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Any car salesmen/consumer protection folk? Getting scammed on brand new lemon.
    #21367877 -

We purchased a brand new 2014 car. We have had issues with the vehicle starting since the beginning.

We put 5000 dollars down and traded in a car for 3500.

The car won't start most of the time. They replaced the battery because of low voltage as well as the throttle body. It's had to be towed twice now to the dealership at our expense. A few hundred miles magically appeared on the odometer. They say it can't be repaired because it's not pulling codes and they can't replicate the issue with it starting (so they claim). It's stuttering now before it starts.

The car salesmen are trying to scam us out of our 5k down payment and trade-in. We are trying to get a new car via exchange instead of dealing with the car company corporation. They have been no help whatsoever. We have the car warranty and extended warranty.

They said that it's on us because we drove it off the lot and it's depreciated from 17k to 11k as they claim.

They're seeing it as a trade in and not an exchange for a functional vehicle.

North Dakota lemon law states that car manufacturers sometimes "produce a vehicle that's considered a lemon" and "a car that frequently breaks down and seems to defy repair".

We were given a vehicle that's now spent more time at the dealership getting "fixed" than time that we've owned it. We have driven it all of six times and been stranded in negative temperatures for hours. My husband had to walk home 8 miles in -35 wind chill and got frostbite on his hands.

How can they get away with saying it's a fully functional and operational vehicle? There is obviously something terribly wrong according to the main auto repair guy and a mechanic of over 30 years who says there's a lot more wrong with the vehicle.

How do we do an equal exchange without mentioning the attorney general, better business Bureau or a consumer protection agency?

We are being taken for a ride. It seems like robbery, as 8500 dollars disappeared. They want to put us in a new vehicle at basically MSRP.

They gave us a vehicle with major problems. It is not our fault they delivered us a defective product. How exactly is it on us to fix this mistake? They seem to be trying to sell us a new car so they don't take a hit on a vehicle they can no longer legally sell.

Please help, my husband and I both have severe medical issues and he just had surgery today and has one tomorrow.

Thank you all so much we really appreciate any input or help.

Serious input only please. We are distraught and at our wits end.

Thank you all so much for reading my post and responding with assistance. Please no trolls or rude comments, we have so much going wrong in our lives and we can't take it anymore.


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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear]
    #21368391 -

No idea why no one has helped here :confused:
This is total BS

But i would use google to get some legal answers
A crime has been committed :gc:

Hope things work out...
:heart:


Sorry im not much help


--------------------
:sunny::inlove::peyotespectrum::peyotespectrum::inlove::sunny:
And to everyone who thinks life is just a game,
Do you like the part you are playing?
This is the time in life I am living!
And I face each day with a smile :smile:
My music Library of Synthesizer goodness

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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear]
    #21368400 -

you're apparently not pissed enough because you dont even say what make of vehicle this piece of shit is.  I would be raging and throwing the company who made it straight under the bus


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When telling the truth becomes an act of treason, and society chooses delusion and deception over fundamental reality, you've been invaded and infiltrated by other beings that have now integrated into your country and community.  Bless our reptile overlords who control, harvest, and eat us.

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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: sprinkles]
    #21368484 -

Nissan. They offered 10k.


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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear] * 1
    #21368507 -

Why are you worried about mentioning the attorney general?  Actually no need to mention them.  Call and tell them your story. Also File a well written letter to the better business bureau with exactly how you want the situation to be resolved.  The car guys will say whatever it takes until you just leave.  Sounds like you bought a Kia.

Edit:  ah Nissan sucks too.  Tell them you want your money back.  Then go buy a new Corolla.


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    Eat the meat that’s at your feet.

Edited by Hunter hunter (03/05/15 10:10 PM)

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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear]
    #21368628 -

Please for everything that is shroomy.

There's gotta be someone who sold vehicles or a cousin who did or some shit?

Please. We are running out of time on the first payment through Nissan (lower long term interest rate). Title and plates arrived. This has to go a week ago. I can't believe this is sitting in their repair bay.

What the fuck?


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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear]
    #21368730 -

Go in there with a straight face in a calm manner and simply tell them EXACTLY what you need done. Don't compromise with them tell them exactly what you need face to face. If they refuse tell them you'll be seeking legal help and do so. Or contact the better business bureau (why don't you want to?)


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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear]
    #21368946 -

You're going to have to go through channels other than the people who sold you the car in the first place. They've made it clear that they don't want to make things right so you have few other options available.

Tell them your demands, tell them you won't compromise and that if they don't meet your demands in a timely manner, you'll be taking it to a lawyer. Tell them that if you go through a lawyer you won't just be seeking a full refund or for a new car from them. You will be seeking attorney fees and damages as well.

They are going to do whatever they can to prevent lost profits or pay out of their pocket, if you let them get away with it, then they will. I don't know what you expect to hear from a car salesman or from someone who knows one that no one else is capable of telling you.


--------------------
With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline

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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: Shroomslip]
    #21368991 -

Talk to a lawyer.  Apparently, if you win, the manufacturer/dealer will pay the attorney's fees.


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"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak

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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: All We Perceive]
    #21369012 -

I'm pretty sure there would be some kind of legislative protection preventing this kind of thing. There's usually some kind of ombudsman/free legal aid service you can engage to help you with the issue too.

But yeah as awp said, prob a good idea to consult with a lawyer


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R.I.P. WoodRuss67, Todcasil, TheMerryIguana, The Rompus, Lord Senate.
[/url]

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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear] * 2
    #21369833 -

You are protected by a federal and state lemon law, both of which have attorney's fees in the statute.  You should have no problem getting an attorney to represent you and get your matter resolved.


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Censoring opposing views since 2014.



