a car and then find out they cannot take it back. THat is the norm, too many people have buyers remorse and start shopping around once they already buy there car. I wish we had a trial period, you just have to do your homework before you buy..
Lots of people get stuck thinking they have a few days to try and get out of a car and then find out they cannot take it back. THat is the norm, too many people have buyers remorse and start shopping around once they already buy there car. I wish we had a trial period, you just have to do your homework before you buy..
#34
Yes... I went to the dealership on Monday and they totally backed out of the contract and told me that I was no longer obligated to buy the car (I'm pretty sure they can't force me to buy the car if I did not sign the delivery papers or drive it out of the lot). I ended up going to another dealership in Mountain View and bought my Sentra from there and got a much better deal and a lot less hassle. I am now a pround owner of a Sentra 1.8S (didn't want the SE-R because this car is my commuter car to work, I still drive the maxima on the weekends) Thanks for asking!
#36
Originally Posted by nosispower
..As for the Sentra, may I ask what you paid for it before trade? I don't think Sentras are even made without A/C...
#38
Yes. I'll definetly post a review on the dealer section (didn't even noticed that was one). Wow.. no radio either.. why would anyone want to buy a car that basic w/o AC or radio?? I can see why they wanted me to buy that since no one else would.
Thread
Thread Starter
Forum
Replies
Last Post