Nissan 370Z Forum - View Single Post - The carmax and carfax fight (will update regularly)

BamBamZ · 10-29-2016, 08:43 AM

I was advised to shut up... So I couldn't give any more updates, But it's now just about over and everything is in contract.

So, My attorney pretty much slept on the case until about a month ago... I'm sure many of you saw the article on jalopnik or somewhere else about the supreme court saying that Carmax's certification process violates consumer protection laws.

California Court Says CarMax Certification Violates Consumer Protection Law

My attorney was pretty busy, But it looks like he likes dealing with carmax all at once as the same time he started emailing me about how that case was going and how he's starting on mine (only took nearly a year).

Here's a youtube video of that hearing...

https://www.youtube.com/watch?v=JtfwYwRauDI

But, Regardless how long it took I'm glad it's over and over time I just kept paying in to the Z that I'll get back.

He sent a letter of demands and gave them 30 days to respond, in 3 weeks they replied with an offer... They will pay off the Z, Take it back, Give me my down payment back ($11K), Pay back every payment I've made ($5k) and all the repairs I have receipts for ($1700'ish) and carmax will not be considered at fault for any of it. The attorney takes 10% of the higher part of $17K so he's getting I think $1760 (or something like that) and i'm getting the rest.

I don't care whose fault it is as long as I get my money back. The Z's pay off is $14K and I turn it in on Monday.

The car was actually pretty decent in between, The CSC didn't fail or act up but I see the front tires are finally showing wear, The head unit gets a bit possessed at times by turning itself on and the bumper has began to droop on the corner. But overall, Not really any recent issues.

Mods are not being repaid though, So I gave the TWM abrams M1 shift knob to a friend at work and replaced it with a cool looking but not matching dragon ball z knob I got off amazon for $15... I'm too lazy to switch back out the TWM short shifter or take off the eibach wheel spacers so it'll be a nice surprise for the next poor guy that buys it.

The attorney did say that my "clutch problem" was due to me driving it like a sports car, That I unnecessarily upgraded to "sport" tires and the pair of speakers I had a receipt for were "upgrades"... But said he'd give me the benefit of the doubt and count them.

The clutch problem was the CSC going out twice, I told the attorney that the clutch which is a wear item is perfectly fine but it was instead the slave cylinder which is not a typical wear item went bad twice because of a poor design by being made out of plastic.

That tires are not cheap for 19" wheels, The tires I got are indeed better but did not cost much more than the OEM brand tire due to a employee discount I get through my work (tirerack [i don't work for tirerack, but we get discounts from them]) and that I have it noted that the tires on there were worn out on the inside due to the negative camber so it needed to be replaced earlier than usual.

And those upgraded pair of speakers, Were from Nissan... When I bought the car the 2 speakers on the dashboard were dried out and blown. So I went to the dealership to replace them with OEM speakers... They were by no means upgraded but instead replaced.

But since they were paying for it, there was no need to make the arguments.

I'm looking at cars now to replace it maybe in another week or so, Whenever the settlement check rolls in.

Looking at 2016/17 2SS Camaro, Test drove one last week as a friend works at a nearby dealership. Fast, relatively quiet (exhaust note was prominent in sport/track mode), smooth (magnetic suspension), seats were comfortable (cooled seats worked well), steering wheel was surprisingly direct like the Z's but way to heavy in track mode and has plenty of techy toys... Visibility was poor but livable, a lot of hard plastics on the dash and doors, build quality left a bit to be desired as the gaps were not even, the window trim looked to be lifting, the dealer added ground effects fit like **** and there was definitely some wind noise coming from the mirrors. But overall, I was impressed by the car.

2017 Ford Fusion Sport, Haven't had any experience with these but they seem interesting.

2016 Ford Edge Sport, Again no experience but driving Tesla Model X's all day I begin to wish I had an SUV for the ample space when I get off work.

I'm looking for the opposite of the Z, Not exact opposite but... Comfortable, I'm fat although losing weight and 6' tall. I don't want to have to fall in to get in the car, or crawl out and feel claustrophobic each time I'm in it... After each 12 hour shift at work, Using a clutch becomes a chore, especially at the end of the week when I'm sore. So I'm looking at automatics, The camaro will be an 8 speed automatic. It has remote start with an app thingy and it's faster than a manual, it just loses a bit of it's fun factor but not enough to make the argument that much convincing.

