New Vehicle with Undisclosed body damage
- Thread starter stockrex
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I'd talk to a lawyer. I think they would have a field day on this one. What did they do take it to the body shop to have the dimples filled in with bondo and repainted?
What did the add say, was it advertised damage/accident free? Was the vehicle bought "as is"?
If it was bought as is, then what's done is done. If not, maybe small claims court can help, provided the car is not worth more than their maximum ruling.
If it was bought as is, then what's done is done. If not, maybe small claims court can help, provided the car is not worth more than their maximum ruling.
Originally Posted By: PimTac
Does Michigan have any laws that give the consumer back out period like 72hours? It sounds like these issues were not properly disclosed.
You're probably thinking about the federal law about a 3 day right of rescission, but that typically doesn't apply to car purchases. Never really heard of any state where that works otherwise people would get buyer's remorse all the time.
There's probably some other consumer protection law in the state regarding unfair and deceptive trade practices. So he should probably go back to the dealership and talk to the general manager about unwinding the transaction/swapping cars. I remember trying to debate a sales manager about a repair once and he wouldn't budge, but once I talked to the general manager and pointed out the law, he just caved and did it.
Does Michigan have any laws that give the consumer back out period like 72hours? It sounds like these issues were not properly disclosed.
You're probably thinking about the federal law about a 3 day right of rescission, but that typically doesn't apply to car purchases. Never really heard of any state where that works otherwise people would get buyer's remorse all the time.
There's probably some other consumer protection law in the state regarding unfair and deceptive trade practices. So he should probably go back to the dealership and talk to the general manager about unwinding the transaction/swapping cars. I remember trying to debate a sales manager about a repair once and he wouldn't budge, but once I talked to the general manager and pointed out the law, he just caved and did it.
This is the guy you want to talk to. He writes/featured on a ton of different blogs.
http://thegarage.jalopnik.com/how-not-to-get-ripped-off-by-the-first-attorney-you-mee-1689942744
Disclaimer: no affiliation, just seen him a lot.
http://thegarage.jalopnik.com/how-not-to-get-ripped-off-by-the-first-attorney-you-mee-1689942744
Disclaimer: no affiliation, just seen him a lot.
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This is just a guess, but I would think in most states that the manufacturer would not need to disclose hail damage to the paint if the finish was redone to the same standards as the finish on a new car.
Originally Posted By: NYSteve
This is the guy you want to talk to. He writes/featured on a ton of different blogs.
http://thegarage.jalopnik.com/how-not-to-get-ripped-off-by-the-first-attorney-you-mee-1689942744
Disclaimer: no affiliation, just seen him a lot.
Cool,
Just the question of is it worth going after the dealer and what can I expect, I don't want atty to make wild promises only to find out I shelled out $$$ for atty on top of losing money the vehicle.
This is the guy you want to talk to. He writes/featured on a ton of different blogs.
http://thegarage.jalopnik.com/how-not-to-get-ripped-off-by-the-first-attorney-you-mee-1689942744
Disclaimer: no affiliation, just seen him a lot.
Cool,
Just the question of is it worth going after the dealer and what can I expect, I don't want atty to make wild promises only to find out I shelled out $$$ for atty on top of losing money the vehicle.
I found out several years after I bought a "new" Toyota that one body panel had been repainted. It was a very good job (except for a run in the clearcoat that was buffed out after I got it). Having a run in the paint of a Toyota seemed a little strange at the time.
I happened to have that car at a top body shop (to talk about another car) and the owner asked if I knew about the painted panel. I didn't. He pointed out a few tiny bits of dust in the paint. It was a really good job and I had the car for several years at that point so I didn't take it any further.
That body shop does a lot of work on high value "new" vehicles that have body or paint damage. He sometimes sees them later and takes satisfaction in how well his work is holding up. So I don't think this issue is rare.
What I have done since that episode is insist on a statement on the bill of sale that there has been "no body damage on this vehicle".
I happened to have that car at a top body shop (to talk about another car) and the owner asked if I knew about the painted panel. I didn't. He pointed out a few tiny bits of dust in the paint. It was a really good job and I had the car for several years at that point so I didn't take it any further.
That body shop does a lot of work on high value "new" vehicles that have body or paint damage. He sometimes sees them later and takes satisfaction in how well his work is holding up. So I don't think this issue is rare.
What I have done since that episode is insist on a statement on the bill of sale that there has been "no body damage on this vehicle".
In NC a damage up to 25% of the vehicle's value does not have to be disclosed at the point of sale.
Unless there are obvious signs of the hail damage that were unrepaired, I don't think you'll be successful. Never hurts to try though.
My neighbor bought a hail damage vehicle new in 2003....and got a nice discount at that time for that. Of course when it came time to sell it in 2015 the hail was of some issue. But the vehicle had so much other body damage and lousy paint, that in the end, it was a smart idea to buy it damaged.
My neighbor bought a hail damage vehicle new in 2003....and got a nice discount at that time for that. Of course when it came time to sell it in 2015 the hail was of some issue. But the vehicle had so much other body damage and lousy paint, that in the end, it was a smart idea to buy it damaged.
Originally Posted By: stockrex
I bought a ford to add to my harem of vehicles,
The vehicle had hail damage and other paint damage to it.
I already bought it and signed my life away.
When did you find out the vehicle had repaired damage. Did you buy sight unseen?
Did you put money down CASH?**
If not call the bank making the loan, tell them the vehicle has undisclosed damage and you will not be taking delivery and you will not accept the contract. Bring the car back to service dept. photograph it with date and leave it. Then call the general manager.
**If check down payment - stop payment.
Judge Judy wouldnt like what I outlined ( not legal per se) but if the car dealer scum plays a game so can you.
I bought a ford to add to my harem of vehicles,
The vehicle had hail damage and other paint damage to it.
I already bought it and signed my life away.
When did you find out the vehicle had repaired damage. Did you buy sight unseen?
Did you put money down CASH?**
If not call the bank making the loan, tell them the vehicle has undisclosed damage and you will not be taking delivery and you will not accept the contract. Bring the car back to service dept. photograph it with date and leave it. Then call the general manager.
**If check down payment - stop payment.
Judge Judy wouldnt like what I outlined ( not legal per se) but if the car dealer scum plays a game so can you.
Is it repaired or still there?
Did you purchase it across state lines or through a buying service?
You're really going to have to lay out some details for correct answers
Did you purchase it across state lines or through a buying service?
You're really going to have to lay out some details for correct answers
How are you determining it was damaged?
One of my friends bought a new model "demonstrator". The brand doesn't matter.
A few months later they were involved in a minor accident and a bunch of body filler fell out. Not what they expected. The dealership was unwilling to assist. So they consulted a lawyer who told them that a demonstrator is a used car and repaired body damage is a potential issue with any used car - so they had no case.
A few months later they were involved in a minor accident and a bunch of body filler fell out. Not what they expected. The dealership was unwilling to assist. So they consulted a lawyer who told them that a demonstrator is a used car and repaired body damage is a potential issue with any used car - so they had no case.
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