My question involves a consumer law issue in the State of: Utah
We visited National Auto Plaza on Saturday and interested in a test drive of a 2006 Nissan Armada found a newly delivered vehicle from auction to NAP. We returned from the test drive to notify the sales man of several mechanical defects and other concerns about the vehicle but were overall really impressed with the Nissan Armada brand as it would meet our needs for pulling a trailer for our business and family transport. National Auto Plaza insured us that all defects would be repaired and offered the vehicle to us at $21,000 (original price was over $24,000). They gave us $4,500 for our trade-in cash credit and even though we told our sales man we were having second thoughts on price and wanted to cancel the deal, we were pressured into signing late that evening.
Status: Signed the Retail Installment Contract and Security Agreement for the vehicle
Did NOT receive the vehicle, was NOT delivered or accepted by seller
We did NOT drive the vehicle after signing the agreement
We paid $4000 cash through our personal checking/visa account for the vehicle
We surrendered our trade-in vehicle and was given a "loaner" vehicle by dealership
Loaner vehicle is a sedan and we notified sales man this would not work for our business
Assured that new SUV vehicle would be ready for pick-up following evening
Received copy of temporary permit for 2006 Nissan Armada although no work (inspection or emissions test) had been performed
Next day we sent email to National Auto Plaza stating we would like to meet with them to discuss pricing of the vehicle, as we had found a dealer listing for the vehicle including VIN and photos for $3000 less than our purchase price and listing was less than 90 days old. After work met with the Sales Manager to discuss email and vehicle deal.
Status: We did NOT drive the vehicle NOR receive the vehicle
Sales Manager confirmed all detailed requirements for "fixing" the vehicle would be completed by National Auto Plaza
Sales Manager offered compensation for price difference in Free Oil Changes for a Year and $500 cash
We countered with proposal to have dealership pay for $1900 warranty that would cover vehicle for 3-years post-purchase
Both parties could not agree on compromise
We had to leave dealership in loaner vehicle, again stating to Sales Manager the car would not work for our business and we would suffer loss of income
That evening we sent a follow-up email to National Auto Plaza stating per the Retail Installment Contract and Security Agreement that within the Assignment by Seller section it states; "Seller Warrants:The Vehicle has been delivered to the Buyer in good condition and has been accepted by Buyer.If any of these warranties is breached or untrue, Seller will, upon Assignee’s demand, purchase this contract from Assignee. The purchase shall be in cash in the amount of unpaid balance (including finance charges) plus the cost and expenses of Assignee, including attorneys’ fees." Since we had NOT had the vehicle delivered NOR had we accepted it that this contract was in breach and we would be in first thing the next morning to retrieve our $4000 deposit and our trade-in vehicle. The next morning as the dealership opened we met with the Sales Manager and showed him the contract and terms. He sent us into see the Finance Manager who stated that he agreed that we should receive our refund and vehicle, however, he did not have the authority to do so himself, and we would have to wait till 1 PM to see the owner. We stated that we had already taken time off work and that someone should be able to authorize the return as it was stated in the contract terms. After much delay I contact the local Sheriff's office to gain some assistance in facilitating the return of our property. Unfortunately, the matter is a contract matter and even after the officer discussed the situation with the Sales Manager we were told, "it is not our policy to cancel a sale" and left with the only option of remedy through legal means.
Status: We did NOT drive the vehicle NOR receive the vehicle
Sales Manager denied us the cancellation of the contract and return of our trade-in vehicle and cash
Finance Manager displayed notification from bank that funding was "Pending Approved" - so to best of our knowledge loan is not funded
Trade-in vehicle is parked in receiving and had not been sold by dealership
2006 Nissan Armada was parked in service area and did not appear to be fixed
Officer advised us to hire a lawyer to remedy
We now must suffer monetary damages because we do not have an SUV to operate our business nor our trade-in truck and will now have to rent a vehicle to try and honor our contracted sales
Any advice on what we should do in the immediate (as we don't have a SUV for our business and currently still driving loaner car) is greatly appreciated.





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