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Car dealership issues with purchase

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chris805

Junior Member
Car dealership issues with purchase. What can I do about it? Please advice

Hello everyone I am a resident from California and I have issues with a purchase I made with car dealership. First issue is that after purchasing the car,a couple days after I started to notice that there was something wrong with the vehicle.i called the dealership to ask if my warranty will cover the problem if there is one and they replied yes.They said only cosmetic issues wasn't covered by the warranty.So I brought it in they place the vehicle on a scanner to see if there anything wrong and it came out with no issues. They told me there's nothing wrong with it because nothing is showing up on there scan tool and that the car is fine. Driving out of there lot I can still feel that there's something wrong so I brought the vehicle to a auto shop that diagnos for free. The shop told me that after testing the car and driving it themselves,they found 2 problems with the car 1 was that my car need an alignment and 2 that it has a TSB problem which means (Technical Service Bulletin) and they told me that the vehicle might be a recall and to contact Nissan to check if it is by giving the VIN number of the vehicle.So I called Nissan and gave the info but they told me that the VIN number provided wasn't one of the recall vehicles.The shop then told me that even though it's not a recall vehicle there is a problem with the car and it might be an engine problem.So I contacted the dealership and told them about the info of what I found out about the car and they told me that TSB problems are fix by the maker of the car and needs to be handle with them which is true.But I told them it's not a recall but there is a problem which is not cosmetic and should be covered by my warranty. So they made an appointment again to check and fix the problem which I told them there's a TSB and alignment issue.After waiting long they gave my car back saying that for the TSB issue they will need to wait for the owner of the their dealership to come in to settle the problem with the maker of the vehicle but they had fix the alignment of the car.couple days had pass and whenever I tried following up on the status with their owner talking to the maker of the car they told me he won't be back until after the weekend.Couple hours pass and I received a phone call from an employee saying that if we can bring in the car ASAP to them because when they tried to register the car for me DMV told them that it needs to be smog tested. And they added without me giving them an answer that if I couldn't come in they would come to me with a courtesy car and take the car themselfs.which was odd because they also added that they would also be checking the maker of the car and it would be better if they brought it in.So I said alright and in no time someone showed up with a courtesy car and took my own vehicle from me. I asked how long will they have it and if it was going to stay with them until the problem is fix he said yea.weekend came which was Sunday and they told me they will be giving my vehicle back and that tomorrow I have a appointment to talk with the owner because the manager or whoever was left in charge can't do anything about talking with the maker of the car to fix the problem.Thats when I started getting serious. What I found out is that dealership are suppose to have reports on there vehicle and they are always updated. So not knowing that the car need a smog check soon which SMOG check are valid for only 3 months which should show in their reports and will need to be renewed if it's a vehicle being sold.i thought about it and came up with them actually selling me a Vehicle that wasn't SMOG check or updated yet. So I waited for my appointment to talk with the owner and I told him that I want to withdraw from the purchase and that I didn't want the car anymore because in just 1 week the already went to the shop,wasn't SMOG checked,his staff sidnt want to fix something that was under warranty,and that I didn't like there service and how many times they beat around the bush and made me feel like they didn't want to help me with my issue.He said that he couldn't do anything and that withdrawing from the car has never been done before but he wanted to check the problem of the car and bring it in tomorrow and we can settle it from there.I told him that I jist don't want to do business with them because how I was treated, and that how can I continue business with a company that didn't want to help me,warranty was not given when it was part of the warranty right away,and it was against the law for a dealership to sell a vehicle that wasn't SMOG check was against the law.But he still said nothing can be done and just bring it in so they can check the car.
SORRY for a long story but my question is what can I do about the situation and how can I settle this matter the right way where I don't want to have nothing to do with them anymore?
 

Zigner

Senior Member, Non-Attorney
Please fix your post so that it has some white space...it's virtually unreadable in its current form.

With that said, your right and remedies will be spelled out in your warrant contract. Read it.
 

chris805

Junior Member
Sorry I'm new to this

Sorry about that I just didn't want to leave anything out and I feel like i am being step on.
But here it is
I purchase a car from a dealership but the car wasn't SMOG CHECKED....I wanted problems fix with my car and it is under warranty but I was told there was no problem when the dealer checked it......I went to a shop and it has problems with TSB and alignment....notified the dealership about what another shop came up with and dealership only fix the alignment but intil now after service it's still not fix.....I talked to the owner but he wouldn't let me withdraw from the deal and still wants me to still continue with the car************** I feel like I can't trust them,there customer service is not telling me everything that needs to me told,don't know if problems later down the road will happen because it's hasn't even been a month yet it already has problems where there not even trying to fix it.... What can I do to just not have anything to do with them and where I can discontinue my service with them if there being wrong from the start....? Please advice
 

OHRoadwarrior

Senior Member
You can pay to have a failed smog check item repaired and bill/sue the dealer for that amount or you can take it to the dealer and have them do anything needed for it to pass smog without a court action. A TSB is not a TSB if your car is not included.
 

Zigner

Senior Member, Non-Attorney
You can pay to have a failed smog check item repaired and bill/sue the dealer for that amount or you can take it to the dealer and have them do anything needed for it to pass smog without a court action. A TSB is not a TSB if your car is not included.
The OP needs to provide the dealership the opportunity to SMOG the vehicle. The OP doesn't even know if it will pass or fail.
 

OHRoadwarrior

Senior Member
The dealer had that option before selling the car. They chose to sell a car in violation of the law. OP can get any reasonable repair to pass smog done and bill the dealer or sue them. It would be easier to take the car back to them and allow them to fix it, but self help is a legal option.

The OP needs to provide the dealership the opportunity to SMOG the vehicle. The OP doesn't even know if it will pass or fail.
 

Zigner

Senior Member, Non-Attorney
The dealer had that option before selling the car. They chose to sell a car in violation of the law. OP can get any reasonable repair to pass smog done and bill the dealer or sue them. It would be easier to take the car back to them and allow them to fix it, but self help is a legal option.
I disagree - I think the OP needs to provide the dealer the opportunity to SMOG the vehicle. This was a clerical error.
 

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