Here's a question for BBI lawyers or busy-bodies:
I bought a certified pre-owned Nissan, very low miles, full extended warranty + optional rider. I brought it in for its first servicing last week and mentioned that the air conditioning didn't seem to be working properly.
I was told by the service manager that the reason the air wasn't working was because it had been in a prior accident, and I should have known that, and when it was fixed, they forgot to charge the system.
This flew up red flags. First, this was certified and I had the certified checklist that showed the environmental system had passed, and second, after digging around and doing research, Nissan is supposed to offer a CarFax report with all certified vehicles. I never got one.
So I called up the dealer and mentioned this and they spent about a week chewing this over. They said yes, it was in an accident, they absolutely should have given me a CarFax, however, the accident happened just before they took control of the vehicle from the prior owner (lease) and it wouldn't have displayed on the CarFax anyway.
Long story short, they offered to replace the vehicle. I'm going in to talk to them today. I'm assuming it would be for a vehicle with an approximately even value.
What should I know going into this, should I accept their good faith offer or should I contact an attorney? From what I read, the best I could do is getting back the money I shelled out for the car. I do like the car but I'm covering my ass on this one. Who knows if there's frame damage.
The dealer claims they didn't know about the accident. I'm sure that's BS, but either way, I don't think it affected the selling price. It was priced in accordance with similar vehicles of the same year & mileage.
A case yes, but other than a satisfactory replacement vehicle (one worth more, clean CarFax,etc.) with all costs taken care of what more are you going to realistically expect as an award? That has to be offset by the cost of hiring an attorney.
Since then, we always get a Carfax. They're not 100% foolproof, but they can weed out a lot of suspect cars.
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POS asses. You have a case.
A case yes, but other than a satisfactory replacement vehicle (one worth more, clean CarFax,etc.) with all costs taken care of what more are you going to realistically expect as an award? That has to be offset by the cost of hiring an attorney.
I suffered no damages, therefore all I'm going to get back is the value paid on the car, plus any incurred fees, whatever.
This is why I'm open to talking with them. If they didn't offer to replace the vehicle, I would have went straight to an attorney. Not being one myself, I don't know what else I could get, other than what I outlined.
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In comment 13918854 rebel yell said:
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POS asses. You have a case.
A case yes, but other than a satisfactory replacement vehicle (one worth more, clean CarFax,etc.) with all costs taken care of what more are you going to realistically expect as an award? That has to be offset by the cost of hiring an attorney.
I suffered no damages, therefore all I'm going to get back is the value paid on the car, plus any incurred fees, whatever.
This is why I'm open to talking with them. If they didn't offer to replace the vehicle, I would have went straight to an attorney. Not being one myself, I don't know what else I could get, other than what I outlined.
Check the warranty, any legal disclosures for Certified Pre-Owned, etc. That may give you some indication as to their potential exposure without paying for an attorney. Personally I would never use them again, but that is just me.
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In comment 13918854 rebel yell said:
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POS asses. You have a case.
A case yes, but other than a satisfactory replacement vehicle (one worth more, clean CarFax,etc.) with all costs taken care of what more are you going to realistically expect as an award? That has to be offset by the cost of hiring an attorney.
I suffered no damages, therefore all I'm going to get back is the value paid on the car, plus any incurred fees, whatever.
This is why I'm open to talking with them. If they didn't offer to replace the vehicle, I would have went straight to an attorney. Not being one myself, I don't know what else I could get, other than what I outlined.
Don't forget to let the attorney general know about this. Also, maybe an enterprising attorney would decide that it is worth his time to seek out other customers who have been defrauded by this dealer. Then, you can join a class action.
Breaking the law should carry it's own penalty beyond Nissan having to offer you a mulligan.
Went to a very reputable dealer... spoke to the salesperson and the sales manager.. turns out there is a lot of fraud in the certification.. they named a couple of dealers who lost their ability to "certify" by Honda when they got caught on spot checks by corporate... With Honda (and I would assume all manufacturers) they have the right to do unannounced checks on any CPO vehicle at any time on your lot... Its a BIG deal.
point of this... do some research on what I said and maybe you have an Ace up your sleeve in negotiations by saying you'll contact corporate Nissan directly..
just a thought.
https://www.avvo.com/legal-guides/ugc/in-a-nutshell-the-new-jersey-consumer-fraud-act
Highlights are treble damages (here cost of your car) plus them paying for attorney fees. Sounds like you hit both misrepresention and omission. Don’t accept new car before bringing this up to dealer if you are in NJ. Not to be litigious but if you don’t call them out on it they will just do it again.
I would handle the situation in two steps (mentally and in actuality):
1. Void the existing transaction. Return the vehicle and transfer title back to the dealer in exchange for them returning the full purchase price (+ costs)
2. I would then start fresh shopping for another vehicle.
I understand it is a hassle to start fresh, but there is a reason behind my recommendation. It is the same reason I never use a trade-in when buying a car. If you "mix" the acquisition of another vehicle with the return of the defective vehicle, it is too easy for them to control what you are receiving (i.e. they look as though they are being nice by allowing you to "exchange" the car, but meanwhile they are really "charging" you for the exchange by giving you a worse deal on the replacement vehicle than they would normally). The same thing happens when trying to negotiate a price on a new car while simultaneously trading in an existing car - the dealer can play with the prices of both transactions to impact the total deal.
I wouldn't worry about suing at this point - not if they agreed to void the existing transaction. I'd even agree to give them a credit on the refund for your use of the vehicle (maybe .50 cents a mile) - but I would be sure to treat the voiding of the existing purchase - and acquisition of a replacement vehicle - as two separate transactions. And I definitely would not buy a replacement car from the same dealer until: (1) the refund funds were deposited and cleared in my bank account; and (2) I first visited a few other dealers and got prices for cars I was interested in, and then I'd go back to this dealer in "good faith" and see what he/she was willing to offer by way of another vehicle.
If they are willing to do all that - then I wouldn't worry about a lawsuit (after all, litigation is a real hassle and if they do right by you, you're better off proceeding as I've outlined and avoiding a two year litigation battle).
The dealership offered to pay off the vehicle, plus refund my downpayment (nothing was said about the payments I have been making, in addition to tax, title, registration, etc.). Malarkey.
I obtained a copy of the CarFax report and I'm pretty sure fraud can be proven, as Nissan handled the repair of the vehicle. It was a front-end collision with airbag deployment, which leaves me worried as hell about the frame (and the airbag).
Damages would be the devaluation of the vehicle x 3 (I'm guessing somewhere in the $10,000 range), plus attorney fees, to start.