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?
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