Need trade in advice please help

[Deku]

Hello carbies ,so i am going top cut to the case...My father drives a Xtrail 2010 Nissan and he traded in this week for a ix35 so all the papers have been singed and the money is being processed to be paid to the garage is done.So the money will show in there account but we already have the new car and they have the xtrail so some magical fuck up they say the Xtrail is broken (after they came and fetched the car on Wednesday already....) and he is gonna cancel the deal but my father already signed all the papers and everything.Can they do that ? I mean how does that work i know sales men some take the cars for a spin etc and now dis car broke after 4 years of never giving any problems.The deal has been done how can a normal floor sales man have the power to do this.My question to him was if i wreck the ix35 is that gonna be your problem or my problem ?

 

[iamgigglz]

Surely there's some kind of document stating that the x-trail was handed over? On that document there should be T&Cs...

 

[Deku]

Surely there's some kind of document stating that the x-trail was handed over? On that document there should be T&Cs...

i will look at it thanks

 

[Cy0nide]

Depends on what's broken and did they test drive?

 

[Deku]

Depends on what's broken and did they test drive?

they drove it from our house to the dealer ship and never contacted us .but they did do the inspection last week of the xtrail for an hour long

 

[Deku]

Depends on what's broken and did they test drive?

they said something about the head gas something

 

[Reap3r]

they said something about the head gas something

Head gasket? Not something that just breaks.

 

[Toady001]

They should let you know in what manner it is broken. You should disclose any information regarding the state of the vehicle to the person buying, however potential mechanical failure is not something you can in good faith predict so it's a gamble on their side and they would need to prove it was something that was pre-exisitng prior to the purchase and you knew about it.

EDIT: Seeing as they spent an hour inspecting the car, if the head gasket was gone prior to collection, they would have found oil in the water / white smoke blowing out the exhaust.

 

[kamzo]

Head gasket failure is something that doesn't magically appear, You'd be seeing white smoke ( Steam) as a result of water entering the chamber during cycles. It would have been Pouring smoke ( steam ) out of the exhaust.

 

[Dilli]

It depends on what the contract says, but off the top of my head I would say they cant do anything unless there was some latent defect with the car (as car dealers claiming this after an inspection would be a long shot) or some misreprentation by you. The contract has been conlcuded, part of has already been fulfilled and they accepted the trade-in car by collecting it. That they are no longer happy with the particular vehicle is unfortunate but not a grounds to cancel the contact. Unless the contract says otherwise all risk of damage to the trade-in car was thiers the moment they collected it.

If you dont already have it ask for a copy of the previous inspection report. I would ask them to give you specifics of what the problem is, and so you can better understand when and how they discovered it. (You want them to commit to a particular version of events in writing). Also ask if the vehicle has been used since collected on Wednesday.

 

[Keenen]

Put your middle finger up, my mother bought a car in east London for 220 thousand from a dealer. The dealer knew the problems the car had. 2 years down the line after very expensive replacement and all my parents decided to trade it in, had it served at the dealer we bought it from. Serviced costed 18k. Then a week later got them to evaluate it and trade in and they offered us 22k. Car dealers are a bunch of assholes that would try sell you air if it was possible


Sent from my iPhone using Tapatalk

 

[Deku]

thanks for all the advice thing is my father was still driving with the xtrail before trade in on a daily basis and there was no smoke or white smoke coming from the car. you guys have helped me alot i will keep you up to date with the deal they want my parents to go into the dealer ship on Monday i think i must tell them not to and let them try and do what they want thing is they have a biding contract with the bank for the vehicle so technically the vehicle is the banks property

 

[Reap3r]

thanks for all the advice thing is my father was still driving with the xtrail before trade in on a daily basis and there was no smoke or white smoke coming from the car. you guys have helped me alot i will keep you up to date with the deal they want my parents to go into the dealer ship on Monday i think i must tell them not to and let them try and do what they want thing is they have a biding contract with the bank for the vehicle so technically the vehicle is the banks property

Any news from the garage on this?

 

[Deku]

okay so went to get legal advice yesterday and they lawyers said the garage cannot do much they have to prove that the car broke after the inspections ,

because the top mechanic at the dealership was suppose to do a pressure test etc on a trade in and they did not do this so there is no evidence showing its my parents fault and the day they got the new car it became there responsibility .The Dealership has the right to inspect the vehicle on the day of the delivery of the new vehicle and then cancel the deal but they drove the car of my parents premises so yeah ..the dealership said they are canceling the deal just to scare us.I phoned the bank yesterday who financed my xtrail and asked them if the dealer ship can pull back the settlement amount that they paid for the xtrail and the woman started to laugh said there is no way they can do that it will come down to fraud from there side if they did manage to get it right and they also said the deal has been done the xtrail is no longer my vehicle and so far the dealership has not contacted one of there lawyers because this could turn into a massive thing and could go to court but it will take years and if it goes to court they are not allowed to touch the xtrail or sell it and it can take over 5 years. lawyer said they cannot do anything as it comes down to number one the top mechanic did not do his job .Second the car was taken off our premises with out doing another inspection number three they had the car for 2 and a half days before letting us know something is wrong with the car after they settled the car on Thursday

 

[Reap3r]

okay so went to get legal advice yesterday and they lawyers said the garage cannot do much they have to prove that the car broke after the inspections ,

because the top mechanic at the dealership was suppose to do a pressure test etc on a trade in and they did not do this so there is no evidence showing its my parents fault and the day they got the new car it became there responsibility .The Dealership has the right to inspect the vehicle on the day of the delivery of the new vehicle and then cancel the deal but they drove the car of my parents premises so yeah ..the dealership said they are canceling the deal just to scare us.I phoned the bank yesterday who financed my xtrail and asked them if the dealer ship can pull back the settlement amount that they paid for the xtrail and the woman started to laugh said there is no way they can do that it will come down to fraud from there side if they did manage to get it right and they also said the deal has been done the xtrail is no longer my vehicle and so far the dealership has not contacted one of there lawyers because this could turn into a massive thing and could go to court but it will take years and if it goes to court they are not allowed to touch the xtrail or sell it and it can take over 5 years. lawyer said they cannot do anything as it comes down to number one the top mechanic did not do his job .Second the car was taken off our premises with out doing another inspection number three they had the car for 2 and a half days before letting us know something is wrong with the car after they settled the car on Thursday

Sounds like they were just trying to scare you.
Hopefully that will be the end of it.

