55-year-old Kansas City, Kansas woman claims she was fraudulently induced to enter into a contract after Fenton Nissan of Tiffany Springs bought back a vehicle that turned out to have severe issues.
Fenton Nissan of Tiffany Springs recently sold. The dealership at Tiffany Springs, under new ownership, is now known as Prestige Nissan Tiffany Springs.
According to a five-page lawsuit filed Thursday, Aug. 8, Vickie Quijas entered into a loan agreement in 2015 through Meritrust Credit Union to finance the purchase of a used 2013 Nissan Sentra. Shortly after purchasing the vehicle from Fenton Nissan of Tiffany Springs, the Nissan started having mechanical problems that required multiple service repairs.
During the third visit to the dealer’s service department, a mechanic allegedly told Quijas that the vehicle “should have never been sold to her due to its state of disrepair.” Fenton Nissan, the suit says, agreed to buy back the Sentra and “pay off the financing to Meritrust Credit Union.”
In June of 2018, Quijas bargained with the dealer to purchase a 2014 Chevrolet Malibu under a new set of terms, the suit says. As the lawsuit tells it Fenton Nissan gave her possession of the Malibu and “provided her a total of $100 in trade in after paying off the $7,800” Quijas owed on the Sentra.
Fenton Nissan allegedly told Quijas that she was preapproved for financing on the Malibu and the annual percentage rate of the loan would be 17.14 percent. Quijas moved forward with the contract, putting a couple thousand down.
A little over a month later, Ally, the financial service company, informed Quijas that her annual percentage rate should be 18.49 percent, driving up the monthly payment by $40.64, state court documents. She was provided a new retail sales agreement reflecting the higher annual percentage rate.
Since the original terms of the agreement were not honored, Quijas wished to rescind the contract and no longer wanted the car, the suit says. She has asked the dealer to return her $2,600 down payment, but Fenton Nissan denied Quijas’ request.
In September, Quijas received more bad news. Fenton Nissan, the suit says, failed to fulfill its end of the bargain and never paid off the loan of the Nissan Sentra as promised.
As the lawsuit tells it, Quijas urged the dealer to pay off the loan on the Nissan it had agreed to accept as a trade in, but Fenton Nissan refused.
The lawsuit claims the dealer misrepresented material facts by “failing to accurately provide the correct terms of the financing for the vehicle” and failing to pay off the loan of the Nissan Sentra. Critically, the lawsuit added the sale was “dishonest and unfair to its customer.”
Quijas “suffered humiliation and mental and emotional distress to have been treated in such a shabby and disgraceful manner,” states court documents.
To this day, the loan has not been paid and continues to negatively affect Quijas’ credit score, according to the lawsuit. The lawsuit looks to rectify the consumer and compensate her for damages.