Route 46 Nissan advertised a buy a 2004 Nissan and get a 2003 Nissan Sentra for free. The example in the newspaper showed the MSRP, and a lower selling price, and a value on the "free" Sentra, noting that title, taxes would be payable on both vehicles.
I purchased a 2004 Maxima, and received a 2002 Sentra as the "free" vehicle. Once I had completed the transaction with the salesman, I was escorted to a waiting area to wait for the finance person - "approximately 15 minutes". About an hour later, I decided it was time to leave, and started to leave the dealership. My mistake was in stopping to advise another salesperson to tell my salesperson that I was leaving. My salesman appeared, and said they were ready for me to sign the paperwork.
The finance person worked very fast, and the papers were rapidly processed. A friend that was with me commented on how fast he processed the paperwork. (Wish I had realized then!)
On the contract for both cars, preprinted on the form was a charge for window etching, however, this was not discussed with me and I was not advised that this was an option.
When we were finally ready to leave the dealership (out total time at the dealership was approximately 3 hours), the salesman asked me to sign a new odometer statement, to correct the paperwork. The original odometer statement for the 2004 Nissan was for 14 miles. The new statement was for over 2000 miles. At the time all I wanted was to get out of there, and did not really register the excessive mileage.
On Monday I attempted to contact the dealership to try to work out some resolution, left messages, and when I was able to talk to a sales manager, he was rude, and basically said, you signed the new odometer statement. The general manager finally called me on Wednesday, and stated that this was not a used car, but did indicate that it could be a demo car. When I asked why I was charged for a new car, not a demo, there was no better answer. When I looked further into the MSRP of the 2004 Nissan, I discovered that I had been charged over 8,000 in excess of the MSRP (contrary to the advertisement).
After six weeks of attempting to reach a settlement with the dealership, they finally agreed to take both vehicles back in return for my signing a non-disclosure statement. I asked for their offer in writing, and did not receive any further word for 2 business days and a weekend. On Monday, I was contacted and asked if I received the fax, when I indicated that I had not, the VP of finance indicated that he was aware that it was an incorrect fax number, but he had not called me for clarification.
Because I wanted to discuss their offer with my attorney and indicated that I would not have an answer by close of business the next day, but would be in touch by the end of the week, I received a fax that I felt was very threatening. The fax indicated that I was using unfair delaying tatics, and that they would title the vehicles if they did not hear from me in two days. (By not titleing the vehicles, the bank had no recourse against me for the loan. I had contacted the bank regarding their lack of title and I believe that the bank contacted the dealership requesting return of the money paid, and that is what prompted the dealership to agree to take back the two vehicles.
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