 

[Deku]

Sounds like they were just trying to scare you.
Hopefully that will be the end of it.

they will keep harassing me till end of days but as long as i know the xtrail is settled and the new car is driving i will be happy sent the dealership an email this morning.and also what happened the day that my parents received the new ix35 it had a small chip in the windshield when my father asked about it the Do0$ said when you took delivery of the new car it became your problem so now we used the same shit against him

 

[Deku]

but will keep this open for another 4 weeks and update it every Friday so if someone (hope never ) goes through the same hell this can work I really believe car sales men have no souls after this shit

 

[Reap3r]

but will keep this open for another 4 weeks and update it every Friday so if someone (hope never ) goes through the same hell this can work I really believe car sales men have no souls after this shit

I agree they don't seem to have souls do they.
Seems like the law as well as the bank is on your side, just becomes a nuisance now that they keep harassing you.

 

[OsMoFF]

Wow this is shocking to hear.

I would report the sh*t out of this dealership.

Its basically the same, as soon as you drive a newly purchased vehicle off the dealerships floor it becomes your responsibility. If someone drives into you right outside the dealership you will be held liable. So now the situation in revers they don't want to take responsibility.

That was definitely a scare tactic and they know they have no grounds to stand on. But unfortunately some people are weak and do not know better and will get suckered into reversing the deal.

Glad you and the folks did not give in.

 

[Deku]

This was a hard fight going to give you guys the summarized version ended 4 weeks ago

....The dealership pulled back the settlement money from my xtrail (the trade in vehicle) and i got a email everyday saying i must return the vehicle etc ...
got lawyers and they were shocked about what happened as nobody has the authority to pull money out of your account...so phoned Ford SA they could not help me because its a demo HYundai bud they gave me the finance for the hyundai
..Called the bank after the money was pulled out and made a massive scene then i phone the ombits man of vehicles
..He said its Illegal as the xtrail is not my vehicle anymore and i told him they pulled back the money and he said i must pone the omits man of the banking industry they say its the banks fault for reversing the transaction and they will fight it out wit them .
They have a separate case against wesbank regarding this but could take years.

And every few days we get a threating email from the dealership second hand sales manager a real DOOS and all this shit ..It became such a story that my father wanted to give back the ix 35 because of all this shit and everybody says they cannot do what they did but no one could actually help us mean while our lawyers were preparing letters for the garage with all the findings.
Then Nissan garage found out about the story and offered my parents a Nissan hardbody 2017 brand new for the same price (they would be losing money)
they knew this would be a massive blow to ford and said they will go fetch the xtrail from ford as is as a trade in and they will pay for beeld front cover and all the local news papers to cover this story with comments from every one involved ..Thing is my father did not like the np300 but would of taken it just to get all this drama out and be done with it...
I phoned the ford garage and said Nissan will be collecting the Xtrail as they gonna take the car and give as a double cab brand new bakkie and we going to all the news papers and they will back us with lawyers as this is unethical and damages the reputation of all dealer ships and not just ford. Thing is the salesman use to work for my parents as a high school student so we know him and he phoned back and said he resigned because of this
and he cannot understand what the hell is going on as the Xtrail has already been fixed and some one is appying for vehicle finance. i asked him how much did it cost to fix he then said R5000...So all this shit and drama for R5000 and he told us they sold the car and he still made R12000 commission on the vehicle after repair costs...And that the deal has been done ....one week later the xtrail was still on my name and it was nearing end of the month so wtf do i pay now the xtrail that costs me R4250 or the IX that’s R7250
as the xtrail is on my name at this point my mom totally snapped as we did not know wtf was going on again and she phoned the ford garage and by some miracle she got a hold of the old man that started all the garages he is busy retiring he owns all the car dealerships in standerton,Renualt,kia,ford,hyundai and a few farming shops and my mom spoke to him very nice person he said he is so sorry as this is not how his garges has every operated and he will make it right he called in the salesman he told the old man the entire story and a few other people that was involved in this incident was called in and every one said it was unfair towards us but the sales manager kept doing his best to stop and throw this deal out
and the old man finally called him in and he got demoted and he signed a letter as he will be paying for the xtrail damages and our lawyer bills and phoned us and he apologized for everything and my parents got the first 6 months of the car repayment has been taken care off on top of all this the old man will not be stepping down as his son tried to hide this case from him he will be staying on .It just shows keep fighting guys after a very dark storm there is always a light this was really Hell i did not know if the cops were going to arrest me because i have a vehicle from garage that is not on my name ..or am i going to get smacked with a rental fine for the ix that could go up over 25K and i had to then fix the xtrail

 

[Dr Evil]

[MENTION=16719]zaffer[/MENTION] really happy for you and your folks. Karma, that sales manager for what he deserved.


Sent from my iPhone+ using my finger