Car Dealership

  • Hi Guest, welcome to the help forum. You can get fast answers to your customer service questions here. We have a dedicated team of advocates who are ready to help. Just go to the section that matches your question and ask us!
  • If you've posted a question or issue for our advocates to assist with, please be sure to check back frequently for responses and requests for clarification.
  • Did you know you can get email notifications when something new posts to your favorite forum? It's easy. Just click the "watch" link right next to the "post new thread" button at the top of your favorite forum. The rest is easy. Now you'll never miss another conversation.
  • Want to become an expert user? Drop by the How to use this forum section and all will be revealed. We'll show you how to make the most of your experience.
Apr 15, 2019
5
1
3
32
#1
I purchased a 2018 Nissan Pathfinder Platinum (demo) on April 6th. This purchase was after hours where i signed paper contract vs. electronic. However, my wife was the one that looked at this vehicle and they kept pushing it on her because it was a left over and they had extra cash on it. Long story short, I have a big family. 6 kids every other weekend and 5 all the time time....Once she got the car home and got the kids in it, they would not fit. It was so compacted that they could hardly move. I paid 5K down on this vehicle and my payment went up $140/mth also. I contacted the dealership the next day asking to cancel the loan and give my old vehicle back but they said they deal was already submitted to Nissan which was a lie because they guy that done the paper work said it would be 4-5 days due to where we signed paper instead of electronically. The vehicle was missing the entertainment package which consisted of headphones, remote and cables....The dealership finally sent me the headphones but not the rest. I asked about working a deal out with me to get something that would work for my family and they came back with a used Armada and to increase my payments another $350/mth. I cannot do this. I work hard everyday and i dont make this type of money to be paying payments like this. All i requested was to cancel the deal after 1 day and they would not. I paid 5K down and increased my payment $140/mth on a vehicle that is useless to my family and i am stuck with this for 6 years. I have purchased 3-4 Nissan vehicles in the past from different dealerships and with how things turned out this time, it will probably be my last Nissan purchase.

I also received an email from Nissan with my delivery conformation on the vehicle. I opened this and was reviewing it and i noticed my signature was on it. However, I DID NOT sign this. I did not sign anything electronically. matter of fact noone properly "Delivered" the vehicle. The guy said they would send someone down to do this, (which they never have) however they think its ok to go ahead and sign my name?

All I want is a vehicle that will cover the needs of my family and this car will not. I came across Nissan's promise to you and most of these are contradicting to the dealership.

I would love to hear back from you guys on if there is anything that can be done with this deal.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
16,794
15,414
113
New York
www.promalvacations.com
#2
Does the paperwork you have indicate you have several days to decide if you want to keep the car? I am not aware of any dealer that offers that.

Did they misrepresent how many people the car would hold? If not what you are dealing with is buyers remorse and unless a dealer offers a guarantee you’ll be happy with the car you buy - they don’t have to take it back.

My wife was in a similar situation a few years back when she went to a dealer at night just to look at a car and test drove it at night and went home with it. The next day she realized it had roll down windows and wanted to bring it back and was told no.

I would suggest you go to the dealership and talk to the manager and see if they can do anything for you. I’m not very hopeful though - once you drive off the lot, it’s yours.
 
Sep 19, 2015
4,084
5,408
113
48
#4
Some states/cities may have cooling off periods— check yours. There is no Federal law on this.

It does sound like buyer’s remorse/ lack of doing homework to see if the car could comfortably fit everyone. The Armada is a bigger and more expensive vehicle which is why the payments would be more.

As for the electronic signed contract — if you signed a paper version that may be sufficient to show agreement with the terms but you would have to hire a lawyer for that.

I think you do need to work with the dealership — this is not a warranty or lemon car issue, this is buyer’s remorse for buying a too small vehicle.
 

Carrie Livingston

Moderator
Staff Member
Advocate
Jan 6, 2015
1,142
1,155
113
45
St Louis
#5
Capacity for a Pathfinder is 7. Was I correct in reading that you need to seat 7 on a regular basis (5 children +2 adults) and every other weekend an additional 6 children?
 
Dec 17, 2018
40
40
18
41
#6
Capacity for a Pathfinder is 7. Was I correct in reading that you need to seat 7 on a regular basis (5 children +2 adults) and every other weekend an additional 6 children?
I think it's 6 TOTAL kids, as in ONE additional child every other weekend.

That said, I don't know of any states which allow for return of cars. Once you buy it, you buy it (used cars are different - at least in CA they have a 3 day cooling off period if you purchase that option and they are supposed to tell you about that). There is not much you can do except deal with it... unfortunately.

