Dealer wants to resign a contract?

So my little brother went and got himself his first car a Nissan Rogue he was approved on a lease. The dealer leased him the car signed contract and registered the vehicle so everything is under my brothers name but when I saw his contract I saw they included extended warranty and my brother didn’t notice it(18 year old kid excited about his first car) so I told him to go and have them cancel it and he did the dealer at first made excuses but finally said okay but the money will go to Nissan your payments won’t change.

Now 2 days ago the dealer called him and said he would have to come in and sign a new contract with only a $5 payment difference, should be a $30 difference. I told him to tell them just cancel the extended warranty and honor the contract at hand. Or give him his $500 that he paid at signing and return the car. The dealer told him they’ll take the car back so bring the car back in. So I told my brother to tell them to issue the refund on the credit card first then you’ll bring the car in. As soon as he said that the manager flipped off at him started screaming at him on the phone and then threatened to call the cops and press charges against him. I told him to stay calm and just let him know the 2 options and once you have your refund go give the car back but then the manager showed up at his work and his home banging on the door he didn’t open the door car was in garage and just recorded it on his phone. What should be the outcome to this? Never dealt with something like this before so interesting to see what others have to say about it. The contract is signed by both the car is registered in my brothers name but when we called nmac(Nissan finance) they say they don’t have an account under his social or name or anything. So does this mean the car is free? :thinking: lol

Just call the warranty company to cancel. I don’t think you need to go through the dealer.

It said on the back of the extended warranty that the dealer has to cancel it. He has to give them a written notice within 30 days to cancel.

Then give them a written notice. Mail it to them by certified mail.

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He did that this is all happening after. They’re hell bent on getting the car back now don’t want to lower the payment to where it should be without the extended warranty and don’t want to issue him a refund until he brings the car back(most likely want to keep the $500) or they want him to come in and sign a new contract for just $5 less than he already is.

How long ago did he purchase this car? Mostly likely, they don’t really want the car back, especially if it has been registered. If they did submit the paperwork to NMAC already, the contract won’t change. They should just send you a check.

He purchased car on may the 31st. Nissan has no contract they said when we called them to find out why the dealer wants a new contract. They have no record of my brother being in the system for any car. The car is registered to him.

Drive the shite out of the car and then send them an update that the car now has 1,500 miles…see how they change their tune.

He’s put about 1100 miles on the car already lol showing the car to family and friends, new found freedom for the kid so went all over the place from CT to jersey and New York visited everyone without taking the metro north.

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500 is only about 13 bucks or so on a 36 month lease .

500 is the amount he paid at signing the extended warranty is for over a thousand.

Dealer hasn’t sent the contract to Nissan yet, they have 10 days to do it. If you don’t want the car or that problem with the dealer, just take the car back and fight for your $500 later, if they don’t give it back. Not a huge loss to get out of bad situation, IMO. But a good lesson for your brother.

Return the car?? If your brother signed the lease agreement and took delivery of the car, guess what? he aint returning that thing. He’s the rightful owner of that car and the dealership DOES NOT have to take it back. Not sure why everyone thinks you can sign a lease contract then change your mind a few days later. Doesn’t work like that. He can offer to sell it back to them, im sure, at a few thousand dollars loss. The reason why Nissan doesn’t show anything (yet) is because its still relatively new and most likely haven’t processed the dealerships paperwork. It’ll take a few weeks to show up in their systems.

The extended warranty is a completely different issue. Simply give them a written notice to cancel and ask for a refund. There should be a 30 day refund policy on the extended warranty

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Did you even read the original post?

His brother didn’t change his mind about the car, he only wanted to cancel warranty, which is his right within 30 days.
Granted, I wouldn’t set the condition for the car return as $500 back first.

So I showed the contract to one of my friend who’s a finance manager at a different dealership. He says the contract is legal and binding both parties have signed and the car is registered so the dealer can not threaten what so ever. Legally the car belongs to my brother. What most likely happened was that the dealer got an approval from NMAC but after the dealer pushed in other crap like the extended warranty it went over the back end product limitation set by NMAC in the original approval so when my brother signed on the 31st the dealer thought wohoo gonna make a killing off of this little sucker and then they send in the contract to NMAC but to their surprise the contract gets kicked back to them because the back end product exceeds the amount originally approved by NMAC. So they get the contract back and write up a new one that matches the allowed amount hence why only the $5 difference in payment.

Now there’s 3 ways this can go 1) my brother can go and sign the new contract. Which I’m against I calculated the payments myself and it’s actually a $50 difference a month they marked up the money factor by 2% and added other stuff in the contract.
Option 2) we get the $500 that my brother paid when he took delivery and return the car and the dealer is responsible for the wear and tear on the car. The dealer wants to do this but wants to swipe my brothers credit card to issue a refund(pretty much wants him to come in give car back and tell him they’ll issue a refund but won’t and keep his money) so I told them to issue refund first once I see it on the credit card the car will be brought back to the dealership.
Or option 3) we can tell him to go pound sand and eventually both the finance guy and manager will get fired for this screw up but my brother would have to keep mailing NMAC payments on time even if they don’t accept it, this would be proof that he fulfilled his part in the lease contract with NMAC.

Waiting on what the manager does today. Have him on surveillance coming to my brothers doorstep and yelling yesterday. I should have my brother sue him for all the harassment and trespassing if that’s even possible. Then I Wonder if he would do something stupid because his calling the police threats aren’t working :thinking:

You can also have your brother call Nissan customer affairs line and report what the dealer has done. Also reach out to the GM or go through their BDC to get into contact with higher ups. I would not trust a refund at all.

Keep the car and have them take the hit on the backend.

Hey Uranus, relax over there… …he’s apparently not happy that his kid brother got taken by the stealership. Not sure how the dealership is going to take back a car that is already registered/technically “used” now.

To the OP, good luck. You should be able to cancel the extended warranty

Hi, Why don’t you just call your credit card and dispute it ? That should bring them to the table

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You tried to cancel too soon. I mean before they submit the documents to NMAC. That’s why they want new contract, they can just remove the warranty but add to the sales price so they get to 5% under current payment. More profit for them than the current one. If you have followed the cancellation step by certified mail they must refund you the warranty.
If they want the car back (which is highly unlikely) you should not worry about them paying your $500 back. You can take care of that later unless you agree to pay them $500 when you return it.

We reported the dealer to the Nissan consumer affair department they said they’re going to investigate. Also disputed the charges on the AMEX they said we should get a refund within 2 days once that comes in then we’ll go to the dealership and talk I guess on our terms and then maybe they’ll talk to me because on the phone they wouldn’t listen to a single word and only want to talk to my brother. But yeah the car is used now idk how someone can f**k up so bad lol