Wow, sorry for all the trouble you gone through. That's a high premium you paid for a 2009 Z. Wish you luck, but I don't foresee the end in your favor.

You have 2 options:

1) Talk to an attorney and see how win percentage you have, if more than 70% then go for it.

2) Trade it in.

I agree with 37zero, granted it was pretty low mileage when OP picked it up, but still that is way above what they should have been asking for a 2009 seeing as i see them go on average for around $22k sometimes $23k....heck mine is a higher mileage 2009 touring + sport and i paid $12k for it, although it did need a little work to get it back up to spec which i was expecting anyway going into it

Yea, I bought my 2010 base 6MT w/ 100k from CarMax in April for 16k. Haven't had a single problem or complaint.

Apparently I am in the minority here, as having a (mostly) positive experience with Carmax.

I purchased my NISMO from CarMax last year. I had been looking at Z's for awhile on their site, and all of their NISMOs seemed to be priced dead-on for what they had been selling for at other dealers (as opposed to the usual mark-up they have on their cars).

The one I decided on, I paid $500 (in addition to the purchase price) to have shipped from Arizona to Iowa. It was very clean, had low miles, etc. When the sales lady was pulling it around for me to test drive, she ran over (and got stuck on) one of those concrete parking block things at the ends of parking spaces (see random Google picture below).

http://www.alineparking.com/images/wheelstops.jpg
(NOT a photo of the parking lot in question)

After 5+ techs came running out to get it off the block, they take it back and put it on a lift to inspect it for damage. They even let me come back and inspect it myself. The only damage was a couple of scratches underneath. Without having to ask or raise a fuss, CarMax refunded me the $500 I paid for shipping regardless of whether or not I decided to purchase it.

Fast forward to 1 year later, and I'm still happy with my purchase! :tup:

I have to at least try every option available.

I'll hear back on monday from the attorney.

It had 24K miles at the time (Touring, Sport, Nav) and the asking price was $25K... But after taxes and 6% APR financing it came out to $28K

My X-Runner before the 370z came from carmax and had no issues or complaints about it... But it seems like issues are very common for them.

I had a great experience at CarMax. They even gave me almost what I was going to sell my G37 for as well.

6% is STEEEEP. Why have you not refinanced?

Inspect
 

When your paying 30K for a car that has had two previous owners that is a recipe for mandatory inspection time, I know you have learned a valuable lesson from this episode, and it may not be worth the time and money to fight it. When I bought my 2009 in January of 2010 it had only 350 miles on it so I was pretty confident nothing would be wrong and there wasn’t, I even paid 29K for a practically new car that stickered for 35K new, go figure

Both of the Z I have owned were bought from their original owners who were women over 45. No issues lol.

Indeed, Never buying used again without taking it for a mechanical and body/frame inspection.

As an update... I began trolling their facebook, posting a link to a craigslist post I made about carmax. The guy who was talking to me "Curt" started responding and just kept repeating all I've heard already while completely ignoring many other things that I was saying. I think they have a script that they have to follow.

I chose an attorney and he's going to do his research on carmax with everything I showed and told him is going on on wednesday... I took the pre-licensing classes to get a car dealers license but never went through with it, So I have all the laws in a notebook that dealers have to follow.

I found 2 laws they broke since "CQC" (Carmax Quality Certified) means it's a certified used car... I'm going to continue trolling carmax until they either give in or my attorney says to stop, So far he hasn't acknowledged it because I'm getting results.

I called corporate and they told me as long as the autocheck says it's clear they are not obligated to disclose the car has been in a previous accident (if they were able to tell in the inspection) and I can't get the facebook "Curt" to acknowledge it... It's true for most states, but not California on a certified pre-owned car.

The fight still carries on, I'm thinking about making a huge banner and hanging it on the side of my car and parking it in front carmax saying something like "carmax sells wrecked cars".

yah, sucks for them cause all this time i thought carmax was THE place to get a sound used car... but at a premium price.

honestly speaking though, i wouldve gotten rid of the car already and enjoying another car by now. :D GL! hope it turns out well for you.

