What is the name of your state (only U.S. law)? Utah
We visited National Auto Plaza (“NAP” on Saturday and interested in a test drive of a 2006 Nissan Armada. We returned from the test drive to notify the sales man of mechanical defects and other concerns about the vehicle but were overall really impressed with the Nissan Armada brand as it would meet our needs for pulling a trailer for our business and family transport. NAP insured us that all defects would be repaired and offered the vehicle to us at $21,000. They gave us $4,500 for our trade-in cash credit and even though we told our sales man we were having second thoughts on price and wanted to cancel the deal, we were pressured into signing late that evening.
Status: Signed the Retail Installment Contract and Security Agreement for the vehicle
Did NOT receive the vehicle, was NOT delivered or accepted by seller
We did NOT drive the vehicle after signing the agreement
We paid $4000 cash on the loan balance
We surrendered our trade-in vehicle and was given a "loaner" vehicle by dealership
Loaner vehicle is a sedan and we notified sales man this would not work for our business
Assured that new SUV vehicle would be ready for pick-up following evening
Received copy of temporary permit for 2006 Nissan Armada although no work (inspection or emissions test) had been performed
Next day we sent email to NAP stating we would like to meet with them to discuss pricing of the vehicle, as we had found a dealer listing for the vehicle including VIN and photos for $3000 less than our purchase price and listing was less than 90 days old. After we work met with the Sales Mngr. to discuss email and vehicle deal.
Status: We did NOT drive the vehicle NOR receive the vehicle
Sales Mngr. confirmed all detailed requirements for "fixing" the vehicle would be completed by NAP
Sales Mngr. offered compensation for price difference in Free Oil Changes for a Year and $500 cash
We countered with proposal to have dealership pay for $1900 warranty that would cover vehicle for 3-years post-purchase
Both parties could not agree on compromise
We had to leave dealership in loaner vehicle, again stating to Sales Mngr. the car would not work for our business and we would suffer loss of income
That evening we sent a follow-up email to NAP stating per the Retail Installment Contract and Security Agreement that within the Assignment by Seller section it states; "Seller Warrants: The Vehicle has been delivered to the Buyer in good condition and has been accepted by Buyer. If any of these warranties is breached or untrue, Seller will, upon Assignee’s demand, purchase this contract from Assignee. The purchase shall be in cash in the amount of unpaid balance (including finance charges) plus the cost and expenses of Assignee, including attorneys’ fees." Because we had NOT had the vehicle delivered this contract was in breach. The next morning we met with the Sales Mngr. and showed him the contract and terms. He sent us into see the Finance Mngr. who stated that he agreed that we should receive our refund and vehicle, however, he did not have the authority, and we would have to wait till 1 PM to see the owner. We stated that we had already taken time off work and that someone should be able to authorize the return as it was stated in the contract terms. After much delay I contact the Sheriff's office to gain some assistance in facilitating the return of our property. Unfortunately, the matter is a contract matter and even after the officer discussed the situation with the Sales Mngr. we were told, "it is not our policy to cancel a sale" and left with the only option of remedy through legal means.
Status: We did NOT drive the vehicle NOR receive the vehicle
Sales Mngr. denied us the cancellation of the contract and return of our trade-in vehicle and cash
Trade-in vehicle is parked in receiving and had not been sold by dealership
2006 Nissan Armada was parked in service area and did not appear to be fixed
Officer advised us to hire a lawyer to remedy
We are going to discuss with a lawyer but in the meantime what thoughts do you have on this situation?
Thanks in advance for your time.
We visited National Auto Plaza (“NAP” on Saturday and interested in a test drive of a 2006 Nissan Armada. We returned from the test drive to notify the sales man of mechanical defects and other concerns about the vehicle but were overall really impressed with the Nissan Armada brand as it would meet our needs for pulling a trailer for our business and family transport. NAP insured us that all defects would be repaired and offered the vehicle to us at $21,000. They gave us $4,500 for our trade-in cash credit and even though we told our sales man we were having second thoughts on price and wanted to cancel the deal, we were pressured into signing late that evening.
Status: Signed the Retail Installment Contract and Security Agreement for the vehicle
Did NOT receive the vehicle, was NOT delivered or accepted by seller
We did NOT drive the vehicle after signing the agreement
We paid $4000 cash on the loan balance
We surrendered our trade-in vehicle and was given a "loaner" vehicle by dealership
Loaner vehicle is a sedan and we notified sales man this would not work for our business
Assured that new SUV vehicle would be ready for pick-up following evening
Received copy of temporary permit for 2006 Nissan Armada although no work (inspection or emissions test) had been performed
Next day we sent email to NAP stating we would like to meet with them to discuss pricing of the vehicle, as we had found a dealer listing for the vehicle including VIN and photos for $3000 less than our purchase price and listing was less than 90 days old. After we work met with the Sales Mngr. to discuss email and vehicle deal.
Status: We did NOT drive the vehicle NOR receive the vehicle
Sales Mngr. confirmed all detailed requirements for "fixing" the vehicle would be completed by NAP
Sales Mngr. offered compensation for price difference in Free Oil Changes for a Year and $500 cash
We countered with proposal to have dealership pay for $1900 warranty that would cover vehicle for 3-years post-purchase
Both parties could not agree on compromise
We had to leave dealership in loaner vehicle, again stating to Sales Mngr. the car would not work for our business and we would suffer loss of income
That evening we sent a follow-up email to NAP stating per the Retail Installment Contract and Security Agreement that within the Assignment by Seller section it states; "Seller Warrants: The Vehicle has been delivered to the Buyer in good condition and has been accepted by Buyer. If any of these warranties is breached or untrue, Seller will, upon Assignee’s demand, purchase this contract from Assignee. The purchase shall be in cash in the amount of unpaid balance (including finance charges) plus the cost and expenses of Assignee, including attorneys’ fees." Because we had NOT had the vehicle delivered this contract was in breach. The next morning we met with the Sales Mngr. and showed him the contract and terms. He sent us into see the Finance Mngr. who stated that he agreed that we should receive our refund and vehicle, however, he did not have the authority, and we would have to wait till 1 PM to see the owner. We stated that we had already taken time off work and that someone should be able to authorize the return as it was stated in the contract terms. After much delay I contact the Sheriff's office to gain some assistance in facilitating the return of our property. Unfortunately, the matter is a contract matter and even after the officer discussed the situation with the Sales Mngr. we were told, "it is not our policy to cancel a sale" and left with the only option of remedy through legal means.
Status: We did NOT drive the vehicle NOR receive the vehicle
Sales Mngr. denied us the cancellation of the contract and return of our trade-in vehicle and cash
Trade-in vehicle is parked in receiving and had not been sold by dealership
2006 Nissan Armada was parked in service area and did not appear to be fixed
Officer advised us to hire a lawyer to remedy
We are going to discuss with a lawyer but in the meantime what thoughts do you have on this situation?
Thanks in advance for your time.