Return car to dealer during 72-hour previous damage policy?

[TimDF]

I purchased a used 2011 Nissan Versa S and took possession at 5:30pm on 12/31 at Route46Nissan in Totowa, NJ with around 39,500 miles. The dealership charged me $15,400 for the car and $23,000 after taxes, fees and interest (4.99% apr, 6 years). When I asked for the MSRP of the car three separate times I was denied the information. The salesman stated, if he told me he would be lying.

The used car is certified pre-owned and is under factory warranty until 60,000 miles and comes with an additional 60-day 2,000 mile warranty, whatever the use of this is.

However, the dealer had me sign a notice (and failed to give me a copy) that stated I had 72 hours from purchase for me to get the car inspected by an independent mechanic for previous damage or malfunctioning components, you may return the car for these reasons.

On January 2nd (less than 72 hours later), I had the car looked at by 2 separate independent mechanics both telling me that there was something wrong with the valve train or the in-take/exhaust valves within the engine ($3,500 repair estimate). Apparently several valves were extremely weak and not lifting up high enough? Additionally, the tires were running low on air and the car hasn't had an oil change in over 9,000 miles.

I obtained the description of the problems and headed directly to the dealership that day (January 2nd).

When I approached my salesman I stated I am an unsatisfied customer. I was overcharged for the car by $3,000 over MSRP and I was told the car was in excellent condition - but the car has issues AND was overpriced.

The salesman told me no one held a gun to my head to purchase the car (way to make it sound like buying a car from you guys is equivalent to committing suicide).

I was told that I could trade the car in and purchase a new car in order to avoid this headache. The only offer they would give me is $300/month for a 2013 Sentra S for 6-year loan. This comes out to be almost $25,000 after downpayment, taxes, fees, docs. Nearly $6,000 over MSRP @ $21,000. I said I'll think about it (In your dreams).

I asked for the manager, and requested a copy of the 72-hour notice I signed. The manager stated that all my papers were no longer on the premises and I would have to come back on friday 1/4.

I again requested a copy of the 72-hour notice. When they complied, I read the document aloud to both the salesman and the manager. The sales manager stated that under no circumstances would a return be allowed, despite the notice stating this explicitly.

I continued to press the return, stating that there had been both previous damage and malfunctioning components are present. I have done my due diligence with 2 separate mechanics and I expect the dealership to hold up their end of the agreement.

At this point both the sales manager and the salesmen were obviously flustered and persistently denied me. Neither of them could finish sentences as they were stepping over each other's feet.

Among the things said:
"Your reading too far into it, it's only for major damage and malfunctions." (It doesn't say that...)
"Even if we could take the car back the bank owns the car not us - we can't take it back." (Wait, I thought it was possible if there was major previous damage or malfunctions?)
"Valves are not a major issue that policy does't cover minor issues!" (Nowhere on the policy does it give any description to previous damage or malfunctions, only 72 hours to find them.)
"It's past the 72 hour period!" (It wasn't.)
"We've only once taken a car back and it was weeks later because of major issues." (Whoa, so now not only does it not have to be 72-hours but you can still take returns regardless of lien ownership?)

I told the sales manager that he must be drawing from a different language, because in the English language, the policy directly contradicts what he is saying. After he continued to ignore and belittle my assertions, I stated that I will ask my lawyer about this. At this point he said; "OK fine. We are done here. You get your lawyer we get our lawyers. I'll see you in 6-months. I reminded him that we signed an arbitration clause and that arbitration is rather quick and wouldn't take so long.

After I said this, the salesman ripped up the 72-hour policy into little pieces of paper in front of my face and told me to leave the building to call my lawyer.

Nevertheless, I requested a meeting with the general manager on friday and I'm beginning to think it was a mistake not to get in writing they were declining the return.

Now I am feeling that they are either going to lose my paperwork or deny that they spoke to me at all January 2nd.

Any thoughts? Am I wrong? Do I have any legal footing?

[Ray paulsen]

I really don't want to lecture you, but you missed and made some serious mistakes in the buying process, had you clicked on this link beforehand http://www.yelp.ca/biz/route-46-nissan-totowa you most likely would never had bought a car at this dealership


　
I purchased a used 2011 Nissan Versa S and took possession at 5:30pm on 12/31 at Route46Nissan in Totowa, NJ with around 39,500 miles. The dealership charged me $15,400 for the car and $23,000 after taxes, fees and interest (4.99% apr, 6 years). When I asked for the MSRP of the car three separate times I was denied the information. The salesman stated, if he told me he would be lying. If you were denied this information why did you continue with the deal ? Like the salesman said no one held a gun to your head.