Thank ya...

I won't do anything with my car but drive it at this point as I see it as evidence so I won't be trading it in unless I lose... Kinda why I won't let Carmax swap out the bumper support.



--------------------------------
To cover my bases, I found another attorney who has experience suing carmax

CarMax May Have Illegally Sold You a Car - Auto Fraud Legal Center

I sent a message tuesday to the website with a run down of everything going on... He called in about 20 minutes and shot an email to everyone in his law office saying pretty much "I got this" (I got a copy of the email)... He asked for a bunch of specific paperwork and the message conversation I've had with carmax which was actually a pretty good thing to do because I found the paper that says "VEHICLE SOLD AS IS or WARRANTY"... It wasn't sold "as is" it had their free 30 day warranty. I can prove my car had this pre-existing damage well before that 30 day warranty by the rock chips and age of the peeling paint on the bumper cover along with the receipt I had the bumper alignment fixed before that 30 day period at carmax.

I guess there's some lawyer convention going on in texas because both lawyers I talked to left to Dallas on wednesday.

I still harass them on facebook, but their facebook is really slow... I've noticed a trend with the way they talk, they all say the same thing word for word so I'm sure they have a script they have to follow... I've requested to see a general manager or someone of equal or higher rank in person to try to avoid the script so far on deaf ears.

I really really don't wan't to have to go through a lawyer to get them to make things right, So I keep trying to reach out but if it continues this way, I apparently have a lawyer that got excited when he heard my details and who was involved... From what it sounds like, They might be paying up between $37K-$40K if I win and if I lose, I lose a few hundred... It's a bet I'm willing to take if I have to.

Stick em!

So... I showed them the post count on here (2000 at the time), Tagged autoblog and jalopnik in the post then also posted the emails I got from the attorney with the retainer letter being mailed to me and that I'll get contacted by a "Consumer advocate" who has written about carmax's illegal practices before. This caught their attention...

Got called earlier and I recorded it (and told the guy it was being recorded)... The tune is now "how can we make it right?" rather than "this is all we'll do". He sounded pessimistic saying that it'll be against their policy to buy the car back but he's going to contact the higher ups at the carmax.

The retainer will arrive tomorrow or saturday, Once I sign it there will be no more negotiations without cost to them (assuming i win)... It's a no cost to me lawyer if I lose, If I win they take 10% of the excess I get. I'm suing for $32K the car has $16K remaining on the loan so they'll deduct $1600 and the rest will come out of carmax's dime.

On the phone he tried to argue that I modified the car... I have every receipt for everything I did to the car. Down to a license plate frame... So I listed off every thing that's not maintenance or repairs. TWM short shifter, LED bulbs, License plate frames, OEM floormats, Red push button, GTR lenses, TWM shift knob, wheel spacers... Really nothing that can't be undone seeing as how I never had the OEM shift knob (it came with an autozone special 3 allen wrench bolt thing shift knob that fit like poo).

Then that I put 14K miles on the car, I told him I wouldn't have done it if they did their inspection and informed me it was wrecked. I wouldn't have bought the car...

We will see what happens in the next few days.

Good luck, man. Sounds like you're moving in the right direction :tup:

But you did put the miles on the car. I hope you are made whole but you may have to pay something for use of the vehicle.

What is Cali's lemon law policy? You may want to file a claim in the lemon law act?

BamBamZ, I have joined your club
 

In 2014, angry at a constant csc problem, I rashly and foolishly sold my red 2009 base Z for a 2010 Dodge Challenger RT. After a short time, I realized i was really a sports car guy and not interested in being the captain of a 4100 pound boat (I called her the "Minnow"). I should have known. I have had 6 Rx7s and still have my 84 GSL-SE. This week, Wednesday, I go to trade my clean as a whistle black pearl RT with 32K babied miles on a 2015 "used" Z. That's when I was told my Challenger had been in a front end wreck. But, I told them, the Lee's Summit Chrysler Dodge dealership showed me a carfax and told me the car had not had any problems, recalls or accidents. They LIED through their teeth and sold me a repaired car. I wondered why the hood did not align perfectly and why, after a while, the right headlight began to wander like the light on a train locomotive. Electrical problems? Oh yeah. Now I am going to follow your footsteps. I am sure Lee's Summit Missouri Chrysler will tell me tough luck. I will ask them if the bad press they are going to receive from me is worth it? I wish you luck. I think the folks you bought the car from are a bunch of crooks.

