Seeking legal advise against Dealer
Seeking legal advise against Dealer
I don't post much on here but have been an avid G35 enthusiast since 2003. The car is extensively modified for those that know me I'm pretty meticulous about the care of my car.
I had to take it to the dealer for the Fuel line recall... There are 3 rules I always say to Tustin Infiniti.. Thats:
1. Don't wash the car
2. Don't put the car on a lift
3. Don't drive the car off of the lot
Now I understand 2 and 3 would have to be done during certain circumstances however in the case that I brought the car to the dealership they were not. I also make sure to say, call me if you need to break any of my rules. They assured me two things...
1. We never drive the car off the lot, we dont have time to mess around like that.
2. If we have to do anything, we will give you a call.
So today I go to pick up my G35 (I've had great service from them in the past getting window motors fixed) and check the odometer. Sure enough, there are an additional TEN miles on the car. Not to sound rude, but it would take an awful lot of driving around on their small parking lot to gain 10 miles. Thats a nice joy ride on the freeway with a twin turbo G35 if you ask me.
I made sure to have the assistant service manager sign on my paperwork that there are a confirmed 10 additional miles on the odometer and date it.
I'm upset. I'm sure most of you can relate, and some of you will say "oh yea well who cares." Well I have invested lots of money into my baby and do all the work I can myself on it, most dealer stuff is warranty related. It's got full top secret body kit, APS turbos, volk wheels.. and it's slammed.
So anyway, what do you guys think I should do about this? I'm not mr. sue happy, but thats pretty messed up in my book. Has anyone experienced such an ordeal and how have you dealt with it?
Thanks alot,
Pete
I had to take it to the dealer for the Fuel line recall... There are 3 rules I always say to Tustin Infiniti.. Thats:
1. Don't wash the car
2. Don't put the car on a lift
3. Don't drive the car off of the lot
Now I understand 2 and 3 would have to be done during certain circumstances however in the case that I brought the car to the dealership they were not. I also make sure to say, call me if you need to break any of my rules. They assured me two things...
1. We never drive the car off the lot, we dont have time to mess around like that.
2. If we have to do anything, we will give you a call.
So today I go to pick up my G35 (I've had great service from them in the past getting window motors fixed) and check the odometer. Sure enough, there are an additional TEN miles on the car. Not to sound rude, but it would take an awful lot of driving around on their small parking lot to gain 10 miles. Thats a nice joy ride on the freeway with a twin turbo G35 if you ask me.
I made sure to have the assistant service manager sign on my paperwork that there are a confirmed 10 additional miles on the odometer and date it.
I'm upset. I'm sure most of you can relate, and some of you will say "oh yea well who cares." Well I have invested lots of money into my baby and do all the work I can myself on it, most dealer stuff is warranty related. It's got full top secret body kit, APS turbos, volk wheels.. and it's slammed.
So anyway, what do you guys think I should do about this? I'm not mr. sue happy, but thats pretty messed up in my book. Has anyone experienced such an ordeal and how have you dealt with it?
Thanks alot,
Pete
First of all let me say, I am not giving you legal advice and I am not agreeing to representation for any matter. That said, I know you are upset but in order to sue for 'something', there has to be some kind of damage to your property. If the car was wrecked, obviously you'd have a claim, but just driving it off the lot I don't see what you could sue for. Now it'd be possible to claim that they put miles on your car and that reduced the value in some way, but for 10 miles the 'damage' would be extremely negligible. Your best recourse would be to send a sharply worded yet polite letter to the dealership and go to another dealership for service. I am sorry to be the bearer of bad tidings, but you don't have much of a cause of action. However, I speak very generally and the laws of your jurisdiction may be different, so if you are adamant about pursuing this, please speak with local counsel.
Kajoob is exactly right. Your damages are nominal so if you did take it to Magistrate Court, it would just the kind of case where the judge might award you $1 (if that). If there is some criminal statute in your jurisdiction that provides that the dealer's actions exceeded the limited license you gave them, you might find it difficult to find a cop who would charge anyone.
Also, I'd check the paperwork to see whether they reserved the right to test drive the car and whether the contract constituted the "entire agreement." If so, your instructions and conditions aren't binding.
I think that the basic idea is that there's no real harm done in the eyes of most people. They simply don't care about cars as much as you do. Most people go through regular car washes, forget to change their oil, and never warm their engine.
This is basically a customer service issue and, like the others pointed out, you can probably get something out of it if you complain well. Just explain why it bothered you so much and that Infiniti ignored your specific instructions.
To borrow Kajoob's disclaimer, "I am not giving you legal advice and I am not agreeing to representation for any matter."
Also, I'd check the paperwork to see whether they reserved the right to test drive the car and whether the contract constituted the "entire agreement." If so, your instructions and conditions aren't binding.
I think that the basic idea is that there's no real harm done in the eyes of most people. They simply don't care about cars as much as you do. Most people go through regular car washes, forget to change their oil, and never warm their engine.
This is basically a customer service issue and, like the others pointed out, you can probably get something out of it if you complain well. Just explain why it bothered you so much and that Infiniti ignored your specific instructions.
