Found out dealer didn't disclose paint work

That sucks. Is the store where you bought the car a factory dealership? If so, you could take up your situation with FNA as a starting point.

 

The problem of course is the legal costs of going to court will likely exceed the diminished value of the 458 due to just the paint issue.
I'm not a lawyer but I think it is pretty easy to run up a $50k plus legal bill if you the other side fights back at all (letters, filings, counter suits, depositions, expert witness fees, etc.).

So, is Small Claims Court an option? Don't know the limit in your state, maybe $5k max settlement?

Or, get a lawyer to write the initial letters and hope they settle out of court early in the process?

I guess it wouldn't hurt to talk to an attorney licensed in your state with experience in car lawsuits.

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If paintwork was a concern did you ask them if the car had any paintwork prior to purchasing? A dealer is not required to disclose paintwork. Period. You have ZERO legal action unless the car was misrepresented. If the carfax is clean it was most likely a re-spray to repair minor damage like a scratch.

 

Sucks and emphasizes why all cars need ppi regardless who buying it from. authorized dealers word is worthless. Clean carfax almost meaningless since people who buy $250k cars usually willing to pay for repairs out of pocket so insurance co never reports it. Have car inspected to see exactly what was damaged. I doubt it was 'just a light respray' as if someone keyed it. Good luck but buyer beware of used car dealers!

 

You're still one of their customers, so I don't think it can hurt to try contacting them.

 

Yeah at this point the best thing to do is get the paint work and overspray cleaned up and enjoy the car.. just another used car dealer, deceptive in their practice. Remember it for next purchase, about all you can do.

 

Yes, unfortunately it is.

This happens all the time with all kinds of makes. I would say there is zero chance they would buy the car back. Maybe if you had a lawyer send them a letter they might make some small financial concession.

If you are absolutely positive they lied to you, then tell them you will go public here with the situation. That might get them to move. Keep in mind they may have taken in the car not knowing the paint damage.

 

Did you have a ppi done on the car?

Is it a CPO car?

If you had a ppi done it would be good to know who did it. Because that’s an easy thing to catch.

If it was a CPO car you have a much better leg to stand on. But even then, really just for leverage on the next deal at the same dealership.

A dealer has no obligation to tell you anything really. Most of us saying things like that learned it the hard way, so please don’t feel like anyone is looking down at you about this!

 

Read the CPO terms / conditions word for word, especially regarding paintwork and bodywork. Do you know the name of the prior owner? A polite phone call to him to find out the true history might prove fruitful. It's possible terms of CPO were violated. I'd have a lawyer review.

 

I suspect this happens more than we think.

I bought a brand new Maserati spider in 2003. I got one of the very first batches. It had 35 miles on the clock when I picked it up --which is quite typical.

Years later I brought it to another dealer for service and detailing. It was never serviced anywhere but one of 2 dealers and never had any damage of any kind.

When I picked it up the service manager said to me: "So, when did you have the hood repainted?"

"Never" I said

"oops"

 

CPO to me makes it more likely that you can successfully throw a fit.

Where are you geographically?

 

CPO doesn't mean it was never hit. It means its to factory standards (whatever those are). This car may have been damaged in shipment and repaired by a factory authorized shop. If that's the case, it will pass the CPO.

Or it was keyed and they repainted it in an authorized shop. It would still pass if it's to "factory standard".

 

Probably not an age thing, they probably would have done it to an older person too.

If it helps any, very few customers are going to bring a paint thickness meter with them when buying a CPO car from an official dealership.

Sorry you're dealing with this situation at this point.

 

Totally agree.

I’m just saying that if one pays extra for a CPO car, it would be worth more traded back to the same dealer. If not, they are gonna have a tough time explaining why.

I know, I know, they’ll lie about market conditions and having too many 458’s and...

 

Completely agree. The OP probably overpaid for the car but the dealer is probably off the hook. It does make you wonder what else they don't tell you about CPO cars.

 

Yep, I had it happen to me back in 1985 when I was buying a new light blue Nissan 300ZX from a Nissan dealer.
I test drove the car on the lot, said I wanted it but had to get a car loan approved from my bank.
I went back the next day with the car loan approved and the new 300ZX had a big dent in the lower panel on the driver's side of the car.
The dealership said they could fix it like new and nobody would know the difference.
They said small accidents like that happen more often than you think on tight car lots.

I said I still wanted the exact same car, just not THAT one.
They couldn't believe I was going to force them to do a dealer trade to sell me my new car.
I told them I wrote down the VIN of the damaged car and I definitely wanted a different new one, just like it.
The next day they called me with another new one on their lot, which I bought.

So, if I didn't see the damage with my own eyes, they would have fixed it and never told me a thing about it.
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Here is the sticking point

You assume a CPO car has never had any paintwork
The dealer believes a car with paintwork done to factory standards meets CPO standard.

Kinda hard to win that one. No where in the contract does is say the CPO statement that the car never had any damage or paintwork done. It just says its to factory spec.

Your case seems extreme but a lot of cars have their front bumpers resprayed for resale to remove chips and stuff. If it's to factory spec, then no one really cares. Fairly common.

 

Happened to me too. Car bought new (VW Jetta),... having a tire repaired 6 months later,.. mechanic says the entire front of the car has been painted...

Dealer didn't disclose anything but we (wife and I) got the car stupid cheap (3K less than any competing dealer) at 9 pm on the last day of the month... we thought we stole it. Dealers never lose....