The used car is certified pre-owned and is under factory warranty until 60,000 miles and comes with an additional 60-day 2,000 mile warranty, whatever the use of this is. The basic full warranty that would have covered all your problems expired at 36K the balance warranty to 60K covers drivetrain only, the 60 day added dealer warranty is not worth the paper it's written on

However, the dealer had me sign a notice (and failed to give me a copy) that stated I had 72 hours from purchase for me to get the car inspected by an independent mechanic for previous damage or malfunctioning components, you may return the car for these reasons.Failed to give you a copy ? who's fault is that ?

On January 2nd (less than 72 hours later), I had the car looked at by 2 separate independent mechanics both telling me that there was something wrong with the valve train or the in-take/exhaust valves within the engine ($3,500 repair estimate). Apparently several valves were extremely weak and not lifting up high enough? Additionally, the tires were running low on air and the car hasn't had an oil change in over 9,000 miles. You have learned the buying process the hard way,,, next time you will do an independent mechanical inspection prior to purchase

I obtained the description of the problems and headed directly to the dealership that day (January 2nd).

When I approached my salesman I stated I am an unsatisfied customer. I was overcharged for the car by $3,000 over MSRP and I was told the car was in excellent condition - but the car has issues AND was overpriced. You came back to the dealer with was is called a shopping list after the fact not before the fact, case closed

The salesman told me no one held a gun to my head to purchase the car (way to make it sound like buying a car from you guys is equivalent to committing suicide). I will agree this dealer is scum and will take advantage of anybody that has not done prior homework how to buy a car,,, it's sad buyers have to find time to study the process in order not to be taked to the cleaners,,, but such is the business.

I was told that I could trade the car in and purchase a new car in order to avoid this headache. The only offer they would give me is $300/month for a 2013 Sentra S for 6-year loan. This comes out to be almost $25,000 after downpayment, taxes, fees, docs. Nearly $6,000 over MSRP @ $21,000. I said I'll think about it (In your dreams). Yes trade it in and let the dealer make a further score

I asked for the manager, and requested a copy of the 72-hour notice I signed. The manager stated that all my papers were no longer on the premises and I would have to come back on friday 1/4. What he is really saying is - your done - we only deal with fresh pigeons

I again requested a copy of the 72-hour notice. When they complied, I read the document aloud to both the salesman and the manager. The sales manager stated that under no circumstances would a return be allowed, despite the notice stating this explicitly. I wish I could comment here, but without knowing the type document or how it was structured cannot

I continued to press the return, stating that there had been both previous damage and malfunctioning components are present. I have done my due diligence with 2 separate mechanics and I expect the dealership to hold up their end of the agreement.

At this point both the sales manager and the salesmen were obviously flustered and persistently denied me. Neither of them could finish sentences as they were stepping over each other's feet.

Among the things said:
"Your reading too far into it, it's only for major damage and malfunctions." (It doesn't say that...)
"Even if we could take the car back the bank owns the car not us - we can't take it back." (Wait, I thought it was possible if there was major previous damage or malfunctions?)
"Valves are not a major issue that policy does't cover minor issues!" (Nowhere on the policy does it give any description to previous damage or malfunctions, only 72 hours to find them.)
"It's past the 72 hour period!" (It wasn't.)
"We've only once taken a car back and it was weeks later because of major issues." (Whoa, so now not only does it not have to be 72-hours but you can still take returns regardless of lien ownership?)

I told the sales manager that he must be drawing from a different language, because in the English language, the policy directly contradicts what he is saying. After he continued to ignore and belittle my assertions, I stated that I will ask my lawyer about this. At this point he said; "OK fine. We are done here. You get your lawyer we get our lawyers. I'll see you in 6-months. I reminded him that we signed an arbitration clause and that arbitration is rather quick and wouldn't take so long.

After I said this, the salesman ripped up the 72-hour policy into little pieces of paper in front of my face and told me to leave the building to call my lawyer. The sad part here is at this stage with all of the above comments going back and forth the dealer wins because 99% don't take the dealer to a small claims court or contact a lawyer

Nevertheless, I requested a meeting with the general manager on friday and I'm beginning to think it was a mistake not to get in writing they were declining the return. and who's side will the GM side with,,,hmmmm

Now I am feeling that they are either going to lose my paperwork or deny that they spoke to me at all January 2nd.

Any thoughts? Am I wrong? Do I have any legal footing?

Summary,,, small claims court or click on this link to my website http://www.usedcartips.org/installment.html click on the yellow banner, it's free
　

[fredjacksonsan]

Wow. Over 15k for a Versa with nearly 40000 miles? I bought a new one with test drive miles in '08 for 13,500.

Aside from that, you were given the 72 hour guarantee, and the salesman ripped up their copy; so unless you took the pieces with you you might not have any evidence. I would first try to bump it up the chain of command at the dealership, bypassing the sales team and going directly to the general manager.

I would be calling an attorney ASAP. The dealership is probably bluffing about going to court, as most will cave once a real lawsuit is started.

Working for you: If your story is correct, you are right and they owe you a complete refund.

Working against you: there may be no paperwork showing the 72 hour return.

Good luck, let us know how it turns out.