David of Newburgh, NY on Jan. 1, 2010
Chris, the sales person that I contacted initially, gave me a quote for a 2009 G37 sedan and the total amount that I would have to pay in order to reach my desired monthly payment. I took the time to confirm the offer with him and asked for numbers for both a base vehicle and one with a premium package. He told me that all I would have to give George Harte was $6400 and my payments would then reflect the pay off of my vehicle. I suggested that I speak with my wife as money was our chief concern. When I called back, I told Chris that we had decided on the base model as the payments would be in the range that we wanted. He immediately told me that they did not have any base cars and that there were none in the northeast. Both of these statements were eventually discovered to be untrue. He then suggested that we split the difference of the cost of the premium package thereby reducing the cost of the car by $1000 while keeping the payments the same.
I also explained that since I had just installed tires, air filters and wipers that were better than original equipment, would they transfer them to the new car? He agreed. We set a definite time for a meeting the next day, Saturday, as the dealership is more than 100 miles from my home. My wife and I arrived at exactly at noon and were made to wait until 1:30 before Chris gave us the courtesy of his presence. We began to go over the numbers since his employer confirmed the condition and value of my trade, a 2008 G35 sedan, and we were told that when he said that all we were going to have to give him was $6400 it didn't include the value of my trade.
I asked if the deal that he offered was limited to the one car he described and while he said no, he also explained that they didn't have any others in stock. (In other words take this one or nothing else.) Since we had priced our intended purchase with other dealers and since we had already spent hours arriving at this point, we decided to take them up on their offer to split the cost of the premium package. We were then introduced to John, the business manager, who handed us a sales contract that left out the $1000 promised. After 45 minutes of argument, he returned and sheepishly said that someone had made a mistake and not informed him of the reduction.
At this point we were literately pushed out to see the car for the first time. We were told that we would have to return to have the items from our old car transferred and that they would not issue a transfer tag so that we could operate the vehicle in New York. Instead, they forced us to sign a loaner agreement for our own car and we left with dealer plates and promises that everything would be taken care of. A coupe of days later, I called John and expressed concern that all of the promises made to us seemed to have evaporated and that I wanted all of them resolved. I felt that the dealership should pick up my car at my home, leave me a loaner and return it to me fully detailed with New York registration. He declined to have the car picked up and assured me that the registration issue had been taken care of.
A day or so later, we received a FEDEX containing a blank power of attorney that would permit a company to seek the registration in my name. The letter that accompanied it explained that it was need to allow this outside company to act on my behalf. I did not return the form but rather called John and asked how if the registration was taken care of, then why did they need this power of attorney? He told me that he forgot to give us one at the dealership. During our visit to George Harte, we also asked Chris about a pre-owned vehicle that may also be of interest. He got the information about our second trade and promised us a good deal because we were purchasing a second car. We received their offer on the second car and discovered they had reduced it to the advertised price--some deal!
The following Saturday, in response to another pre-owned vehicle, I contacted another Infiniti dealer and asked if they could aid in having my new car registered. They asked to see the paperwork form the original deal. After running the VIN number, they discovered that my car had been registered with Infiniti as being owned by David T., the sales manager at George Harte. The new dealer also placed a call to George Harte and they were informed that in Connecticut transfer tags were never used, a statement later recanted by Mr. T. While still at the second dealership, I contacted Mr. T. and confronted him with the problems I had encountered and he apologized and asked how they could make things right.
At his request, I e mailed him a list of most of my complaints and the manner in which I felt they should be remedied. I stressed that all I wanted was the benefit of the deal that had induced me to come into his dealership. He told me that he would contact me after speaking with his superior before the end of the day. At 3:30, I called him asking why he failed to respond. He responded that he just reached this unidentified person but that he had agreed in principal to my requests and that they were going to meet the following day and would reach a decision by noon.
After being ignored for almost 4 hours and not getting a response to the phone and e-mail messages, Mr. T. finally contacted me. He agreed to pick up my car and leave a loaner that I could use until mine was returned. They would transfer the items from my old car, completely detail and check my car and deliver it to me with a full tank of gas. He explained that he could not undue the deal to add the missing equity to my trade thereby lowering the all important monthly payments, but, if it was ok with me, the dealership would cut me a check in the amount of my equity ($2566). He asked me if it should be sent to my office or my home and I told him to send it to my home. We confirmed the address and I asked him to send an e-mail confirming our agreement. He said that he would not be able to get to it that day but I could expect it the next day.
Sometime after noon the next day, I had no confirmation. So I sent him an e nail setting forth the terms of the agreement and a statement that if I hadn't heard from him by the close of business the following day. I would understand that the terms that were set forth were the ones agreed upon. No such response was ever to this day forthcoming. In the interim, I made several complaints to Nissan North America's Consumer Protection division for Infiniti and spoke with Emma L. at ** who recorded my complaint and promised to contact Mr. T. The only thing that came out of that complaint was an excuse that this was between me and the dealer and that she would try and get Mr. T. to call me. She did acknowledge that Mr. T. had promised to call and set up a time for George Harte to pick up my car and effectuate the transfer. She also informed me that Mr. T. never mentioned the check to her.
After waiting two more days without any return call, I once again reached Mr. T. where he promised that he would have the car picked up the following Monday or Tuesday and that he would put in a requisition for a check that would be sent soon. Monday and Tuesday passed without a response, so I called Infiniti again only to be told again that there was nothing they could do except to try and have the dealer call me. Se assured me that either Mr. T. or the general manager, a Mr. F., would call.
Finally Mr. T. called and suggested a pick up for January 4th or 5th but that his boss shot down the idea of returning my equity. I confronted him with his promise that the check would be forthcoming and that I would refrain form bringing the car back to them as I was induced to purchase it by relying on promises and representation that were patently false. He told me that he boss, the general manager, shut me down but that he was available if I wanted to talk to him.
Finally a Mr. F. picked up the phone and listened until I completed recounting all of the prior communications and my complaints and as a result of understanding my position, he would review the matter and get back to me by 3:00 pm on 12/30. It is now 5:00 on the 1st and I have not received a call form anyone at the dealership. It is somewhat confusing how they got my car registered since I never signed a power of attorney or if I did, why they said that I didn't and sent me another? I feel that I have run out of energy but the list of lies and misrepresentations continues and is incomplete. I have copies of my contemporaneous notes from my conversation with Chris, the offer for the pre-owned, the print out showing they registered my car with Infiniti with their sales manager as the new owner, the unsigned power of attorney and all of the e-mails sent to them.
I see from this and other sites that there are similar complaints referable to the unfair and fraudulent business practices engaged in by this dealership and fervently hope that a federal class action can be mounted to stop these predators. Dealership still has my wheels, tires, air filters and windshield wipers. My car has never been properly serviced for delivery, the floor mats that were supposed to be installed are from an SUV and do not fit. I have been deprived of the $2,566 which was the inducement that brought me into the dealership. I have a car in need of proper pre-delivery preparation and will have to spend time and money to go to a dealer to be properly trained in the use of all of the car's features. I have lost nearly 20 hours of my time trying to resolve this amicably and expect to expend several more before this matter is finally resolved. I understand that if George Harte Infiniti is found guilty of unfair business practices, fraud in the inducement and out and out fraud, they will be subject to punitive damages. Since my initial conversation with Chris took place while I was in New York, I wonder if New York may not be the venue where any case should be brought. Please understand I only want the benefit of the deal offered and after that I am willing to take my car and go away.
