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Can a dealer sell a gtr without catalytic converters?


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#1 Mrmandudehat Posted 28 September 2013 - 03:37 PM

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I bought a gtr from a dodge, Chrysler, jeep dealership in Florida. They shipped it all the way to California to me. They said the car was completely stock and passed their 125 point inspection: they said it is certified.  When the gtr arrived to ca, I took it to my local nissan dealership to have then check it out.  turns out there are no Catalytic converters on the car, ecu has been customly modified.  intakes have been replaced by 3rd party intakes, no sensors on the wheels.  why would they do lie like this?  What rights do I have here?  I didn't pay for this!



#2 Flash Posted 28 September 2013 - 03:50 PM

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I believe a dealer CAN sell cars that are modded. I've seen plenty of dealers sell modded cars, but I think they have to list that it's modded.


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#3 Tim@KaizenTuning Posted 28 September 2013 - 03:54 PM

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I think this varies from state to state.

Anyways, I have a stock midpipe ( the middle catalytic converter ) available for sale from my own GTR. I would be happy to offer it to you for a good deal. Finding stock parts for your car should not be very difficult if you wish to have a completely stock car, most people do modify their GTR's and have extra stock parts leftover :wink:. Do you know which type of product your new GTR was tuned with? Cobb Accessport or Ecutek are two of the most popular options.


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#4 Marketplace Mod Posted 28 September 2013 - 03:55 PM

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Pm sent.


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#5 Mrmandudehat Posted 28 September 2013 - 04:02 PM

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I guess, the question is, do I have the right to send it back and get a refund since they didn't disclose that it was modified?  I don't want the car



#6 BrianE Posted 28 September 2013 - 04:13 PM

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Removing Cats on a road going car is against federal law. EPA law and there are fines involved.

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#7 GotToRace Posted 28 September 2013 - 04:14 PM

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Dang bro. You should have some kind of rights if they listed it as stock and they did in fact lie about it. Especially if its a big name brand dealership.

On the flip side....most guys end up modding their cars and those are usually the first mods....so you a step ahead already with some $ in your pocket.  :)



#8 Jojipoji Posted 28 September 2013 - 04:15 PM

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It is a breach of contract as long as you have in writing that they specifically stated it was stock. You most certainly have part of your warranty that is void.
Look at your sales contract, there is probably an arbitration provision...


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#9 2swoosh Posted 28 September 2013 - 04:31 PM

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dealers will sell anything they can even their mothers best thing to do is to hire a counsel don't even bother calling them the right lawyer can do a lot for you especially if you truly don't want the car, lastly, get a lawyer on contingency because if u go to a litigation the dealer will pay your lawyer (that is if u win) so have him review your paperwork first. Good luck.btw, is it a new car dealer or a used car dealer? you have a much better chance if it was a new car dealer.


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#10 360CS Posted 28 September 2013 - 04:37 PM

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Some shady dealers in Florida and the laws help them stay that way
When you buy from Florida be very very carefull



#11 Goonthree Posted 28 September 2013 - 04:39 PM

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My friend was going to buy this white GTR and you bought it unseen.   Certified what?  Nissan don't offer certified like BMW.  Good luck in getting what you need, that is chances one take with used cars.



#12 acuteperformance Posted 28 September 2013 - 04:45 PM

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Sorry to hear about this -- definitely sucks.  Next time, pay another dealership to do the inspection that way they are working for you.  How does the car drive?  When you had it inspected, did they notice anything that was off?  These cars are pretty bulletproof.  If it were me, I'd chalk it up as lesson learned and go out and enjoy the car.  It's not worth your time and energy to fight this.


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#13 GTRcHaRgEr Posted 28 September 2013 - 04:49 PM

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View PostMrmandudehat, on 28 September 2013 - 03:37 PM, said:

I bought a gtr from a dodge, Chrysler, jeep dealership in Florida. They shipped it all the way to California to me. They said the car was completely stock and passed their 125 point inspection: they said it is certified.  When the gtr arrived to ca, I took it to my local nissan dealership to have then check it out.  turns out there are no Catalytic converters on the car, ecu has been customly modified.  intakes have been replaced by 3rd party intakes, no sensors on the wheels.  why would they do lie like this?  What rights do I have here?  I didn't pay for this!

U should have hired a third party car inspector. Only a 100 or so bucks and you would have had a full report on the car. Never trust stealerships!


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#14 ATL_GT-R Posted 28 September 2013 - 05:19 PM

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I have all of the stock parts that you need.  Shoot me a PM if you are in need and maybe we can work something out.

