(10/20/11) I needed money to pay off my pregnant wife's doctor before he will perform her scheduled c-section next week, so I went in to a Honda dealership and traded in my very reliable 2003 Honda CR-V (with 93,750 miles on it) for $6500, and got a 2004 Nissan Maxima for $4000 and had positive equity of $2500 (minus title, paperwork, inspection etc). They said they would probably cut me a check for $2253.60 on Monday (today is Thursday). The finance guy told me that they needed time to make sure that the title was clean and for the accounting department to OK the check.
After I signed all of the paperwork (which was filled out by them after each paper was sent through their printer and presented for me to sign), I drove away with the Maxima. Then enviable happened, within 10 minutes I noticed a major transmission issue. After some research, I found out that the 2004 Nissan Maxima's transmission has issues after it heats up. I know that they sold me the car "as-is", but my wife seems to think that since I haven't received the check, the contract hasn't been finalized.
I knew that she might have a valid argument, but I wanted something more substantial to argue with. So I scoured all of the paperwork I signed and found some glaring mistakes. In the "Retail Purchase Agreement" they put that the vehicle I traded in had 93255 miles on it. When I saw that, I knew that might be wrong. I remember thinking that a few days ago it had close to 93700 miles on it(but that maybe I was mistaken). I then found some paperwork from the same dealership when I had routine service done to my car on Sept 27, 2011. Low and behold, under mileage it says 93,255, the same as the "retail service agreement".
I also signed a "odometer disclosure statement" (that they printed out), and it also said 93,255 miles. I asked the finance guy at the time if I had to print my name where it says "I,__________(transferor's name, Print), and he told me no, so it was left blank (I did sign it, as he did as well). I also signed a "Texas Disclosure of Equity in Trade-In Motor Vehicle" that had the Honda dealership's name, correct street address, but wrong city, state, and zip. Every other document I signed had their correct address on it. From my research, I don't think that they had to even make me sign that form because the vehicle is not being purchased under a retail installment contract.
Do you think I can take the Maxima back in the morning and get my Honda back? Is the wrong mileage (by more than 500 miles on the car I traded in) that they put on the Retail Service agreement enough by itself to null and void the contract (especially considering I have proof that they got the mileage reading from their Service department's computer system on Sept 27)? Thank you in advance for any help I receive.
After I signed all of the paperwork (which was filled out by them after each paper was sent through their printer and presented for me to sign), I drove away with the Maxima. Then enviable happened, within 10 minutes I noticed a major transmission issue. After some research, I found out that the 2004 Nissan Maxima's transmission has issues after it heats up. I know that they sold me the car "as-is", but my wife seems to think that since I haven't received the check, the contract hasn't been finalized.
I knew that she might have a valid argument, but I wanted something more substantial to argue with. So I scoured all of the paperwork I signed and found some glaring mistakes. In the "Retail Purchase Agreement" they put that the vehicle I traded in had 93255 miles on it. When I saw that, I knew that might be wrong. I remember thinking that a few days ago it had close to 93700 miles on it(but that maybe I was mistaken). I then found some paperwork from the same dealership when I had routine service done to my car on Sept 27, 2011. Low and behold, under mileage it says 93,255, the same as the "retail service agreement".
I also signed a "odometer disclosure statement" (that they printed out), and it also said 93,255 miles. I asked the finance guy at the time if I had to print my name where it says "I,__________(transferor's name, Print), and he told me no, so it was left blank (I did sign it, as he did as well). I also signed a "Texas Disclosure of Equity in Trade-In Motor Vehicle" that had the Honda dealership's name, correct street address, but wrong city, state, and zip. Every other document I signed had their correct address on it. From my research, I don't think that they had to even make me sign that form because the vehicle is not being purchased under a retail installment contract.
Do you think I can take the Maxima back in the morning and get my Honda back? Is the wrong mileage (by more than 500 miles on the car I traded in) that they put on the Retail Service agreement enough by itself to null and void the contract (especially considering I have proof that they got the mileage reading from their Service department's computer system on Sept 27)? Thank you in advance for any help I receive.
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