Recent Feedback
I would like to know if I have grounds for a lawsuit against Gladstone Nissan . I sent this letter to Nissan the day I wrote it through their website. They never responded back. Jan 29th 2012I am not sure of the exact date yet I am sure Gladstone Nissan can tell us. Anyway, I walked into the show room one day and fell in love with a silver 370z I drove it and worked a deal to purchase the car with a trade in paying full sticker price. After all the documentation and about 3 hrs I had my brand new car and left. The next day I received a call from Nissan telling me I needed to come back in due to a paper work problem. I drove back to Gladstone to take care of the problem as to their request, signed the papers they needed and came back home. The next day I got another call from Nissan saying they had a problem again and needed me to come back again and re-sign. So again I drove back from Washougal Washington to Gladstone Oregon to again sign these papers. I complained about this and they apologized yet I still had to make the trip putting more miles on my brand new car. The next day I got a call again from Nissan saying there was still again a problem with this paper work yet they wanted to come to me to take care of it. I instantly said no! I want to speak to the manager. They refuse saying he was in a meeting but don't be mad we will come to you with the papers, where ever you want. I told them I wanted to speak with the manger. Please go and get him out of his meeting. Then I was informed he has went home and was not on site. The next day I showed up and spoke to the man who fills out the paperwork and asked him what is the problem and why do I keep having to come back? He again apologized and had me sign some papers and I was then again on my way out the door. A couple days later I got pulled over by the police for going 32 miles per hour in a 25 mile per hour zone and was asked for my license, registration, and proof of insurance. I gave it to the officer and he asked me why my vin number does not match? I said excuse me? He said yes your vin number does not match the insurance card, or the registration. Luckily this policeman is from Washougal and I am a business owner in Washougal and they know me very well although I did not know this officer personally. They just did not know the new car. Anyway then I was pissed and could not believe I was driving a different car then all the paperwork I was having to sign over and over again. OMG! I instantly called the dealer and complained and went back to the dealer (Gladstone Nissan) again the next morning. I was very upset yet trying to keep cool, I asked where is the car I bought? I was told it is the white one out front. I said lets go take a look! We went out to see the car and it did not have the rain guards on the finders like the other car and it was white instead of silver. My paper work was a mess and beyond reversal due to the down payment, the loan, the insurance. I told Gladstone that ok. Put the rain guards on this car and I guess I will just take have to take this one. They said ok and would get the guard in a couple of days I can come back and they will put them on. A few days later we got a call telling us to come on down. When we arrived every NISSAN 370 in the lot had a BIG RED TAGE in the window saying FACTORY $8000.00 OFF. I paid full price for mine and had not even taken full possession yet and already lost $8000.00 in equity. I told them I want to have them honor that for me. I was informed that they would not due to the date on the paperwork. When I picked up my car after the rain guards were put on, when I went to get in my car there was a crumpled up safety mat that was filthy on my floor in my brand new car. (What professional would leave this like that?) Anyway, I got my car I was upset to say the least and I left with my now white car that I actually tried to purchase silver and $8000.00 instant equity loss. After 3000 miles I called and set up an appointment to have the oil changed and that went well enough, so it seamed. It did not seem like anything out of the ordinary yet now I am finding out that they did not even service my car. Turns out my car does not need an oil change until 6000 miles. (They did not tell me they did not service it.) They simply acted like everything was done and gave me back my keys. I found out from another dealer that my service was never done. At least not in the computer. They just had me park it there and then sent me out with a thanks have a nice day. As if everything went great. A short time after the (supposed) oil change I noticed a hole when vacuuming in the carpet on the drivers side. This was on the left side floor right on the crease or corner where the carpet meets the sidewall. I stuck my finger in this hole and it was about 4" inches long, right on the crease and I could put 4 fingers in this hole clear to the palm of my hand. There was clearly no support for the carpet.
Optional Information: Country relating to Question: United States State (if USA): Oregon Already Tried: nothing. Called and complained. Wrote a letter and got no responce.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. You do have a cause of action here. The dealership has been deceptive with you at pretty much every turn. In addition, there are issues with the car that should not be there as a brand new car. If your seller is not willing to remedy the situation by taking back the buyer's car and refunding the buyer's money or paying the buyer the amount buyer demands based on the damages suffered by buyer, the buyer can file a claim not onlyas a breach of contract case, but also as a deceptive trade practice action,which will entitle the buyer not only to actual damages, but also an additionalamount equal to 3 times that as punitive damages. That typically providesplenty of incentive for the seller to settle this on the buyer's demands ratherthan to face the possibility of these punitive damages; but, if it does not,the buyer should file the suit.
I hope this has givenyou information that has been helpful to you. If the information seems moregeneral than specific, please be aware that we are only allowed to provideinformation and not specific advice. If you have a follow-upquestion, please remember that there might be a delay between your follow upquestions and my answers because I may be helping others or taking a break.
If you do have any additional questions aboutmy answer please click the "ContinueConversation Link" so I can provide you with a fullysatisfactory answer. Pleasebe aware that any rating of 1 or 2 is reflected as a negative rating and I receiveno credit for my answers.
Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Experience: Attorney/Developer