I'm curious about the loan, though... is it in BOTH your names? Yours and your wife's? Or just hers? Did YOU sign the loan/purchase paperwork? The fact that you didn't sign the "delivery" document doesn't mean much... I mean, I guess you could allege general fraud on them, but that has nothing to do with the actual purchase, so no attorney is likely to help you.
 
Jan 6, 2015
2,686
2,536
113
#8
I think it's 6 TOTAL kids, as in ONE additional child every other weekend.

That said, I don't know of any states which allow for return of cars. Once you buy it, you buy it (used cars are different - at least in CA they have a 3 day cooling off period if you purchase that option and they are supposed to tell you about that). There is not much you can do except deal with it... unfortunately.

I'm curious about the loan, though... is it in BOTH your names? Yours and your wife's? Or just hers? Did YOU sign the loan/purchase paperwork? The fact that you didn't sign the "delivery" document doesn't mean much... I mean, I guess you could allege general fraud on them, but that has nothing to do with the actual purchase, so no attorney is likely to help you.
This car is a "demo", so it should be a used car . . .
 
Likes: jsn55
Dec 17, 2018
40
40
18
41
#10
This car is a "demo", so it should be a used car . . .
Like I said, in California, there is a 3 day right of rescission for used cars BUT you have to BUY that option; HOWEVER, they are supposed to tell you it's an option and you have to initial that you don't want it, usually. I don't know about other states. I've never heard of a used car being call a "demo" though...

I think it was a new car that had sat in the dealership for awhile, but that still makes it new. It has to have over a certain amount of miles OR been sold and returned to be used (like if they let them return the car, the dealership would have to sell it as a used car).

Either way, I doubt there is an option here for returning it without bringing up some random legal argument.
 
Dec 17, 2018
40
40
18
41
#11
VoR61 i agree on it being sold as a used car.
WAS it "used"? Or was it a new car that had just been sitting around? That CAN make a difference, and your paperwork should say whether it's new or used. If it was just sitting around, that's still a new car (and with the promotions and stuff, it sounds like it was being sold as a new car that they were trying to offload since it was a prior year's model... they need to make room for the newer ones).
 
Jan 6, 2015
2,686
2,536
113
#12
Like I said, in California, there is a 3 day right of rescission for used cars BUT you have to BUY that option; HOWEVER, they are supposed to tell you it's an option and you have to initial that you don't want it, usually. I don't know about other states. I've never heard of a used car being call a "demo" though...

I think it was a new car that had sat in the dealership for awhile, but that still makes it new. It has to have over a certain amount of miles OR been sold and returned to be used (like if they let them return the car, the dealership would have to sell it as a used car).

Either way, I doubt there is an option here for returning it without bringing up some random legal argument.
Demos usually have a few thousand miles on them, which means they have to be sold as "used". I once bought a van with just 50 miles, and according to the dealer they had to consider it used. True? I don't know.
 
Likes: jsn55
Apr 15, 2019
5
1
3
32
#13
WAS it "used"? Or was it a new car that had just been sitting around? That CAN make a difference, and your paperwork should say whether it's new or used. If it was just sitting around, that's still a new car (and with the promotions and stuff, it sounds like it was being sold as a new car that they were trying to offload since it was a prior year's model... they need to make room for the newer ones).
The car had almost 3700 miles on it and they said it was a demo and could still sale new.
 
Dec 17, 2018
40
40
18
41
#14
Used cars usually have 5,000 miles. If it has never been SOLD and has less than 5k on it, they can sell it as new. At least, that's what my bank told me when I switched to a credit union a few years back. It took me 6 months to do it (I was just slacking) and they told me it better have less than 5,000 or they would have to run it as a used car, and from talking to car dealerships since then (I hate to say it, but I love buying cars.... I switch them way too often so I've bought quite a few over the years), they've basically confirmed that for me. So I suspect even if it had quite a few miles on it, they sold it as a new car.

Now... I wonder if OP's state has any kind of law on that... that could be an interesting argument - if they should have sold it as used but didn't.... (sorry, lawyer here... I'm always looking for some kind of interesting angle...).

OP... find out a couple of things - 1) did they sell it to you as a used car or a new car? 2) if they sold it to you as a used car, does your state have any kind of rescission rights for used cars (i.e. as a I said in CA, you can purchase for about $50 from the dealership at the time of purchase, the right to return the car within 3 days)… so if it was sold to you as used, and your state has that option, did they offer that to you? 3) If they sold it to you as a new car, was it REALLY a "new" car or should it have actually been sold "used"?
 
