On Saturday, May 9, 2009 My Wife called a dealer in Sliver Spring, Maryland about a 2009 Nissan Pathfinder she found listed as present at their dealership. She spoke with a a salesman about the price of the car. Once he gave a price, she then spoke with the GM who confirmed the purchase price as the "total" price - $36,000. Arrangements were made for the dealership to set aside the vehicle as we informed them we would be there to meet with the salesman Monday May 11 to test drive and probably purchase the vehicle. On Monday May 11 approx 6:45pm, We showed up at the dealer requested the salesman, and was told he had to leave for a church function but a manager introduced a new salesman as the guy who would "take care of us". I asked to drive the vehicle, they agreed, they made copies of my drivers license, we looked at the car, and got in. The car had been "prepped" for sale, so it was washed, cleaned, all pricing was removed - in fact I still haven't seen the original sticker price. The vehicle drove as expected, and after a 10 minute test drive we decided to purchase. We sat down with the new salesman, filled out various credit forms, asking employment, salary etc, and he left to hand them to the credit dept as we were using dealer Financing for the purchase. Having only the final total number as quoted to me in my head from Saturday, I asked the new salesman to break it down for me and show me. He left again and returned with a hand written copy of what was the total as he put it. The $36,000 included the tax, tag and title which while I thought a bit odd, I found very good nonetheless since it always seems as though that's where the vehicle price jumps. The price of the car was somewhere in the range of $33,400, the tax was 2100 and the rest were two additional line items I can't recall. After waiting for a good hour for the credit dept, we met the F&I guy, made small talk and we all walked into his office. Almost immediately we started signing the contracts. The F&I guy explained the sales contract, going over every single detail, in detail. Then the finance contract was pulled out, he pulled out his black binder, and quoted me an interest rate of 1.9% which I was happy with considering my wife and I have exceptional credit, which the F&I guy also mentioned later. We went over the finance contract in great detail. We signed the finance contract. Then we signed a few forms declining additional services and/or products. Included on a pink form we signed was the odometer reading verification, limited power of attorney to do tags and title, a bailment agreement which was thoroughly described by the F&I guy as protection for the dealer should we provide them false info (reasonable enough). After we shook hands, we gathered all the documents including vehicle registration, and watched as the new salesman attached the new tags to the vehicle on front and back.
Tuesday May 12 I received a phone call from the F&I guy indicating a mistake on the contract had been made and we needed alternate financing. As I had no idea what he was talking about and at this point I still trusted him, I said sure, feel free to look. Then I started poking around and realized that what he may be pulling could be a scam. I later informed the F&I guy via e-mail that I was declining to change anything in the existing contract including the finance deal we had already agreed to. He indicated that because we received a cash back rebate from the manufacturer, I could not get the 1.9% financing. Mind you through out the entire deal, no mention of a cash back rebate was ever mentioned as being a part of the price for the vehicle nor was there ever mention of receiving one or the other. We both looked at the same contract when we all signed, and we all looked at the same data on the sales agreement when we all signed. After repeatedly calling me to the point of harassment, I e-mailed the F&I guy declining any further changes to the existing sales and finance agreement. He called again, and I e-mailed him again respectfully asking him to stop calling about this matter as I would not reconsider.
Thursday, May 14 approx 6:10pm I received a phone call from someone claiming to be the dealer attorney. I returned his phone call after 7pm, and he began to threaten me, in fact at one point he started screaming so loud and so often that I took the phone away from my ear! He has threatened me with litigation, repossession of the vehicle, accused me of lying, and basically was a complete lunatic, maniacal out of control idiot.
For starters, do I have legal recourse in this matter as described? I am a bit perplexed as I fully expect to receive their complaint in the coming days. I have all the paperwork with me, and I can find nothing anywhere that states that once we agreed to everything they could back out after determining they made a "mistake" because they offered too many "deals". I considered briefly filing a complaint on behalf of myself against the dealership for material breach of contract since it is the financing they are disagreeing about yet they haven't produced anything which says my wife and I have been declined any financing. I think I need some sort of direction. Any help is appreciated. Thanks.
Tuesday May 12 I received a phone call from the F&I guy indicating a mistake on the contract had been made and we needed alternate financing. As I had no idea what he was talking about and at this point I still trusted him, I said sure, feel free to look. Then I started poking around and realized that what he may be pulling could be a scam. I later informed the F&I guy via e-mail that I was declining to change anything in the existing contract including the finance deal we had already agreed to. He indicated that because we received a cash back rebate from the manufacturer, I could not get the 1.9% financing. Mind you through out the entire deal, no mention of a cash back rebate was ever mentioned as being a part of the price for the vehicle nor was there ever mention of receiving one or the other. We both looked at the same contract when we all signed, and we all looked at the same data on the sales agreement when we all signed. After repeatedly calling me to the point of harassment, I e-mailed the F&I guy declining any further changes to the existing sales and finance agreement. He called again, and I e-mailed him again respectfully asking him to stop calling about this matter as I would not reconsider.
Thursday, May 14 approx 6:10pm I received a phone call from someone claiming to be the dealer attorney. I returned his phone call after 7pm, and he began to threaten me, in fact at one point he started screaming so loud and so often that I took the phone away from my ear! He has threatened me with litigation, repossession of the vehicle, accused me of lying, and basically was a complete lunatic, maniacal out of control idiot.
For starters, do I have legal recourse in this matter as described? I am a bit perplexed as I fully expect to receive their complaint in the coming days. I have all the paperwork with me, and I can find nothing anywhere that states that once we agreed to everything they could back out after determining they made a "mistake" because they offered too many "deals". I considered briefly filing a complaint on behalf of myself against the dealership for material breach of contract since it is the financing they are disagreeing about yet they haven't produced anything which says my wife and I have been declined any financing. I think I need some sort of direction. Any help is appreciated. Thanks.
