S.C. Nissan store 'acted in bad faith,' state high court says - Automotive News
The South Carolina Supreme Court has reinstated a $19,963 judgment against a Nissan store for bad faith in its handling of the financing for a used 2005 Mazda6. The unanimous decision reverses a 2012 appellate court ruling in favor of Dick Smith Nissan Inc. After seven lenders denied Brown credit, the dealership submitted a fraudulent bank application without her knowledge that falsely listed her as an employee’s relative, identified a 2004 Nissan Altima rather than the Mazda6 as collateral, and gave... The dealership contended that its finance manager had used the Altima as a “general type of collateral” to pre-qualify Brown for a loan and knew that a different vehicle could be substituted after obtaining preliminary approval. In court papers, Dick Smith Nissan argued that the lender’s “blunder created the confusion in this case. When the bank notified Brown that financing was approved for an Altima, she unsuccessfully asked Dick Smith Nissan, which had accepted the bank’s payment for the Altima, to fix the paperwork or take any other corrective steps. Source: www.autonews.com
