I bought on Nissan on Nov 10. On the date I sign the contract the APR was 8.34% and monthly payment was $367 for 84 months with the trade-in. The sales manager Gerardo Perez promised me that I can get the loan with APR 8.34% and I got approved on that night (10 pm)
Here comes the story: On Nov 22, received a call from Fontana Nissan financial department, say that I can get the loan I already approved on the date I signed the contract and ask me to return the truck. Since my truck was under reparing because the front bumper got a demage on the date I pick up the delivery. (Nov 11)
I go through all the contract and see the following:
1) it require dealer to write a notice "WITHIN 10 DAYS" to buyer in case of the loan can't be approved (I do have the copy of that).
Also, I check the DMV, FTC, and other customers affairs... To make sure the cancellation of the Seller-Buyer-contract. I find that the rule is the dealer can cancel "ONLY IF" the dealership really can't find the bank that can provide the loan.
On Nov 24, I go to Fontana Nissan Dealership to talk to the financial department and talk to the manager Christ and I can't imagine what I am suffering.
I) Christ say that there is no bank can provide the loan with 8.34% APR and $367 for 84 months. Other than that, he try to convince me to void the old contract and ask me to accept an other offer with new APR and new term.
*the new contract states that the APR raise from 8.34% to 11.24/12.24, the terms is shorten to 72 months and the down pament is $2,516.
I tell him that" by the LAW, you can't cancel the contract without 10 days written notice and you can't raise the APR as the trade off for the cancellation.
He answer that " I can and why not? Then I ask him " The sales is representing Nissan to make a deal with me;promise and the agreedment on the APR & terms all listed on the contract.
Youu can't just simply cancel that just say there is no bank want to finance me and finally comes up another deal/new contract higher APR. If bank can't finance me and why now you can finance me with a higher APR?"
All his answers to me is " yes, I can, I can cancel any contract at any time."
At the end of the conservation with him, I request him to make a copy of 1) the new contract with the new APR 2) the proof of written notice within 10 days notice 3). The conservation he stated that "sales" is not represent Nissan and contract is not the promise between me and the dealer. (won't protect the buyer at all).
CASE ONE: Christ refuse to do so.
After that, I talk to the General Manager (or the co-owner) Richard Vafille, I complaint about this event and ask him to the same thing as I ask Christ do.
CASE TWO: Richard Vafille say the same thin and Christ does. And even worse is that he also try to take out the contract from me but he fail.
Can any one advise me how to dealing with this kind of BAD business and what should I do in the following. I realize that I am not the one get Ripoff. How about the rest of us? Please help me as well as helping other people to protect their right.
Thanks!
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