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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: Enlil]
    #21370436 -

Thank you, Enlil.

My husband contacted Consumer Protection at the BBB. His personal injury lawyer referred us to a Lemon Law attorney in ND. We live in Minnesota so we are saving every gas receipt on loaners, every tow receipt, lost wages from us both being out of work. The attorney's office verified we are covered by Fed and State and it's not the first time this dealership has had BBB/consumer protection and attornies. She said she can't speak for him but this is something he's familiar with.

It begs the question - do we return the loaner and pick up our Lemon?

Do we make our payments on the Lemon? My husband believes so since the financing is done through Nissan and we don't want them to have the ability to take the car back (and credit score hits - husband and I both have immaculate credit).

We are going there today. We are giving them one last chance to get this done before we mention lawyer or the BBB consumer protection. Husband would like to walk out with them not knowing we are seeking legal recourse.

He wants to know if we can record the conversations in the dealership. There are no signs posted to not, and we won't be recording in a bathroom or a shower or other such place with a reasonable expectation of privacy. We have a time line and records.

Can these audio recordings be used against them via an attorney?

Can we face criminal charges for recording without their consent? It's a public area and they film/record customers themselves. Husband doesn't see why we couldn't but we don't want to be pouring salt on a wound.


Thank you all much for not trolling or flaming in this thread. It's very serious and my husband has had surgery and procedures the past two days straight.

:heart: :mushroom2: :heart:

~ Poohbearicus


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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear]
    #21370469 -

Listen to Enlil.  Get a lawyer and stop fucking around with this.  The longer it goes the harder it will be to resolve.


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There is no truer calling for mankind than that of true conservatism.

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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear]
    #21370486 -

Here in WA you can not audio record anyone without their knowledge and permission.  I would not be admissible, but your state may be different.  Id do it anyway though, if you can use it great, if not oh well.  Its easy to find out laws pertaining to that.


--------------------
When telling the truth becomes an act of treason, and society chooses delusion and deception over fundamental reality, you've been invaded and infiltrated by other beings that have now integrated into your country and community.  Bless our reptile overlords who control, harvest, and eat us.

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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: sprinkles]
    #21370535 -

Shold we pick up the lemon today? We won't be able to sell it to a different dealership. Six have said they wouldn't even want it to sell as a used car.

Losing 5 grand is ludicrous. They don't even have our trade in anymore.

I am afraid of getting a replacement, then trying to sue for the lemon Nissan's 5000 and remaining change from the car trade in.

Thank you all again.

:heart: :mushroom2: :heart:

~ Poohbearicus


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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear]
    #21370556 -

I'm no expert but I'd say keep the loaner. Might want to double check but I'm pretty sure it's the dealerships responsibility to pick up the costs in a case like this. You bought a car under the reasonable expectation that you'd have reliable transportation (I mean this wasn't a used car lot where everything is sold "as is". You even have it under warranty) and that if something were wrong that they'd make things right. They haven't even really attempted to make it right. You shouldn't be denied reliable transportation because they sold you a lemon and refuse to fix the issue.

I personally wouldn't have waited this long to consult with an attorney, I only say go back and give them the demands and tell them you won't compromise because you seem so adamant about not going through the legal channels provided to you for matters just such as these. Though I doubt going back and making the demands will really get anything more accomplished. They've been given ample time to correct the issue and have blatantly refused to do so.

But yeah, Listen to Enlil above all others when it comes to legal matters, he is after all, an attorney.


--------------------
With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline

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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear]
    #21370565 -

BabyBear said:
Shold we pick up the lemon today? We won't be able to sell it to a different dealership. Six have said they wouldn't even want it to sell as a used car.

Losing 5 grand is ludicrous. They don't even have our trade in anymore.

I am afraid of getting a replacement, then trying to sue for the lemon Nissan's 5000 and remaining change from the car trade in.

Thank you all again.

:heart: :mushroom2: :heart:

~ Poohbearicus


This is the question to ask your lemon lawyer.  It's time to get one.  You shouldn't even be thinking about selling the car or trading it in.


--------------------
Censoring opposing views since 2014.



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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: Enlil]
    #21370600 -

I think it would be wise to continue with the payments. That way there is nothing they can hold against you


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Ach en wee ben ik de klos, met mijn boog schoot ik een albatros...

A philosopher is a person who knows less and less about more and more, until he knows nothing about everything.


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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: Enlil]
    #21370650 -

Enlil said:
BabyBear said:
Shold we pick up the lemon today? We won't be able to sell it to a different dealership. Six have said they wouldn't even want it to sell as a used car.

Losing 5 grand is ludicrous. They don't even have our trade in anymore.

I am afraid of getting a replacement, then trying to sue for the lemon Nissan's 5000 and remaining change from the car trade in.

Thank you all again.

:heart: :mushroom2: :heart:

~ Poohbearicus


This is the question to ask your lemon lawyer.  It's time to get one.  You shouldn't even be thinking about selling the car or trading it in.


Solid device from the law himself. Some more solid advice is to get the hell out of North Dakota!

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Re: Any car salesmen/consumer protection folk? Getting scammed on brand new lemon. [Re: BabyBear]
    #21370768 -

BabyBear said:
Shold we pick up the lemon today? We won't be able to sell it to a different dealership. Six have said they wouldn't even want it to sell as a used car.

Losing 5 grand is ludicrous. They don't even have our trade in anymore.

I am afraid of getting a replacement, then trying to sue for the lemon Nissan's 5000 and remaining change from the car trade in.

Thank you all again.

:heart: :mushroom2: :heart:

~ Poohbearicus


Sorry this happened to you. These sound like questions for your local lemon lawyer though not for people on a mushroom forum. Good luck.


--------------------
Long live kratom :kratom:

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