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Power Nissan Chandler / spot delivery scam

1 United States Review updated:
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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.

Va
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Comments

  • Kr
      2nd of Mar, 2009
    0 Votes

    Thanks for the complaint! I think it's going to help me out in a very similar situation that I'm having with Showcase Honda

  • Er
      29th of Aug, 2009
    0 Votes

    I just had the exact same experience at Power Nissan Chandler. I leased a vehicle a little over two weeks ago from a salesman by the name of Aaron Hammer. Yesterday I received a call from Brian George in their finance department telling me I needed to come in to sign some paperwork that they had misfiled. I specifically asked him on the phone if they were trying to ask me for more money for the car, but he assured me they were not. However, when I got there today I spoke with Finney Cheadle, who instantly told me that I would need to pay more if I wanted to keep the car. Thank you so much for this information. My suspicion was that they had no legal grounds to demand more money from me. Your information here is very reassuring. The fact that it happened at the exact same store is incredible! Is there any counter measure that can be taken to stop them from continuing this practice?

  • Ja
      31st of Dec, 2010
    0 Votes

    The service department says they are just too busy to help. "Go away, make an appointment and come back again later" is their line. Unsatisfactory on so many levels. I witnessed, through the window, an office with a seemingly adequate number of staff bustling around inside. (It took them 10 minutes to notice I was waiting) Come on, people! Are you really that busy or just LAZY?
    If Nissan corporate HQ was aware of what was going on at this dealership, heads would roll!!! They really need to re-staff the Power Nissan Chandler service department with people that aren't so lazy and WANT to be helpful to customers and work. Some "service", indeed.

  • Tj
      24th of Jan, 2011
    0 Votes

    I bought a car 12/18/2010 at power nissian in Chandler. I came in with my own financing and met with Ryan, in sales, who I had been dealing with for the past few days per an on line inquiry I made after much research. I test drove the car I came in to see that was advertised for around $20k (my budget). Once we sat down and started to negotiate with 2010 nissian altima, along with my trade, in we came to a price of $20, 421. Which was ok till I got into the Finance office with a guy named Kurt. I told him I had my own financing through a bank of my choice, who had pre approved me and my credit score of 815 for 24, 000. He did his job, and proceeded to tell me I could get better interest rates by going through his financing, which I declined. I left that evening, in my new Altima, after having witnessed (along with another person, who was not a co-signer) Kurt notate "going with own bank, " I was under the impression I was being financed the way I originally had planned through my bank. Two weeks later, I recieved a letter from my bank declining my loan application, which red flagged me, since I was preapproved. I immediately called the dealership, and spoke with Ryan who assured me it was a mistake, to tear up the letter, and that they would never have let me leave if the financing had not cleared. Fast forward to a week ago when I still had not recieved a payment notification from my bank, regarding my loan. I recieved another letter, from a DIFFERENT bank, telling me how thrilled they were to be financing me...much to my shock/dismay. I went back to the dealership, talked directly to finance manager (Mr. Hayes), who tried to calm me down by telling me that I had been "Denied by due to inexperience (again credit score is 815)...so we went elsewhere to finance...and actually got a better rate...blah blah blah." After investigating this claim with my bank thereafter, I found that the preapproval I came in with, was in fact never withdrawn and processed (meaning they deliberately did not go through the financing I had come in with/requested.) They shopped me to three competing banks, pulled my credit, and then lied to me about why I had been "denied" by my bank. They did this all without notifying me. I was two days late on my payment...which I only found out after I made a call to the bank that financed me, since I had still never recieved that payment coupon/notification, that should come with a car loan. That said, this was the first time I have have ever purchased a vehicle, and after this experience, I can say I will never purchase a Nissan ever again, and I will certainly not be referring any one to Power Chandler. CAUTION when dealing with their finance department.

  • La
      7th of Mar, 2011
    0 Votes

    DO NOT buy/lease from Nissan Power in Chandler. They are crooks and scam artists.

    I recently leased a 2011 Nissan Rogue. The salesman ran my credit, showed me the payment options, we agreed and I signed the lease and drove off with the car. All indications were that the car was mine. He never once stated anything about a spot delivery, which means there was a chance the lease could be denied later, or I could drive off with the car and they work the details out later.

    Never once mentioned that to me. They called me a week later and said I was rejected because of my credit history. My credit has been near flawless over the past few years. It was 4 years ago that I had a lot of issues. I've worked really hard to improve this. Over a week later I was told my contract and lease agreement meant nothing and I had to bring the car back. I was never told this and had all legal documentation and lease agreement to show.

    They said I wasn’t approved to lease, BUT was approved for a loan to buy the car?!? The "best" they could off is $414 a month for 60 months. They could get it down to around $380 a month for 66 months. I came into the dealership thinking between $350-370 tops a month for 60 months to buy. I know my credit isn't that bad. I don't know what APR they were offering, but every article I read about this "spot delivery scam" is coming true to a T. They called me back a week after we got the car, told me I wasn't approved, told me I had to return the car or pay more money for more months. 3 weeks later, I am still negotiating. It's ridiculous. I haven't had peace of mind in 3 weeks because of Nissan. I told them that I couldn't do those terms and said I would bring the car back on Saturday (it being a Thursday).

    They called me back, first time in a week mind you, and said they just got word from their "higher ups" and that this situation has to be resolved today.

  • Cv
      15th of Mar, 2011
    0 Votes

    I bought a 2011 nisan versa bc i was told if i wanted financed thats the only one the bank would accept. so i did.. a week later i get a call to come in and sign the approval papers. when i came in i was in shock to find there were no approval papers in fact they were asking for the keys bc i didnt get financed.. The manager then told me not to worrie the bank capital one approved me for 12000 out the door. confused as i wanted a used car to begin with and was told i couldnt by the salesman.
    I was given a 2007 nissan versa.. over a week ago.. today i got a call saying i didnt get approved and i either need a co signer or more money dwn. to keep the car. i then said how didnt i get approved when i was told cap. one approved me for 12k out the door. ... pinacle nissan shame on you. im def looking into my rights

  • Ea
      6th of Jan, 2012
    0 Votes

    Would love the follow up on this case if you have one, or if you litigated it and what the case number and outcome were! Thanks! In a similar situation!

  • Li
      23rd of Oct, 2012
    0 Votes

    This has happened to me also at Volvo of Phoenix. They have made me sign the contract two times and I will not sign a third. I am sick to my stomach of this dealership and lack of professionalism. The first lease I signed was on 09/18/2012 and it was for 3 yrs at $545.00 per month. They also promised $1800 towards payments which I have not received yet, THANKFULLY I asked for an IOU. Then they came back to me saying that they could not secure financing but if I took a 4 yr lease then then could do it, so then on 09/27/2012 I signed the 4 yr lease at $563.04, which seemed like a good idea because they increased my mileage allotted from 10k to 15k. NOW they want me to sign a third contract, and it was outrageous they wanted $600.00...at this point I will not pay ONE penny over the last contract I signed. This is like a joke! I am filing a complaint with with Attorney General, PLEASE BE CAREFUL!

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