Can local dealer refuse all warranty service?

Old Speed · 10-27-2005, 07:13 PM

Quote:

Originally Posted by 37L1

Here's how it started with photos of the damaged wheel:

http://www.titantalk.com/forums/show...097#post383097

Thanks for finding the old post

here is my letter from my attorney to The Corporate office and both local dealers my purchising dealer and my local dealer.

here is the letter that was sent out! Nissan corporate, Purchasing dealer and Local dealer who i did the warranty problems with

Dear Sirs;
I am writing on behalf of Mr. Ricky regarding the purchase of a 2005 Nissan Titan truck on July 17, 2005. The issue at hand is whether Nissan is willing to replace a defective wheel on this vehicle. The wheel was noticed by Mr. Ricky to be defective the day after the purchase when he was washing the vehicle due to a less than acceptable cleaning given to it by the dealer. Mr. Ricky noticed the defect on the wheel, and immediately contacted (Selling Dealer) to correct the defect. The dealer offered only to change the wheel with the spare, which for obvious reasons was not acceptable, as it still left Mr. Rickys vehicle with a defective wheel. The vehicle was two (2) days old at this time.
Mr. Ricky then decided to work through (Local Dealer in home town) as it is 30 miles closer to his home than the (Selling Dealer) dealership. He spoke with the service manager, who reportedly contacted her Regional Manager and advised Mr. Ricky a new wheel had been ordered. Upon his appearing at (Local Dealer in home town) to have the wheel installed, he was told the wheel that had been received was incorrect in color and that the correct color wheel should be available to him in about a week.

On August 30 (nearly a month and a half after the purchase) Mr. Ricky physically observed the new wheel at (Local Dealer in home town) and noticed no damage to it. On September 13 he was notified that other parts were in and took his truck in to have the other repairs made as well as having the new wheel installed. Finally on September 21 he took his truck in to have the work done, and upon returning to pick it up, he was told that the rim that was to be installed was defective from the factory and that (Local Dealer in home town) could not order any more wheels for Mr. Ricky. This was since they were $900 wheels and two wheels had already been ordered, the factory would not allow them to order any more.

After communication with your office, Mr. Ricky was advised, on September 28, that the only thing Nissan and (Local Dealer in home town) Nissan would be willing to try was to "touch up" the wheel. The wheel had been in good condition prior to the installation attempt. and apparently was damaged by the technician during handling or installation.
and Mr. Hensley was not willing to accept a "touch up" job on his $35,000 truck that was now just two months old. To date he has not had a follow-up call from the regional manager, although one was promised on that date, September 28.

It is unfortunate that this matter which could have been handled rather easily has been allowed to drag out so long, and it is even more unfortunate that a purchaser who was willing to pay the rather substantial purchase price for this vehicle has a sour taste in his mouth due to your lack of customer care. However, Mr. Ricky deserves to have his vehicle start out without defect, and he has been more than patient in attempting to resolve this situation. Finally, he has come to me to see if it can be satisfactorily resolved without litigation and the embarrassment that undoubtedly would fall on Nissan and its dealer, (Local Dealer in home town).

Mr. Ricky has attempted to resolve this matter on many occasions, and has left his name, case number and telephone number with your message system most recently on October 6, October 10, October 13 and October 18, all without any return call. Since you apparently are unwilling or unable to telephone Mr. Ricky. please contact me at your earliest opportunity to resolve this matter. If I have not received any communication from either Nissan or (Local Dealer in home town) within ten (10) days of the date of this letter, Mr. Ricky will have to seek redress through the courts. I await your anticipated prompt reply.

6 days later i got a call from the local dealer they said hi this is (so and so) the owner of the dealer got your letter. I told him that everything is going thew my lawyer now and you need to contact him, his name and phone # is on the letter your got, if you i can give it to you. then he said Fine if you are going to be like that then we will not help you out with your problem. Then he hung up.

2 days later (today) my lawyer got a letter from the vice president of the dealer and it reads:

RE: Ricky
Dear (Attorney),
I am in receipt of your letter dated October 18, 2005.1 would like to take a minute to review the facts. Mr. Ricky brought his vehicle in for service on July 19, 2005. His left rear rim was damaged and he had a concern with a shifter/radio bezel. We ordered replacement parts at that time. Mr. Ricky returned on August 1, 2005 at which time we discovered that we had in fact ordered an incorrect wheel that was a darker shade than the wheel on Mr. Rickys Titan. Mr. Hensley returned again on September 21, 2005 at which time we installed the correct wheel in the correct color. Unfortunately this wheel had several small scratches in its finish. We volunteered to have the wheel repainted and Mr. Hensley declined.

You mention in your letter that Mr. Ricky paid a "rather substantial purchase price" of $35,000 for his new vehicle. The fact that he purchased this vehicle from (Selling dealer) rather than from (Local Dealer) appears to be insignificant. The fact that the selling dealer, (Selling dealer), according to your letter only offered to "change the wheel with the spare" appears to be insignificant. The fact that (Local dealer) has been the only entity involved having made any effort at all to satisfy Mr. Ricky appears to be insignificant.

Nonetheless, (Local Dealer) will provide Mr. Ricky with a second replacement wheel for his Nissan Titan that we did not sell him. We will require that he leave his vehicle with us for the day. We will not provide him with any type of replacement vehicle while we have his truck here. Upon completion of replacing the wheel, (local dealer) will have no further involvement with Mr. Ricky or his vehicle. Any and all future warranty service will be done by the selling dealer and not by (local dealer). If your client finds this acceptable please have him contact me personally to schedule a day to drop off his vehicle. If this is not acceptable then I suggest you contact Nissan North America and (Selling Dealer).