To borrow Kajoob's disclaimer, "I am not giving you legal advice and I am not agreeing to representation for any matter."
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Lawsuit? Are you kidding me? As if the courts don't have enough to do, you're going to bring 10 miles on your odometer in front of a judge?
Dude, I'm ****, but this is ridiculous.
Did you talk to the service people? Did they explain WHY they did what they did? Is this the first time, or has it happened before? Do they have a habit of providing bad service? Are they rude?
What if a cop wrote a ticket every time someone went 5 MPH over the speed limit? Would you consider that unreasonable? Does anyone deserve a chance to explain or make it right? Did you give them that chance? Should the cop automatically result to extreme measures to correct a simple mistake?
Sheesh. And we wonder why the world is the way it is.. What, EXACTLY, would you expect a judge to award you, and why? I have to hear this. I understand COMPLETELY that you're upset, I would be too, but court? A lawsuit?
Dude, I'm ****, but this is ridiculous.
Did you talk to the service people? Did they explain WHY they did what they did? Is this the first time, or has it happened before? Do they have a habit of providing bad service? Are they rude?
What if a cop wrote a ticket every time someone went 5 MPH over the speed limit? Would you consider that unreasonable? Does anyone deserve a chance to explain or make it right? Did you give them that chance? Should the cop automatically result to extreme measures to correct a simple mistake?
Sheesh. And we wonder why the world is the way it is.. What, EXACTLY, would you expect a judge to award you, and why? I have to hear this. I understand COMPLETELY that you're upset, I would be too, but court? A lawsuit?
You do have a couple possible courses of action but as mentioned above, unless you can show some damage to the car, which brings in issues of causation, etc., you won't be able to recover anything.
Here's an idea...if your that worrried - and I might be - then stand there and watch them perform the tsb. With the other issues of seatbelts not being re-installed and the service guys mucking up and scratching the interior - consider yourself lucky. I'll be leaving my baby tuesday for this TSB and this board has me worried.
Originally Posted by narkotic
I don't post much on here but have been an avid G35 enthusiast since 2003. The car is extensively modified for those that know me I'm pretty meticulous about the care of my car.
I had to take it to the dealer for the Fuel line recall... There are 3 rules I always say to Tustin Infiniti.. Thats:
1. Don't wash the car
2. Don't put the car on a lift
3. Don't drive the car off of the lot
Now I understand 2 and 3 would have to be done during certain circumstances however in the case that I brought the car to the dealership they were not. I also make sure to say, call me if you need to break any of my rules. They assured me two things...
1. We never drive the car off the lot, we dont have time to mess around like that.
2. If we have to do anything, we will give you a call.
So today I go to pick up my G35 (I've had great service from them in the past getting window motors fixed) and check the odometer. Sure enough, there are an additional TEN miles on the car. Not to sound rude, but it would take an awful lot of driving around on their small parking lot to gain 10 miles. Thats a nice joy ride on the freeway with a twin turbo G35 if you ask me.
I made sure to have the assistant service manager sign on my paperwork that there are a confirmed 10 additional miles on the odometer and date it.
I'm upset. I'm sure most of you can relate, and some of you will say "oh yea well who cares." Well I have invested lots of money into my baby and do all the work I can myself on it, most dealer stuff is warranty related. It's got full top secret body kit, APS turbos, volk wheels.. and it's slammed.
So anyway, what do you guys think I should do about this? I'm not mr. sue happy, but thats pretty messed up in my book. Has anyone experienced such an ordeal and how have you dealt with it?
Thanks alot,
Pete
I had to take it to the dealer for the Fuel line recall... There are 3 rules I always say to Tustin Infiniti.. Thats:
1. Don't wash the car
2. Don't put the car on a lift
3. Don't drive the car off of the lot
Now I understand 2 and 3 would have to be done during certain circumstances however in the case that I brought the car to the dealership they were not. I also make sure to say, call me if you need to break any of my rules. They assured me two things...
1. We never drive the car off the lot, we dont have time to mess around like that.
2. If we have to do anything, we will give you a call.
So today I go to pick up my G35 (I've had great service from them in the past getting window motors fixed) and check the odometer. Sure enough, there are an additional TEN miles on the car. Not to sound rude, but it would take an awful lot of driving around on their small parking lot to gain 10 miles. Thats a nice joy ride on the freeway with a twin turbo G35 if you ask me.
I made sure to have the assistant service manager sign on my paperwork that there are a confirmed 10 additional miles on the odometer and date it.
I'm upset. I'm sure most of you can relate, and some of you will say "oh yea well who cares." Well I have invested lots of money into my baby and do all the work I can myself on it, most dealer stuff is warranty related. It's got full top secret body kit, APS turbos, volk wheels.. and it's slammed.
So anyway, what do you guys think I should do about this? I'm not mr. sue happy, but thats pretty messed up in my book. Has anyone experienced such an ordeal and how have you dealt with it?
Thanks alot,
Pete
i bet that can happen...
even tho i had lil mods on my car, i stay there for service...i never leave
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or a month worth of free gas. some kind of compramise