Edited by ATL_GT-R, 30 September 2013 - 10:55 AM.



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#15 leboeuf45 Posted 28 September 2013 - 05:40 PM

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I manage a new car dealership, and i have been in the business my whole life. As you bought a used/ preowned car you really have no ability per the law to return the car or have them take back. There is no grace period and basically the way the law works is once you sign the contract and take posession its your car. If you drive it off of the lot and it breaks into 2 pieces, you own both pieces. Sorry about your experience and i can tell you that there are some shady dealerships in the world but there are also some very good ones.

I suggest you call and attempt to speak with the General Manager, explain your situation and let him know what you would like to do. I really dont think that he will allow you to return the car or get your money back but he may refund you some money to cover the cost of the missing parts. If you call and demand anything, threaten, or be an ass they probably will just blow you off and you will get no help.


Good luck buddy



#16 BPAuto2 Posted 28 September 2013 - 05:49 PM

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Quick question.

As he stated originally stated...

If the dealer "claims" the car is stock, and no modifications have been done...yet, when you receive the car, and you notice this is not true, isn't that a breach of contract or false advertising?

View Postleboeuf45, on 28 September 2013 - 05:40 PM, said:

I manage a new car dealership, and i have been in the business my whole life. As you bought a used/ preowned car you really have no ability per the law to return the car or have them take back. There is no grace period and basically the way the law works is once you sign the contract and take posession its your car. If you drive it off of the lot and it breaks into 2 pieces, you own both pieces. Sorry about your experience and i can tell you that there are some shady dealerships in the world but there are also some very good ones.

I suggest you call and attempt to speak with the General Manager, explain your situation and let him know what you would like to do. I really dont think that he will allow you to return the car or get your money back but he may refund you some money to cover the cost of the missing parts. If you call and demand anything, threaten, or be an ass they probably will just blow you off and you will get no help.


Good luck buddy



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#17 BPAuto2 Posted 28 September 2013 - 05:57 PM

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http://www.dep.state.../fac/62-243.pdf

1. Florida law prohibits the operation, sale, lease, or transfer of title of any automobile or light-duty truck (1975 or newer,
10,000 pounds gross vehicle weight or less) that has been tampered with. “Tampering” means the dismantling, removal, or rendering
ineffective of any air pollution control device or system which has been installed on a motor vehicle by the vehicle manufacturer
except to replace such device or system with a device or system equivalent in design and function to the part that was originally
installed on the motor vehicle (Section 316.2935, F.S.).
2. As a motor vehicle dealer licensed to conduct business in the State of Florida, I hereby certify that the following air pollution
emission control devices and systems of this vehicle, if installed by the vehicle manufacturer or importer, have not been tampered
with by me or by my agents, employees, or other representatives: catalytic converter, fuel inlet restrictor, unvented fuel cap, exhaust
gas recirculation system (EGR),* air pump and/or air injection system (AIS),* and fuel evaporative emissions system (EVP)*
(*1981 and newer vehicles only). I also hereby certify that I or persons under my supervision have inspected this motor vehicle and,
based on said inspection, have determined that the above-listed air pollution control devices and systems, if installed by the vehicle
manufacturer or importer, are in place and appear properly connected and undamaged as determined by visual observation."
3. This certification shall not be deemed or construed as a warranty that any air pollution control device or system of the vehicle
is in functional condition, nor does the execution or delivery of this certification create by itself grounds for a cause of action
between the parties to this transaction.
(e) The certification statement shall be provided on the bill of sale, lease agreement, or other document furnished by the seller,
lessor, or person transferring title. The make, model, year, and vehicle identification number of the motor vehicle being sold, leased,
or transferred shall be included on the document containing the certification statement.
(2) Acknowledgment of Certification.

Edited by BPAuto2, 28 September 2013 - 05:58 PM.



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#18 leboeuf45 Posted 28 September 2013 - 07:48 PM

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Yes it is but unless its on paper with all signatures ( dealer and customer ) its just your word against theirs.


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#19 gilly6993 Posted 28 September 2013 - 07:54 PM

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Good luck trying to return the car and get your money back, especially being on the other side of the country.....my guess is that it won't take much to get it legal....and lesson learned

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#20 MSIZZLE Posted 28 September 2013 - 08:48 PM

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I am the general manager of a car dealership and I cant tell you that there is no way we can sell a car that doesn't pass inspection. This instance might get a little sketchy because it is a different state but i think passing emissions is standard for every state. If you are civil with the dealership im sure you can get them to pay for the cats, other than that they broke no laws. If not file a complaint with the Florida dmv





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