Hi Everyone,

I guess I should introduce myself first...I signed onto this forum about 2 month's ago (right after I got my G35, I know it's a little late for introductions...but I guess it's better late then never)...I live in Canada and I have a BS/Willow G35 coupe performance pack w/o navi (wish I knew about this forum before I bought my G...would have paid the extra for the nav...hehehe) and I've mostly been lurking around and reading some great threads, which has helped me decide on a few mods I wouldn't mind doing (Carcomputer...oh yeah baby)...I really haven't contributed too much mainly because I had no input to give...but, now I have a problem and thought I would look to the G35driver.com members for some advice.

Here's my long long llllooonnngggg story:

I had been looking for a used G35 coupe at all the local Infinity dealerships for about a month without any luck...so I decided I would breakdown and buy one from a non-infinity dealership (BIG MISTAKE)...I ended-up finding a nice used G35 coupe at an Acura Dealership, "Acura Sherway" in Etobicoke, Ontario to be exact...But, one of the main problem's with the car was the left front 18" rim...It had very bad curb damage...I asked the salesman if he could fix and match the same "matted chromish" finish of rim...he asked his service guy and they both agreed they would not beable to match the finish...then the sales manager came over and insisted there would be no problem fixing and matching the same finish...I was skeptical...but, he assured me if the finish didn't match he would replace the entire rim...I felt comfortable with this arrangement and decide to go ahead with the purchase...after about 4hrs of negotiations with the salesman and the manager, we finally came to an agreement and the final contract was typed up...but when I got the final draft of the contract a few detailed items were missing...I caught most of them and made them retype the contract (I know, this should have immediately tipped me off about how these guys do business and I should have walked from the deal...but, I was so tired of looking for a car and really wanted to complete the sale and get my G35)...one item I completely missed was the rim...the contract does read "18" rim to be repaired", but it's missing the part "if the finish doesn't match, it will be replaced"...well when I went to pick-up my car the dealership told me the repair shop wasn't able to finish repairing the rim in time, but because I had my winter tires on I could still pickup the car...I agreed and left with my new used G35 coupe...I called the dealership about a week after I picked up my car and my rims still weren't ready...this went on for over a month...conveniently, right after the legal 30 day return policy by law, the rim was ready for pickup...I arranged to come down and see the rims with the sales guy...but, on the day I was suppose to come down the sales guy called in sick...this went on for a week...I finally recieved a call from another salesman, explaing my salesman no longer worked for the company...**** this sucks...i immediately went down to the dealership to get my rims and of course the finish did not match at all...I showed the manager...he said he would look into it...he calls me back a few hours later and tells me, that the repair shop didn't re-finish the rim at all, all they did was blend it in with the original finish and that the rim must have been a different colour when I purchased the car...Oh My God...this guy is completely trying to screw me...I told him how he promised me the finish would match or he would replace it...thoughs exact words...he then expressed that he promised it would look like the other rims, but he never said anything about the finish...I was so freak'n mad...i told him that a verbal agreement was just as strong as a writen agreement...he basically laughed and said if I wanted to go that route to go ahead...obviously, fully knowing I wouldn't spend a few thousand dollars on legal fees for a rim that only costs a few hundred dollars...

Sorry for the long story guys...but what should I do?...am I totally screwed?

ARRRRGGGGGG!

 

Several options. Almost new rims with no damage can be bought for as little as $150, check the classifieds section on this site. See if the dealership would cover this cost and make the paypal payment for you.

You could also just not worry about it and live with it.

You could also take all of the wheels in and have them powdercoated or chromed.

Another option is to give the wheel back... right through the plate glass window at the Acura dealership.

I'd recommend the first option myself.

 

So, in short .. you need 1 rim to match the other 3?

 

As far as advice is concerned, most of the folks on the board are from the States, so any legal advice offered up from them may not be applicable to you.

If you feel you have grounds for a case, I would seek out representation.

--just my 2 cents

 

Small claims court.

He's been wasting your time, so might as well waste some of his.

 

1) Document the entire situation on paper, word for word as you've done in your first post (with proofreading )

2) Make a couple hundred copies of said document.

3) Every free minute you get (after work, Saturdays, whenever) sit outside the dealership and hand out the document to every potential buyer that comes on or off the lot, while alerting them of the type of dealer they might be dealing with.

Both legal and effective...

If you really stick to it for a week, any good dealership would see that the potential damage you are causing for their business is irreparable and in the end they'll realize that replacing the rim is a cheap solution.

Good luck.

 

I would go with option 1 and 3 of what neffster said.

 

I'm not sure how small claims court works in Canada, but I've used it pretty effectively in the U.S.A. Here in the U.S. , a corporation cannot go to court - even small claims court, without legal representation. If they get handed a summons to appear in court they will have to pay a lawyer. I've done this twice when I lived in NYC, and the cost of the damages I was suing for was cheaper than a lawyer, so they ended up settling. Oh, and the small claims fee was minimal. They could just not show up, but then this looks bad on them and you could just file a claim again.

 

Yes after a few days of this they will surely figure it out.

 

RIGHT ON! you should do that one!

 

If I was you I would go w/ neffsters advice, the first option seems the best, just because you can find 05 rims, which look much better. But if all fails, option 3 is also reasonable in your case. But small claims court is very effective in the US, so this might be yet another option

 

...unfortunately I have some bad news for you. While you could take the dealership to small claims court, your chances of suing successfully are slim.

Essentially, it is your word vs. that of the dealership (that they guaranteed the repair). Given the dealership will likely argue they attempted to fix the wheel (to no avail), the judge will likely rule they have at least made an effort to repair what amounts to a minor cosmetic blemish that does not affect the drivability of the car. Further, your legal position is substantially weakened by the fact that the wheel repair was not specifically itemized in your contract.

My advice would be to chalk this one up to experience and move on...a lesson learned. Save yourself more aggravation...if I were you I'd pick up a used single wheel here or on e-bay etc. Hope this helps, eh!

 

Just write it off as a learning experience. It isnt worth the time or money to sue them. Just be happy that you got a damn nice car

 

All these responses about chalking it up and making it a learning experience are just sad. Bull**** -- let someone else learn from it. I'll agree that spending $1000 in court fees for a $200 wheel isn't very bright, but bending over and letting someone stick it to me has never set well with me either. I personally refuse to lose...and at the very least to pacify myself (so I can sleep at night) I'd slash about a dozen tires on their lot just so I felt I evened things up a bit, of course thats after about 2 weeks of picketing & passing out flyers to all their potential buyers. I'm dedicated enough to actually do this - I realize most people aren't. prepares to be lectured about maturity

 

Thanks to everyone who responded to this thread...I really appreciate all your advice.

"Neffster" - Nothing would give me more satisfaction then going with Option #3, unfortunately a night in jail doesn't sound all that pleasing...but, thanks for the quick laugh.

"Sales" - I agree with you...I hate losing...espically to this dishonest A**hole...but, after reading "sliff's" post - it does become my word vs. the dealership and because they did attempt to repair it...I would probably lose...

I would love to picket there dealership...but, with a full-time day job and helping out my family's business week nights and weekends...I don't see myself having enough time to actually hurt there business...inadvertently, I would probably end up hurting myself...because I would have to picket during the times I normally nap between my day job and my night job.

Again, thanks for all your repsonses...but, i think this F'n A**hole won this round...man I still can't believe he's going to get away with this...arrrrgggg