Now finally there is some In correct facts in the letter he sent
1 Local dealer only offerd me a touch up job NOT a full repainting witch is still not acceptable
2 this will be the 3td replacement rim NOT the second, the first was wong collor and the second they claimed to be "damaged during shipping"

Howie Kaluha · 10-27-2005, 07:18 PM

lol, how did you manage to get refused by a dealer?

baseballfanz · 10-27-2005, 07:21 PM

I'm pretty sure they could, it's like any other business. You might want to call Nissan USA and file a complaint. How did you manage to get yourself banned from a dealership.

Clint · 10-27-2005, 07:42 PM

Your attorney? Why would he get the letter and not you? How would they know you have an attorney? Where did they get his/her name and address?
You left out some very important information here. Please, tell the rest of the story.

Clint

zachopp · 10-27-2005, 07:49 PM

Oh, I can't wait for the details on this one.......................

PTitan · 10-27-2005, 07:49 PM

Something sounds funny. I do not use my attorney when I go to the dealership. Yes we need the rest of the story.

Old Speed · 10-27-2005, 07:56 PM

See first post Please !

37L1 · 10-27-2005, 08:08 PM

Quote:

Originally Posted by PTitan

Something sounds funny. I do not use my attorney when I go to the dealership. Yes we need the rest of the story.

Here's how it started with photos of the damaged wheel:

http://www.titantalk.com/forums/show...097#post383097

**HudsonValleyTitan** · 10-27-2005, 08:10 PM

Yeah I have to agree. Unless this dealer is living in some sort of time warp, we're missing some important information here. Did you go in steaming and threatening people? Did you wave a gun around?...lol. You bought a truck with a defective wheel and they don't want to replace it anymore after 2 replacements? Sounds to me like either they think you damaged the wheels off-roading or you're being unrealisticly picky about the replacement wheel being absolutely perfect......I don't know....something sounds off to me. Tell us everything!!

Maybe none of what I've said is true so I'm not judging. This is just how it sounds to me.

Now after seeing those photos, my vote is you're REALLY picky (almost un-noticable on either wheel IMHO). But that's your truck so...do what you feel you need to do.

Old Speed · 10-27-2005, 08:20 PM

Quote:

Originally Posted by HudsonValleyTitan

Yeah I have to agree. Unless this dealer is living in some sort of time warp, we're missing some important information here. Did you go in steaming and threatening people? Did you wave a gun around?...lol. You bought a truck with a defective wheel and they don't want to replace it anymore after 2 replacements? Sounds to me like either they think you damaged the wheels off-roading or you're being unrealisticly picky about the replacement wheel being absolutely perfect......I don't know....something sounds off to me. Tell us everything!!

Maybe none of what I've said is true so I'm not judging. This is just how it sounds to me.

Now after seeing those photos, my vote is you're REALLY picky (almost un-noticable on either wheel IMHO). But that's your truck so...do what you feel you need to do.

Ok im not Pickey, if my local dealer said there is nothing they can do i would have been fine with it BUT!!!!! they said they will take care of it, And when they tell me that i expect them to TAKE CARE OF IT!!! now after the dealer Messed up the second rim they flat out LIED TO ME saying that it was damaged in shipping. and since it IS NOT MY FALT they cannot order any more wheels because they all ready orderd 2 and the factory wont let them order any more. that is NOT THE WAY TO TO BUSINESS PEOPLE!!!!!

**HudsonValleyTitan** · 10-27-2005, 08:34 PM

Quote:

Originally Posted by Old Speed

Ok im not Pickey, if my local dealer said there is nothing they can do i would have been fine with it BUT!!!!! they said they will take care of it, And when they tell me that i expect them to TAKE CARE OF IT!!! now after the dealer Messed up the second rim they flat out LIED TO ME saying that it was damaged in shipping. and since it IS NOT MY FALT they cannot order any more wheels because they all ready orderd 2 and the factory wont let them order any more. that is NOT THE WAY TO TO BUSINESS PEOPLE!!!!!

As I mentioned, this is only how it SEEMS in reading your posts. If there is nothing left out then you're right, they owe you a wheel but......I just can't imagine a dealer being that callous.

Old Speed · 10-27-2005, 08:39 PM

Quote:

Originally Posted by HudsonValleyTitan

As I mentioned, this is only how it SEEMS in reading your posts. If there is nothing left out then you're right, they owe you a wheel but......I just can't imagine a dealer being that callous.

nothing has been left out, everything is factual. i should have known not to go back to them when i tried buying my truck they they wanted Nothing to do with me. they dident want to appraise my previous truck, they did not want to give me some rough estiments, nothing! the guy kept says come back tomarro and we will work somthing out.. thats why i went to the dealership in the other town.. they were glad to sell me a truck there.

and none of this would ever happen if they did this after the second rim. Im sorry but during installation our tech scratched up the new rim. we orderd 1 more for you. sorry!

Papa_D · 10-27-2005, 08:52 PM

Quote:

Originally Posted by HudsonValleyTitan

As I mentioned, this is only how it SEEMS in reading your posts. If there is nothing left out then you're right, they owe you a wheel but......I just can't imagine a dealer being that callous.

I most certainly can imagine a dealer being that callous and more. I think the days of the customer allways being right are long gone and if you make a stink about something that the dealer thinks is insignificant, a lot of them will be reduced to shinanigans just like this. I also believe they do have the right to refuse service. It's crap like this that makes me glad I live near many dealerships and can afford to piss off a couple and still get service elsewhere.