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LOSING MY TRUCK!!! Legal advice please!!!

2366 Views 26 Replies 12 Participants Last post by  Clint
I need some advice...
I've purchased a beautiful Nissan 2007 LE from a dealership in Chicago area, and am supposed to fly down in a weeks' time to receive my beautiful $29000 adoption..

I've bought the plane ticket, i'm ordering accessories, and the money has been wired from a Canadian account and accepted at the dealership's account...

The twist:
My wife just got a phone call to say that i'm not valid for the $5000 Nissan incentive on the final bill..
Apparantly, since i'm not a resident of Illinois, it's not applicable...
Actually, up until the purchase invoice, i didn't realize that this incentive even existed.


RANT!!!
If the shoe were on the other foot, and I tried to pull out, the dealer would hang that statement over my head like a noose..But i'm sure they can slither out of the agreement somehow..
I'm not a legal authority, but am wondering what you people would do?
Any lawyers on this board?

Question:
Should i work out a good deal on a used vehicle?
Should i demand they honour the purchase invoice?
Should i get the lawyers involved?
What would you do??

If the dealership would agree to payback my plane ticket ($110) and pay back the cost of the exchange rate ($.01x29000), i wouldn't mind..
But i have a feeling it won't work that way.
What's there to work out at this point?

How am i gonna explain this to my kids, parents, and hunting gang??
Especially the hunters..
They were counting on me to drive them on a moose hunt??
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Why would it matter where you live? Can you post supporting documentation? I'd call a lawyer quickly if you really feel they are wrong. Good luck.

Clint
Did you tell them that they will lose the sale over this? You need to see if that is a Nissan rebate and not just theirs, Nissan is offering a lot of rebates right now all over. Why would they lose a 30000 sale over 5000??? worth of rebates anyway?
Thanks for the quick replies fellas...

I can only guess that Nissan USA allows, or pays back some sort of incentive amount to the dealer upon a valid sale...
I can understand the dealer doesn't want to LOSE money if Nissan USA won't refund anything...

What i can't understand is how the dealership and Nissan can't work out a compromise somehow...

@ Clint,

I'm not gonna post anything that could perhaps legally screw me, but the invoice clearly has the dealership letterhead, with salesman signature...
It's as official as i can imagine...

I'm gonna call them back ASAP...I'm at work right now...

I'd rather get a head start with some die hards from this forum first....

Thanx...
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The sales rep is a legal rep of that dealership. Is your address on their? Did they send it to you so that you can prove they knew where you were from? That is a contract as far as I can tell.
Ourbaby,
I totally agree...Everything's on the contract as if it were binding..

For sure, if i was stuck with that vehicle due to Canadian issues, or whatever reason, there's no way they'd take it back or help me out..
Total double standard...
Not the dealership only, but business in general..
Your name and address is on the sales CONTRACT. They knew this going in and just as was stated they would hold you to your end, they must uphold their end even if they must EAT the five grand.
Call a contract lawyer to get a legal answer.

Clint
That is good info Clint. All the needs are there to be a legally binding contract from what I can tell. Get ahold of a local contract lawyer like Clint said. Ask the dealership if this is worth court costs and fees and a hit to the BBB? they may just back down and honor it. Also get in contact with Nissan and see if they can do anything.
Good advice guys...

Ourbaby wrote:
Also get in contact with Nissan and see if they can do anything.
Funny........If the dealership can't do anything about it, it's a said state of affairs when I'm the one doing their job...

I'll keep you guys informed..
Thanx for the support...
I know what you mean. Just remember your dealing with $30,000 not a couple hundred, pay if you have to for a consult with an attorney.
Why didnt you just buy one in Canada??
Ourbaby said:
I know what you mean. Just remember your dealing with $30,000 not a couple hundred, pay if you have to for a consult with an attorney.
Well, I kinda assumed that he would get his money refunded if the deal did not go through. I think he would just lose out on the plane ticket and exchange rate. Regardless, I agree with the other guys about contacting the lawyer. You deserve to get your truck.
Why didnt you just buy one in Canada??
Canadian prices tend to be quite high...