I looked up price difference the 14k makes in retail, just a grand. I'd have no issues deducting $1k from the $32k I'm probably going to sue for.

Lemon law only covers new cars, this falls under illegal dealership practices and fraud

Damn sorry to hear, good luck. Never hurts to try :tiphat:

reported accidents can take time to show up on carfax, so it may not be that your dealer lied to you.. they may just not have had the info when you bought it or when they accepted the trade.

dat's wat i meant about selling a repaired car before it shows up on carfax. the next buyer is the one that takes on the responsibilities to know wat they are buying. carfax is only a documented way to check history, but you really need to look over the car REAL well before thinking there is no problem(s) with the car. like one can fix a car by himself after hitting a tree and it would not show up on carfax if unreported.

I highly doubt that the dealer couldn't tell a car was in an accident after all the prepping before putting it on the used car lot. The outdated clean carfax report at that time just helped them to complete the lie.

u can choose to think that way and make yourself miserable, or you can think positively and move on with your life.

at the end, the dealers and the world dont really care about you.. sad but true.

All possible
 

I bought the Challenger in December of 2014. The car was a 2010 and I believe wrecked in 2011. I kept wondering about the gouge or "dip" in the metal on the right and left kick panel metal, indicative of buckling, and the hood that never seemed to look as if shut all the way. I was told that was how they looked. Should have asked more questions. I specifically asked if it had been in any kind of accident and they said no, never, and it was pristine. The car never left the area. It was first bought in Liberty Missouri, sold to the second owner at the Lee's Summit dealer, then sold back at the same dealer and bought by me at the same dealer. The Dodge dealer in Overland Park, Kansas took but seconds to discover the report of the crash from back in 2011. It had not only that information but when I had brought the car in for oil changes...in 2015. It was very up to date. They knew. Kenchan, please don't take this wrong, but standing up against people who do you wrong shouldn't be considered as making one miserable. If people don't stand up against this, it just goes on. Getting justice never made me feel miserable. Warning others doesn't either.

yah, standing up for one's self is good and helping/warning others is honorable. and you seem to be okay with it, so GL to your work and hope you find that resolution.

i know id be too lazy to go through with it all..

Carmax called and said they're standing by the old offer... It's lawsuit time.

Good luck! My guess if you do win the lawsuit, you will be awarded nearly the same as what Carfax is offering. I believe you overpaid for the car initially and you won't recoup that cost. Plus, you've had use of the car and put an extra 14K miles on. In the end, you will be awarded today's market value as how the car sits today. Hell, with the lawyer's fee, your final payout might be less than what Carfax is offering now.

We will see... My lawyer charges nothing if I lose, and if I win he takes nothing out of the cost to pay off the car but 10% of what I get the excess of... If win, carmax pays his fees.

There's also only $1000 price difference from 24k miles to 38k

Good Luck with your fight..

But just because a used car is "certified" does not mean it has not been in an accident.

You also have to take into account, if the reporting agency where the crash occur didnt start reporting to carfax or autocheck until recently you're SOL anyways.

California has different laws when it pertains to "certified" vehicles and then carmax's thing where they advertise all cars meet their CQC standards... The car was either inspected and the found the damage and signs of accident but didn't say anything (seeing how it took less than 10 minutes for both carmax and my body shop to say it was wrecked and that the bumper impact bar is broken [and they told me the impact bar is part of their inspection]) or the "125+ point" inspection wasn't done at all... In which case that then falls under fraud.



As an update, The retaining contract came in from the attorney and I'll be sending it back out today or monday.

