Advice needed

I have an issue that I hope someone may be able to give me a little info on. It's not a Ferrari, but I was hoping someone might be able to help me out. I purchased a "NEW" car about three weeks ago. After washing the car for the first time on my own I noticed some broken glass under the left rear floor mat and a broken reflector under the trunk mat. I have now run a CARFAX and it says the car was in an accident.

I called the dealer where I bought it and they said that the car was "tapped from behind in a very minor fender bender." The vehicle was titled as NEW, do they have to disclose that the vehicle was in an accident before we signed the papers on it since it was a new car? I know if it was used they wouldn't have to. Do I have any recourse to get them to buy it back?

I don't know if anyone knows what the law is on this, but I just thought I would ask.

Thanks,

Mike
Image Unavailable, Please Login

 

I would think they have to disclose this information if the car is sold new and used.

Was it a new car because it was never registered but was sitting on their lot for months or is a new car , fresh from the factory?

 

Ditto. Plus, "very minor fender benders" don't shatter out the windows. This could very easily involve a lawyer--this sounds fraudulent. I would start asking about trading in for a new model. Even if they somehow assure you the car is OK and like-new, you're driving off the lot in a car with an accident on its Carfax, which will affect your eventual resale. What was the mileage? It sounds like a dealer loaner car that they finally sold.

 

I think a similar issue was recently discussed here. What dealer was this?

http://www.ferrarichat.com/forum/showthread.php?t=291488

 

Well, what they are telling me is that the window was shattered due to a break in when the owners daughter was driving the vehicle and that is the reason for the glass. The GM today faxed me over a copy of the repair bill for the body shop work on the bumper ($346.80 labor and the dealer supplied the parts).

I am not sure how long the dealer had the car for but the invoice from the body shop said it occured in May 2010. The vehicle had 810 miles on it when I bought it.

I know some of the laws I have read online say that they only have to disclose damage if it exceeds 6% of the MSRP. Does anyone know if that is correct?

 

if you would like a professional opinion on what work was done to the car feel free to bring it by. i can pick apart bodywork in 30 seconds

 

First off, if this is on Carfax it was likely reported to insurance. Not sure why with $3xx in damage they would bother doing that so i would have someone like autowerks check out the car to see if more damage was done. Regardless, even if the damage was nominal the car is worth less on resale with that carfax report showing damage.

BMW vs Gore case was a similar type issue. Not suggesting anything but its an interesting read...

http://en.wikipedia.org/wiki/BMW_of_North_America,_Inc._v._Gore

 

i bought a viper a few years back from a dealer in PA. Went as far as finding the previous owner and spoke with him. He informed me that he spun out and the car needed a little paint. It carfaxed clean and the car was perfect so I bought it for 62,000. During my brief six months of ownership the accident hit carfax and when I sold it the most I could get was 48,000.
I write diminished value reports for several lawyers. When writing the report the first thing I check is carfax. If the accident shows up I immediately deduct anywhere from 20% on the low side up to 40% for hi-line cars

 

As benign as that may sound, I wouldn't accept that as being an "OK" answer, even if it is somewhat true. As an example, while driving in traffic on our way to Michigan over 4th of July weekend we repeatedly swapped places with a new Honda Accord. Inside were four people who were upper teens or lower 20's, all of whom were constantly texting, bouncing around, chit-chatting--typical road trip type stuff. The car had dealer plates.

In addition to that, he already told you it was "tapped from behind in a very minor fender bender." So, you're already being lied to regarding the story, or else this car has now been involved in BOTH a fender bender AND a smash and grab. I'd stop screwing around and demand this guy replace your car with a new one. Let him know you are prepared to bring an attorney into this and elevate it to his company's upper levels, as well as local authorities. I'm just thinking this guy tried to sell a car to you which, although probably OK in the grand scheme of things, isn't the car it was represented as. Those are deceptive practices, which are illegal, and I would stop dancing around the bush on this and tell him what you expect from him.

 

Was this a new car you bought, or a dealer "demo." New cars don't have 800 miles on them... Sounds like you bought a "used" demo previously untitled. Either way, the dealer should have disclosed the damage... I would think...

 

Any update?

 

Seeing as how you posted this in the Chicago section I am assuming that the dealer is local. What dealer was this, I want to be sure to stay out of this place.

 

Well, I don't have an update yet. I was in Monterey for the last week and just got back in town. I plan on giving them a call this week and deciding what I want to do.

I did consult an lawyer and at this point I do not have any recourse as the repair they performed did not exceed 6% of the MSRP.

Thanks for everyone's input and I'll let you know if I get anything done with this.

 

Is that under the Deceptive Trade Practices Act?

 

But do you know this for sure? And aren't they still required to disclose that information?