Likes: VoR61
Apr 15, 2019
5
1
3
32
#15
Used cars usually have 5,000 miles. If it has never been SOLD and has less than 5k on it, they can sell it as new. At least, that's what my bank told me when I switched to a credit union a few years back. It took me 6 months to do it (I was just slacking) and they told me it better have less than 5,000 or they would have to run it as a used car, and from talking to car dealerships since then (I hate to say it, but I love buying cars.... I switch them way too often so I've bought quite a few over the years), they've basically confirmed that for me. So I suspect even if it had quite a few miles on it, they sold it as a new car.

Now... I wonder if OP's state has any kind of law on that... that could be an interesting argument - if they should have sold it as used but didn't.... (sorry, lawyer here... I'm always looking for some kind of interesting angle...).

OP... find out a couple of things - 1) did they sell it to you as a used car or a new car? 2) if they sold it to you as a used car, does your state have any kind of rescission rights for used cars (i.e. as a I said in CA, you can purchase for about $50 from the dealership at the time of purchase, the right to return the car within 3 days)… so if it was sold to you as used, and your state has that option, did they offer that to you? 3) If they sold it to you as a new car, was it REALLY a "new" car or should it have actually been sold "used"?
Where do i look for these answers?
 
Jan 6, 2015
2,686
2,536
113
#16
Sound advice, I think. And I stand (actually sit) corrected.
According to Consumer Reports:

If the vehicle has never been registered (regardless of how many miles are on it), the vehicle is legally considered new. Once it has been registered, it’s legally a used car, therefore its future value is reduced by the mileage and any wear and tear.​

I have seen cases where to dealer registered it.

And according to Edmunds:

Often, the dealership's managers also use demo cars for commuting. However, dealers do not register demo cars, so the vehicles are considered new.​
 
Dec 17, 2018
40
40
18
41
#17
Sound advice, I think. And I stand (actually sit) corrected.
According to Consumer Reports:

If the vehicle has never been registered (regardless of how many miles are on it), the vehicle is legally considered new. Once it has been registered, it’s legally a used car, therefore its future value is reduced by the mileage and any wear and tear.​

I have seen cases where to dealer registered it.

And according to Edmunds:

Often, the dealership's managers also use demo cars for commuting. However, dealers do not register demo cars, so the vehicles are considered new.​
Interesting...……….thus the reason it had discounts and ALSO the reason they don't want it back. I know when the car is returned, they have to sell it as used (I've seen a couple situations where the loan didn't go through and the person has to return the car and the dealership ends up taking a hit).
 

jsn55

Verified Member
Dec 26, 2014
7,847
7,692
113
San Francisco
#19
What a deplorable situation. If you're going to haul 6 kids around, inspecting the size of the vehicle should have been the first thing to take care of. Other than working with the dealer, I can't imagine what can be done. Someone should have checked out the vehicle before you bought it. I hope you can do something other than selling it on and getting a rig big enough for all of you. What a shame.
 
Sep 27, 2017
76
100
33
49
#20
Used cars usually have 5,000 miles. If it has never been SOLD and has less than 5k on it, they can sell it as new. At least, that's what my bank told me when I switched to a credit union a few years back. It took me 6 months to do it (I was just slacking) and they told me it better have less than 5,000 or they would have to run it as a used car, and from talking to car dealerships since then (I hate to say it, but I love buying cars.... I switch them way too often so I've bought quite a few over the years), they've basically confirmed that for me. So I suspect even if it had quite a few miles on it, they sold it as a new car.

Now... I wonder if OP's state has any kind of law on that... that could be an interesting argument - if they should have sold it as used but didn't.... (sorry, lawyer here... I'm always looking for some kind of interesting angle...).

OP... find out a couple of things - 1) did they sell it to you as a used car or a new car? 2) if they sold it to you as a used car, does your state have any kind of rescission rights for used cars (i.e. as a I said in CA, you can purchase for about $50 from the dealership at the time of purchase, the right to return the car within 3 days)… so if it was sold to you as used, and your state has that option, did they offer that to you? 3) If they sold it to you as a new car, was it REALLY a "new" car or should it have actually been sold "used"?
All you need to know is if the car has been TITLED before. It could be a demo with 20,000 miles -- or a used vehicle with 500. Was there a previous bill of sale? Running a CarFax on the vehicle should show if the car had been titled to a prior private owner.