On 6/30/2017 7:30 AM, John H wrote:
On Thu, 29 Jun 2017 18:48:07 -0400, "Mr. Luddite" wrote:
On 6/29/2017 6:36 PM, John H wrote:
On Thu, 29 Jun 2017 18:31:03 -0400, "Mr. Luddite" wrote:
(hopefully)
The process is starting to move forward regarding Nissan's buyback of
the sick Pathfinder. Got two calls today from the Arbitration
Specialist. It could still take another couple of weeks however for the
corporate office to generate and forward the offer.
She also explained the difference between a "buy back" and
"replacement". If they buy back the car, the check goes to me upon
surrendering the title.
If it's a "replacement", the check goes to the dealership and is applied
to the price of a replacement vehicle. If the replacement vehicle cost
is more than what Nissan reimburses, I pay the difference. If less, I
get the difference from the dealership.
The only risk right now is if what Nissan agrees to pay is different
than what I think and the dealership says they have to pay. I've
provided them the number ... it basically makes me "whole" as if I had
never purchased the car.
The probability that their offer will be the same number is very high,
but we won't know for sure until the formal "offer" is delivered.
I was talking to the manager at the dealership this afternoon. He's in
full agreement that Nissan will match the number I expect and he
expects. Then I had a thought:
I suggested that we could complete the whole deal tomorrow if we do the
"replacement" option. The dealership will receive the check from
Nissan. I'll give them the title to the broken Pathfinder tomorrow, pay
a small amount for the difference we have already negotiated for the
replacement and I am done. The dealership has to accept any risk of
dealing with Nissan if the check they send is different than what we
both agree it should be.
The dealership manager is all for it. They would love to add the "sale"
of the replacement vehicle to June's bookings (ends tomorrow) because
they are in the running for some kind of sales award.
So, I am going to write up an agreement between the dealership and me
that absolves me of any future liability, financial or otherwise, in the
event they have a dispute with Nissan with the check amount. Basically
it will say that they assume all the risk.
Wish me luck. I'll be glad when this freakin' nightmare is over.
Good luck. But I'll be sad when the freakin' nightmare is over, 'cause the story will have ended.
Damn shame.
Well, if you enjoy this kind of thing, I know where you can buy a 2017
Nissan Pathfinder that has a brand new engine but no heat. You could
probably get it for a song.
I'm not good at writing 'suspensefull drama'.
Heh. Last night I typed up an agreement between the dealership and I
with all the "Wereas's", "Therfore's" and "In Considerations of". Looks
like an attorney wrote it. But, now my stupid printer doesn't work.
Haven't used it in over a year and the jets must be plugged with dried
ink. So, I just hand wrote a simpler version of the agreement for us to
sign.
Back when I had my company we often entered into relatively large value
contracts, some in excess of a million dollars. My attorney didn't have
a clue what we designed and built so I'd write the contract, send it to
him and he'd convert the wording into legalese with all the "Wereas's",
etc. After a while I got pretty good at doing all that myself, having
taken a course in contract law. I still sent the large contracts to him
to review and he always had something to change ... I think just to
validate his fee ... but when I sold the company he told me I should
have been a lawyer instead of an engineer.
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