Power Nissan Chandler / spot delivery scam
We purchased a used SUV from them, the salesman was awesome! The Finance Manager was a tool his first "deal" was about 3k over priced, so 6hrs and 3 "deals" later we settled on a price signed the contract with the only add-on being GAP insurance and left with the SUV... A few days later we got a call from the "Finance Manager" saying the financing had fallen through. This seemed strange to me because we had a signed contract with payments, interest rate, and a lender stated on it, so I contacted our attorney he reviewed the contract and said it looked binding to him. I have since been in contact the Attorney General of Arizona and was told this practice has a name "spot delivery scam" and is commend in Arizona, most people take the dealers word when there told they will have to have a co-signer, put more money down, or bring the vehicle back. But I was told by the Attorney General and my personal Attorney under Arizona Law:
If you have signed papers, you own the car, regardless of whether the vehicle has been financed.
Your credit was good or the dealer would not have delivered the car to you at the price you agreed to pay.
A finance document showing payments, deposit, interest rate and other financial items is a binding contract, giving you specific legal rights.
You own the car subject to making payments only. The dealer cannot change that once you take possession.
Keep all copies of your paperwork and anything else associated with the sale (including calendars, photographs, advertisements). If the finance manager asks for your papers at any time for any reason, refuse! Keep these documents in a safe place, not the car.
If you are called back to the dealership to sign additional papers, either do not go or do so in a different car than the one you bought.
Have a friend or spouse drive you and witness whatever is being told to you. This will prevent the dealer from taking your car as hostage, an all too common happening.
If a dispute arises with the dealer over the contract and the dealer demands the car is returned, park it in a garage or remote location until the matter is resolved, to prevent it from being taken against your wishes.
Put together a complete timeline of everything that happened from the time you thought of purchasing the car until the car was taken away.
Try to remember specific names of dealership personnel and any statements that were made to you during conversations with the sales and finance staff.
Keep track of all monies you had invested into the purchase, including registration, insurance, down payment and trade. Never pay cash and always get a receipt!
So the bottom line is they unlawfully take possession of the vehicle we plan to file a lawsuit.
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