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The dealer is in Brevard County, FL. No lawyer is involved

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The dealer is in Brevard...
The dealer is in Brevard County, FL. No lawyer is involved yet as the Nissan headquarters is dealing with the situation first.

Edie
Submitted: 6 years ago.Category: Criminal Law
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Answered in 10 minutes by:
4/1/2011
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Hello and thanks for choosing Just Answer®. I am a licensed Central Florida attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • What is your specific question for a legal expert to answer?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

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Customer reply replied 6 years ago

I wrote it all down, and sent. Then the request for county, etc. came up and you got only this. Oh well. Time is short to go through it all again. Basically I bought a Nissan JUKE and it was NOT the car wanted. It was an AWD, not a FWD (which the salesman knew for more than a week I was looking to buy). This means my reason for buying, to get better gas mileage than a mini-van, did not happen. Space in the rear for storage was taken away by the extra tire because the AWD forced it to be higher up in the rear. There are more details; but what can be done other than calling Nissan headquarters to open a "case" which I did. They will call dealer today, they said. Salesman deceived and placed an extended warranty of $1479 on contract without asking me. My answer is always NO to that. I returned one night and had that removed from contract. Salesman and sales manager are not talking to me. What is my next step? Is there fraud? Deciete? Salesman commented that with sale, they would meet their quota for the week! What can be done?

 

Edie

Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

There is a theory of law that suggests you can return a vehicle if the buyer was misled as to a material fact. For example, if you clearly stated that you needed to get at least 25 mph and were told that the car got 25 but actually only gets 20, you may have a cause of action.

 

To that end, did you clearly state your requirements for the car? If so, were you misled by the salesman?

 

Thank you.

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Customer reply replied 6 years ago

This is a very interesting point, Joseph. I will look into it further as it appears to apply in this case.

 

Thank you very much.

 

Sincerely,

Edie

Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

To expand on the Info Request, you need to consider the conversations between yourself and the salesman. If you clearly and unequivocally stated certain necessary requirements, you may have an issue. Having said that, it can't be a situation where you simply stated that you were interested in certain things. By this I mean, if you simply said, "I would like to get about 25 mph", that certainly would not suffice. For the theory to apply, the statements would need to be much more clear.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Joseph and 87 other Criminal Law Specialists are ready to help you
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Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

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Joseph
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