BamBamZ
 

Do you what you believe is right. It is not just about the money, its about putting a stop to this sort of deception and theft. I lost thousands of dollars on my trade two weeks ago because the Dodge dealer did not disclose and lied to me about the Challenger RT I bought. It had been in a crash which, when I asked, they said no. The hood did not fit right, the grille moved around as it was not bracketed properly, the right headlamp began to wonder, and the bumper did not match or fit. I did most of my shopping after work which meant in the dark. The car was all black and, with my Diabetic eyes, I missed too much which is why I asked. Every dealer I took the car to found out in an instant about the crash. Next week I am writing them a letter to give them a chance to make this right. If they don't, I go to the state attorney general, better business bureau, and then social media. I may not get a dime back but they need to consider how much they might lose through my one man add agency campaign about them and I will tell them this. Your case is way worse than mine and they should have to pay.

Holy hell sir, That's one screwed up Challenger... I'm sorry that you're going through something similar. Look up the laws for your state in selling a used car. There's usually supposed to be a few day period or have it offered to you if you decide you can't or don't want to keep the car, Granted they take a bit of depreciation for the mileage you used.

I hope it works out for you.


As an update. On the advice of my dad, I sent a final message to carmax stating the lowest I'll take all considering that the lawyer will take a 10% cut of the extra I get ($1600 if I win) and to avoid the long expensive process of suing I offered to settle for $2K less. Telling them that in the likely event I win It will save them thousands... I heard nothing back on the given time frame. So I sent the retaining contract out late yesterday.

I can no longer offer negotiations or give them anymore chances to make it right as it is now in the hands of my attorney.

Hang in there
 

Yes, the accident may not show up right away. It still had not shown up on Carfax November 11 but it did show up on AutoCheck..right away, on the same day. The other dealer told me that is why they don't use Carfax. It also showed up on 8 November at a Nissan dealer but they said nothing assuming I already knew. What I plan to do is offer the dealer a chance to make this right. I would not have bought the car had I known and, once the other Dodge dealer pointed out what was not done right, it became kind of obvious to me that it had been crashed and repairs not perfect. I blame shopping at night and my diabetes challenged eyes for not catching the flaws. But I still believe they pulled a fast one and I intend to pursue a remedy giving the dealer a chance to make it right before pursuing other action.

Sir, take as much as you can, you deserve justice for this issue. Do it for everyone else who has had similar BS issues and hasn't been able to do a darn thing about it.

Do if for me, who took my Z into the local Nissan Dealership and they pushed it onto the curb and promptly left it there. sitting with the bumper planted on the concrete. And then when I came to pick up the car, I found white residue covering the entire front fender. Of which they took 45 minutes to buff out (doesn't take 45 minutes to buff 1 panel). and then come out and say "well I haven't any idea where that would have come from". For me to reply, look I have video of it being loaded onto the flatbed to be delivered here (steering lock failed of course) would you like to see it? you can clearly see that there was nothing there before. Now there is, I don't care where it came from. Since my Z has been sitting here its been crashed into a curb and this incident. Do it for me, who also has a 2010 370z, late model year, in which Nissan refused to replace my failed steering lock because it was the RevC part and only the RevB is covered under recall, although my RevC failed in EXACTLY the same way as the RevB. I feel like I have a small case there but I don't have the money to do anything about it. Do it for me, who had a similar issue with the Clutch Slave Cylinder failed while I was in the middle of nowhere Nebraska, 4 hours away from home, and Nissan claims that the clutch slave cylinder is not covered under my power train warranty.

Go after these scumbags and get some justice.

Sounds like a Bernie and/or Hillary campaign talking point. :p

Any updates?

we must have different definitions of what "will update regularly" means :rofl2:

When I receive updates that can be shared publicly, I will post them...

The attorney is building his case and I believe sent a letter to carmax corporate with demands some time ago.

Yeahh, I honestly wouldn't post much more about this until the lawsuit is actually settled, just to not test anything.

Good luck :tup: