The carmax and carfax fight (will update regularly)

BamBamZ

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.

SouthArk370Z

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.

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JARblue

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

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UNKNOWN_370

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

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BamBamZ

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

37zeroZ

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.

BamBamZ

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

black_sedan

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.

BamBamZ

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.

Inspector71

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.

BamBamZ

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.

Inspector71

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.

kbc749

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.

37zeroZ

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

SwissCheese

Any updates?

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