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Return used car to previous owner...?

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PembertonH

Junior Member
What is the name of your state? CA


I kindly request advice for this unraveling matter.

On December 18, a man named TOM went to a NISSAN automobile dealership in California to purchase a new truck. The NISSAN dealer told TOM that his credit was good, so TOM signed the paperwork for financing, traded in his old sports car, and happily drove off with a new truck.

23 days later… on January 11, a man named HARRY was shopping for a sports car and followed an advertisement to this same NISSAN dealership, where he found TOM's old sports car “for sale” on the NISSAN Used Car Lot. HARRY and the NISSAN salesman negotiated a price for the sports car. HARRY accepted the deal, signed the NISSAN dealership’s paperwork, “paid cash” for the transaction, and happily drove off with the used sports car.

This is where the story takes a twist.

24 days after purchasing the used sports car… on February 4, HARRY received a telephone call from TOM who sounded distressed and desperate. TOM claimed that the NISSAN dealership had failed to secure financing on his new truck, and NISSAN management ordered him to return the truck immediately with the promise that they would return his old sports car to him. So the prior day (February 3, SuperBowl Sunday) TOM returned the new truck back to NISSAN, where he was told by NISSAN that he would get his old sports car back “soon.” TOM was suspicious of NISSAN personnel so he contacted HARRY to inquire about facts. HARRY informed TOM that he had “paid cash” for the used sports car, that he had not been contacted by NISSAN, and that he did not have any intention to return the sports car to NISSAN. It appears that NISSAN was creating a messy situation! The telephone call ended with mutual empathy and respect between TOM and HARRY, yet both were concerned that NISSAN was maneuvering suspiciously.

10 days later… on February 14, HARRY received a first telephone message from NISSAN’s Customer Relations Manager who stated it was “very urgent” to call him back. HARRY suspects that NISSAN will plead a tricky case that he return the sports car.

The next day… on February 15, HARRY received a second telephone message from a different NISSAN representative, stating it was “very important” to call him back.

To present date… HARRY has not yet responded to NISSAN's calls. TOM does not have his old sports car back.


Today is February 16, and I seek advice for these key questions:
36 days after HARRY paid cash to purchase a “used car” (per the details noted above), can this NISSAN automobile dealership ethically and legally require HARRY to return the used car to NISSAN?
Or ultimately return the car to the car’s previous owner, TOM?
Is TOM entitled to receive his old car back?
NISSAN's liability in this mess?
Can HARRY refuse to cooperate with NISSAN?
Special considerations?
Compensation?

Kind regards...!

P :confused:
 


BoredAtty

Member
36 days after HARRY paid cash to purchase a “used car” (per the details noted above), can this NISSAN automobile dealership ethically and legally require HARRY to return the used car to NISSAN? Or ultimately return the car to the car’s previous owner, TOM?
Generally speaking, no.

Is TOM entitled to receive his old car back?
Depending on the sales contract, probably...but not from Harry.

NISSAN's liability in this mess?
Most likley, Nissan will be liable for the amount that Tom was to receive for his trade-in. For example, if the dealer offered Tom $3000 for his trade-in, then Nissan will have to pay Tom $3000. Trading-in a car is basically selling it to the dealer, so Nissan needs to make good on the sale since it can't return the car.

Can HARRY refuse to cooperate with NISSAN?
Yep, it's his car now.
 
Last edited:

Zigner

Senior Member, Non-Attorney
Just a minor clarification to the prior answer. NISSAN is not responsible for anything. The DEALERSHIP would be responsible...
 

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