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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118789
Experience:  Attorney experienced in commercial litigation.
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I recently bought a car from AutoNation Nissan 104. When I

Customer Question

I recently bought a car from AutoNation Nissan 104. When I brought my care in 5 days after purchasing to get the clear bra put on, they had "thrown in" the PermaPlate external and interior protection package. Before accepting, I had asked if the PremaPlate fiber guard would change the look of my interior. They said no.
When I picked up the car, it looked terrible on the inside. It was blotchy, from the leather seats, to the dash. It looked like someone had done a terrible Armoral Job trying shine up a used car, except my car was brand new.
I returned my car, complianed and was told they would fix it or put me in a new car. I told them that I wanted a new car parked next to mine when I came back in to look at it after it had been fixed. They were aware I would be traveling the next week for business. When I came back to look at the car, they told me my financing had gone through and that they could not give me a new car. They were literally just buying them selves time for my financing to go through. I would have insisted on getting a new car and not given them the opportunity to try to make it wright, the day I first dropped it back off, if I knew they would only replace the car within a certain time period.
When I went to look at it after they "fixed it" it looked better than before, but still had blotches on the leather seats and dash. Not as bad as before, but it still is noticeable.
I contacted a PermaPlate rep and they came out to look at my car and to apply a 3rd coat of the product to my leather and dash to hopefully help. Over the phone the rep said from what I was describing, he is not convinced that the first application was actually their product.
I got the dealership to agree to replacing my leather seats within 30 days of the PermaPlate rep coming out, but honestly I am not comfortable settling with that.
The PermaPlate rep confirmed that AutoNation Nissan 104 had applied something to all the plastic in my car, glove box, doors etc. That was causing the high shine on areas that should be matte. I have given it a month to "evaporate etc." and it still looks like someone tried to shine up an old car... it has made the interior look very cheap.
I'm at a stalemate with the GM of the dealership. I am working on finding contacts at AutoNation and Nissan to file complaints, as well as plan to file a complaint with the Colorado Dealership License board.
Should I be contacting my finance company as well? Would they be able to help me fight for the new car?
Any guidance would be appreciated.
Jen
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Was this a used car or brand new car purchase?
Have you given them WRITTEN notice that they have caused damage and are in breach of contract and also negligent in what they have done to the car?
Customer: replied 1 year ago.
It was a brand new car. No I have not given written notice.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Okay, as it is a brand new car you are covered under the state lemon law as well as the Manguson Moss Warranty Act and state warranty act. I asked about giving them written notice, because that documents your claim and puts them officially on notice.
You need to tell them that they are liable to replace all of the parts and if they cannot replace the parts they damaged, then under the lemon law you demand they give you a new car or refund your money and cancel the transaction.
Tell them if they refuse, your next step is a complaint to the state attorney general and also to the state DMV dealer licensing unit for their breach of warranty and unfair and deceptive practices and failure to honor the lemon law.
Send a copy of the letter to the dealer and also the manufacturer.
If they do nothing, file the complaint with the attorney general and the DMV. In 99% of those complaints they are able to resolve the issue without any court action. If they cannot resolve the issue, then your final option is to file suit against them for refund or replacement of the vehicle.