Consumer legal advice is needed

fak3r

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As the title states, I am looking for some legal advice on a consumer issue that I've recently ran into. I am willing to compensate someone for their search/advice as long as this advice is legit (referenced, etc) and could potentially hold up in court (it won't go that far but the point is that it needs to be legitimate). I know lawyer fees are quite high but I was thinking somewhere in the area of $50. PM or post up if you are interested in taking on this quick search or can provide or have some insight into the issue.

Here is the situation:

After getting rid of my Cobra, I picked up an 05 Nissan Maxima from a local VA dealer. (No names will be used as of yet). At the time of purchase, I was told that this car was a consignment and while the dealer had the permission to sell the vehicle, they would have to obtain the title from the owner. I ended up getting a very good deal on the Maxima because of a dealer's mistake and the dealer ended up losing money. I was threatened by the owner of the dealership that the deal is off and I cannot have the vehicle. I kindly reminded him that I do have the bill of sale as well as all the other legal paper work signed and in my possession. At that point, he told me that they do not think they can get me the title and therefore, the car can never be legally mine. However, after reminding him of his legal obligation as a dealer to provide me with the title, I was finally told that within the month I should have it. (There are other finer details in this story such as their unwillingness to return my calls, etc but for the sake of time and space, I can cover that later). So last month (June), as my temporary tags were getting ready to expire and I went in to update them at the same dealership, I was told that the title was still nowhere to be found and they will need another month. I was promised the title by LATEST July 15th. There has been no contact from their end as of right now.

During the time of owning the car, I found out that the model of the vehicle has been altered (the letters on the back of the car have been changed from an SE to SL to make it more appealing as SL stands for the luxury edition and is therefore more expensive). I have also found out (although the carfax report does not contain this information) that the car has been in a minor accident and there has been some paintwork done to the front bumper. I had a certified Nissan dealership conduct a Pre-Purchase Inspection and found absolutely nothing wrong with the car, including that the car "does not appear to have been in any type of collision". I have the report but believe it to be misleading. I am also starting to hear a slight noise coming from the automatic transmission during gear shifts, and will be bringing the car in for service. However, that is irrelevant here.

Bottom line and the stemming question: What are my rights under the VA law in this situation? Can I, as a consumer, return this vehicle to the dealer for a full refund on the grounds that there has been no title produced within the specified period and they did in fact lie about the model of the car? Is there a specific time that the title MUST be produced by the dealer otherwise the car CAN be returned? And to be clear, yes, I would like to return this vehicle.

Any help is much appreciated.

-Paul
 
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N2DAMYSTIC

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Have they stated they would not be able to take the car back or have you not crossed that line yet? Seems to me if they took a loss they would be willing to re-coup it. May have been their plan from the get go.
 

convert03cobra

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I would try and give them the car back for a 100% refund. Take the time you've owned it as a FREE rental and move on. If they will not take the car back, gather all your evidence and seek legal. Tell the lawyer to tack on his/her fees to the dealer as it sounds like you have a solid case. I sold a car a while back and the kid blew it up...long story short, I won and the kid had to pay my lawyer and give me all the money for the car that he stopped payment on.
 

fak3r

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Have they stated they would not be able to take the car back or have you not crossed that line yet? Seems to me if they took a loss they would be willing to re-coup it. May have been their plan from the get go.

I have not crossed that bridge yet. I wanted to gather all the necessary information as far as what type of rights I have in this case. I do agree with you that they may have been planning on getting the car back bc of the loss they took. I think there is some sort of a rule where temporary tags can only be renewed once after the initial 30 days are over, and that 2nd month is coming up to a close in 6 days. So what I am wondering, is there a law that states that if within 2 months no title is produced, and therefore I can not legally register my car with the state of VA nor pass the emissions, etc the car could be returned to the dealer for a full refund?

Wait?!? You sold your cobra paul?

I did, bud. A few months back. I, of course immediately regreted it but with the way 93 octane gas prices are and how many miles I kept putting on the car every year..I thought it would make sense to have someone else enjoy it.

I would try and give them the car back for a 100% refund. Take the time you've owned it as a FREE rental and move on. If they will not take the car back, gather all your evidence and seek legal. Tell the lawyer to tack on his/her fees to the dealer as it sounds like you have a solid case. I sold a car a while back and the kid blew it up...long story short, I won and the kid had to pay my lawyer and give me all the money for the car that he stopped payment on.

I would really hate to take this to a lawyer. Just way too much hassle. I would rather have the dealership take it back since I can not sell this car to anyone else bc I do not actually have the title. Bill of sale would not be sufficient in this case I do not think.
 

mystic04

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I would at the least check the vin# at another nissan dealer to see just what model you do have, and if they sold you a model different from whats stated either higher or lower then i would think you could do more than return the car for the cost, thats out right fraud.
 

fak3r

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I would at the least check the vin# at another nissan dealer to see just what model you do have, and if they sold you a model different from whats stated either higher or lower then i would think you could do more than return the car for the cost, thats out right fraud.

The way I found out that it was not an SL is I discovered the original sticker in the glove box, which had the VIN number and the actual model. To be 100% certain, I examined the lettering on the trunk and sure enough, if you look closely enough, you can see the indentations of an E where there is now an L.
Looks like I will need to do this search on my own :) I see some good suggestions but I guess this is not a commonly spread issue so there aren't any "past performances" per say :lol:

Thanks for all the suggestions guys. I will keep you all updated on how this turns out if anyone is curious.

-Paul
 

F8LBITEva

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That sucks Paul. I hope in this case the sleazy used car dealership gets the shaft instead of the customer like usual. Sounds like they got the wrong payoff amount and sold the car to you for less than what was owed and now they have to eat it. I say F them. If you end up losing some money over their mistake just drill a hole in the trans oil pan right before you give it back.
 

fak3r

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That sucks Paul. I hope in this case the sleazy used car dealership gets the shaft instead of the customer like usual. Sounds like they got the wrong payoff amount and sold the car to you for less than what was owed and now they have to eat it. I say F them. If you end up losing some money over their mistake just drill a hole in the trans oil pan right before you give it back.

Haha Jose... man, I'm never messing with you brotha :-D
 

SVT-VNM

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Sorry to hear about selling the Cobra Paul but even worse to hear about this mess. I hope you get it straightened out - it does look like you're going to have to go the legal route since you got sideswiped on this buy. Good luck man.
 

fak3r

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Thanks Andrew. I'll keep you guys updated on the progress
 

SnakeEyes03

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Hey Paul....I read everything and you are definetly in the same boat I was about 6 months ago. I know you remember the S4, well the dealership stated it hadn't been in a wreck, and that it was in perfect condition.

After I went to a Audi dealership for some routine check-ups, I found that it needed about $8k worth of work. I also ran a car fax from another dealership on the car and found that it had been STOLEN and wrecked. Basically, I told them I was going to take them to Arbitration, and they didn't like hearing that. The only thing about Arbitration is that it takes forever.

Brother Im sorry about hearing this, and I hope you resolve it soon.

I told them that if they didnt refund my money Id take them to civil court and that I would look for full money back, and all the money I lost on court costs and maintance on the car.

After the owner heard of this (and knowing I was a cop, and had very powerful lawyer friends) they ended up giving me the 05 Benz for next to nothing. I swear I will never go to another mom and pop dealership again.

You truely need to go speak w/ a civil lawyer. I have a few guys you can speak to if you'd like. I'm honestly not sure how much they charge.
 

fak3r

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Hey Mike, yes I do remember the S4. I am glad you got that resolved.
To be honest, at this point, it's not really about the potential front damage or the letter model altering. The fact is...they still haven't been able to produce the title for the vehicle and this is 2 months after I've paid in full for it. And if I remember it correctly, a dealership can only issue a buyer temporary tags for 2 months, after that, the car needs to be registered with DMV and that would be impossible to do considering that .... well, I don't have the title.
I'm more curious to know if the dealership does not produce the title by the 26th, which is when my 2nd month of temp tags expires, can I legally return the car to them for a full refund? I would say I am 60% confident that they actually WANT it back to sell for more money. But THINKING vs actually KNOWING the law behind it are two different things. Do you have any ideas, Mikey?

-Paul
 

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