That being said, the Canadian dollar has come up high against the greenback...
So, a $29000 US vehicle is about $31000 Can..

That same vehicle here starts at $42000...Brand new (no miles) is $52000.
I've known a couple of people that signed contracts with car dealers after the banks closed for the day, took delivery, then the dealer called them in the next day and says they need to up the finance rate because their credit wasn't as good as they initially thought. Both of these buyers ended up keeping the original contract terms with the dealer eating the difference, because once you and the dealer rep. sign the contract, it is binding. It can only be changed if both parties agree to change it.

Stand your ground and don't let them bully you into changing the contract. They knew that you lived out of state when they wrote the contract, so they can't claim ignorance on it. You would have a solid case against them. They know all of this, but they will try to get you to pay more. They also know that most buyers think that the dealer has the right to change terms after the fact. Truth is, it is a binding contract, so they can't change it without you agreeing to do so. So go get your Titan and enjoy it. They are in the wrong, but they will try to make you feel like you are. Just shove the contract in their face and tell them to hand you the keys to YOUR Titan.

Good luck!!
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Maybe you can offer one of the Illinois TT members some incentive money to stop by the dealer and meet you to buy the truck, then turn around and sell it to you private party. It would double the paperwork, but I am sure the dealer might facilitate handling all the paperwork for you.
The person who signed the deal for you is an authorized representative of the dealership. That is, their job is to sell Nissan vehicles. If they penned the deal and signed it, they are bound to abide by it.

I'd show up with a Chicago policeman and the signed agreement and ask the Policeman to make the dealership hand over the keys as the agreement states.
@MuskyHunter....

That's a great idea..And, yes...my brother-in-law has residency there, and can simply accept the truck...In fact, he's the one who test drove it for me...It's a demo, and is spotless!!!!

But here's the rub.....Since the truck is intended to leave the US, I don't pay state taxes...
Since he's a residence, he would have to pay state taxes...
Unless of course, the dealership somehow swallows that cost...

Nonetheless, i talked to Nissan USA, opened an account, and will relay any further problems to them....
And BTW, guess where the call hub is...

MY HOMETOWN!!!
Hamilton (Steeltown) Ontario....Funny isn't it...You think you're talking to somebody in Idaho, and the person on the other end could be around the corner...



On a side note, the friendly girl behind the phone says that the vehicle needs to be registered in the US FIRST, and THEN registered in Canada to make the warranty valid...
Although there's a problem...What if the office is closed on Saturday, and i wanna drive over to Canada on Sunday??
She was speachless..

Anyhoo, wish me luck...
I'm gonna call the dealership and see what happens....
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Well, pay about $2000 in taxes to get $5000 rebate, you are still ahead. I doubt the dealer would let you buy a used car tax free for Canada, then sell it to your brother in law, and then have him use the car as a trade on the Titan, which will reduce the tax paid since you are taxed on the difference. The more creative you get, life gets more complicated.
What dealership are you dealing with? I live(d) in Chicago and know there are about 8 Nissan dealers, some better than others. Maybe you can talk to one of the others and see what they say.
rrumaner...
it's at Martin Nissan in Skokie.

The main sailsman hasn't gotten back to me, after two voicemails..
They have been accomodating, and quite professional..But i don't wanna put the cart before the horse...I'll give them the benefit of the doubt, but be cautious at the same time.

Until i hear their creative suggestions, i can't say anything. Somebody should be talking to Nissan directly..
I'm sure Skokie makes many sales, and head office should be able to let it slide somehow...

MuskyHunter, you're confusing me....But please,
DO NOT talk to your Northern neighbour about taxes...
I will be paying 6% at the border, and another 8% at the DMV...

Don't wanna sound like a whiner, but like i say, if the shoe was on the other foot.....Nissan wouldn't dare let me move away from a signed contract...
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