10-29-2016, 08:43 AM	#84 (permalink)
BamBamZ Base Member Join Date: Feb 2015 Location: Mountain House, CA Posts: 95 Drives: Touring/Sport/6spd Rep Power: 10	I was advised to shut up... So I couldn't give any more updates, But it's now just about over and everything is in contract. So, My attorney pretty much slept on the case until about a month ago... I'm sure many of you saw the article on jalopnik or somewhere else about the supreme court saying that Carmax's certification process violates consumer protection laws. California Court Says CarMax Certification Violates Consumer Protection Law My attorney was pretty busy, But it looks like he likes dealing with carmax all at once as the same time he started emailing me about how that case was going and how he's starting on mine (only took nearly a year). Here's a youtube video of that hearing... https://www.youtube.com/watch?v=JtfwYwRauDI But, Regardless how long it took I'm glad it's over and over time I just kept paying in to the Z that I'll get back. He sent a letter of demands and gave them 30 days to respond, in 3 weeks they replied with an offer... They will pay off the Z, Take it back, Give me my down payment back ($11K), Pay back every payment I've made ($5k) and all the repairs I have receipts for ($1700'ish) and carmax will not be considered at fault for any of it. The attorney takes 10% of the higher part of $17K so he's getting I think $1760 (or something like that) and i'm getting the rest. I don't care whose fault it is as long as I get my money back. The Z's pay off is $14K and I turn it in on Monday. The car was actually pretty decent in between, The CSC didn't fail or act up but I see the front tires are finally showing wear, The head unit gets a bit possessed at times by turning itself on and the bumper has began to droop on the corner. But overall, Not really any recent issues. Mods are not being repaid though, So I gave the TWM abrams M1 shift knob to a friend at work and replaced it with a cool looking but not matching dragon ball z knob I got off amazon for $15... I'm too lazy to switch back out the TWM short shifter or take off the eibach wheel spacers so it'll be a nice surprise for the next poor guy that buys it. The attorney did say that my "clutch problem" was due to me driving it like a sports car, That I unnecessarily upgraded to "sport" tires and the pair of speakers I had a receipt for were "upgrades"... But said he'd give me the benefit of the doubt and count them. The clutch problem was the CSC going out twice, I told the attorney that the clutch which is a wear item is perfectly fine but it was instead the slave cylinder which is not a typical wear item went bad twice because of a poor design by being made out of plastic. That tires are not cheap for 19" wheels, The tires I got are indeed better but did not cost much more than the OEM brand tire due to a employee discount I get through my work (tirerack [i don't work for tirerack, but we get discounts from them]) and that I have it noted that the tires on there were worn out on the inside due to the negative camber so it needed to be replaced earlier than usual. And those upgraded pair of speakers, Were from Nissan... When I bought the car the 2 speakers on the dashboard were dried out and blown. So I went to the dealership to replace them with OEM speakers... They were by no means upgraded but instead replaced. But since they were paying for it, there was no need to make the arguments. I'm looking at cars now to replace it maybe in another week or so, Whenever the settlement check rolls in. Looking at 2016/17 2SS Camaro, Test drove one last week as a friend works at a nearby dealership. Fast, relatively quiet (exhaust note was prominent in sport/track mode), smooth (magnetic suspension), seats were comfortable (cooled seats worked well), steering wheel was surprisingly direct like the Z's but way to heavy in track mode and has plenty of techy toys... Visibility was poor but livable, a lot of hard plastics on the dash and doors, build quality left a bit to be desired as the gaps were not even, the window trim looked to be lifting, the dealer added ground effects fit like **** and there was definitely some wind noise coming from the mirrors. But overall, I was impressed by the car. 2017 Ford Fusion Sport, Haven't had any experience with these but they seem interesting. 2016 Ford Edge Sport, Again no experience but driving Tesla Model X's all day I begin to wish I had an SUV for the ample space when I get off work. I'm looking for the opposite of the Z, Not exact opposite but... Comfortable, I'm fat although losing weight and 6' tall. I don't want to have to fall in to get in the car, or crawl out and feel claustrophobic each time I'm in it... After each 12 hour shift at work, Using a clutch becomes a chore, especially at the end of the week when I'm sore. So I'm looking at automatics, The camaro will be an 8 speed automatic. It has remote start with an app thingy and it's faster than a manual, it just loses a bit of it's fun factor but not enough to make the argument that much convincing.