Found out dealer didn't disclose paint work | Page 3 | FerrariChat

Found out dealer didn't disclose paint work

Discussion in 'Ferrari Discussion (not model specific)' started by Dansage, May 5, 2018.

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  1. arizonaitalian

    arizonaitalian Two Time F1 World Champ
    Owner Silver Subscribed

    Oct 29, 2010
    20,000
    Wyoming
    Got it. I'd be pissed off too if they literally said that and then it had "obvious" paint work. Good luck with the GM and let us know what transpires.
     
  2. Smiles

    Smiles F1 World Champ
    Lifetime Rossa Owner

    Nov 20, 2003
    16,619
    Pittsburgh, PA
    Full Name:
    Matt F
    I don’t think you appreciate what “in writing” actually means, or the weight if it.

    Matt
     
    Natkingcolebasket69 likes this.
  3. BMW.SauberF1Team

    BMW.SauberF1Team F1 World Champ

    Dec 4, 2004
    14,244
    I agree with this method. Ask management/FNA politely for something to make you whole on the deal...either dollar equivalent or replace it with a similar spec car without damage/repair history. If they decline, then go the lawyer route. This is of course assuming the document you have specifically says no paintwork was done.
     
  4. toggie

    toggie F1 World Champ
    Owner Silver Subscribed

    Nov 30, 2003
    19,036
    Virginia
    Full Name:
    Toggie (Ron)
    Another possible thing to consider is that the written statement you have is from a sales person.
    I'm not an attorney and have no legal training, but I know the typical employee cannot sign contractual agreements binding the company.
    In the old days, that's what the job title of Vice President or General Manager used to imply, that the person had binding authority for the company.
    Over the years this has gotten blurred a lot, so I don't know if it will be an issue in your situation or not.

    It may be that their defense will be that the sales person is just a low level employee and cannot make contractual commitments for the dealership.
    Don't know, but thought I'd add that to the mix of things to think about.

    Once again, it's best to tall to an attorney licensed in your state that has experience in car lawsuits.
    .
     
  5. Innovativethinker

    Innovativethinker F1 Veteran
    Silver Subscribed

    Aug 8, 2009
    8,669
    So Cal
    Full Name:
    Mark Smith
    Sell me the car for $100k, I’ll put it writing that the price was due to diminished value of the car due to the paint work. I’ll even agree to testify for up to one day.

    Then you will be rid of this obvious lemon and have a good factual basis to litigate.

    I do understand, it’s like finding out your shiny new girlfriend has slept with both your brothers.






    The above was simply an attempt at adding humor to a difficult situation.

    Sorry for the predicament your in, and now you are a more experienced car buyer.
     
    TKSA and Schulz308 like this.
  6. Texas Forever

    Texas Forever Seven Time F1 World Champ
    Rossa Subscribed

    Apr 28, 2003
    76,213
    Texas!
    100% on the money. You'd be stunned if you knew how many Ferraris required body work after delivery to a dealer. The only Ferrari I had new was a Challenge Stradale. The paint was so crappy there were places were the black undercoat showed through. Fortunately, Rosso Scuderia covers up a lot of blemishes. When I asked about it, the service manager just shrugged his shoulders.
     
    RossoC360 likes this.
  7. Texas Forever

    Texas Forever Seven Time F1 World Champ
    Rossa Subscribed

    Apr 28, 2003
    76,213
    Texas!
    At a minimum, the dealer owes you an explanation of when the paint was done and why.
     
  8. TheMayor

    TheMayor Nine Time F1 World Champ
    Rossa Subscribed

    Feb 11, 2008
    98,792
    Vegas baby
    That and a $5 bill will get you a cup of coffee.
     
    Texas Forever likes this.
  9. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
    7,379
    Weston, MA
    Full Name:
    Paul
    What is he missing?
     
  10. phrogs

    phrogs F1 Veteran
    Silver Subscribed

    Apr 13, 2004
    7,130
    Michigan
    Three pages and not a single photo.

    I want to see what you missed and the pros found before I say anything.

    Also no PPI?

    I am a painter id love to see it.
     
  11. arizonaitalian

    arizonaitalian Two Time F1 World Champ
    Owner Silver Subscribed

    Oct 29, 2010
    20,000
    Wyoming
    Its unlikely an email or text constitutes a "binding contract" or would be considered part of the contract. More likely the legal issue here is one of fraud(ulent inducement). I'm no lawyer, but that's my guess.
     
  12. Dansage

    Dansage Karting

    May 20, 2012
    230
    I'm not posting anything until after my meeting with the GM this week. I think it's best to not name names and put up conversations, pictures, etc until I have at least least tried to hash it out with them. Maybe I'm wrong and should've outed everything immediately but I'm trying to be diplomatic.
     
  13. Dansage

    Dansage Karting

    May 20, 2012
    230
    Hey all. I just had my meeting and it didn't go well so get ready for story time!

    So the car I bought was a Pozzi 458 spider in Feb of this year from Wide World Ferrari in Spring Valley, NY. I took delivery with a little over 14k miles on the clock. Throughout the process I very adamantly asked on multiple occasions if the car had any work of any sort done to it and was always assured it had not. Satisfied, I took delivery days before my 20th birthday. Fast forward to now. I ordered a new Aston Vantage via Miller Motorcars and in the process asked for a trade appraisal on my car. From the moment they saw it and opened the door they said there was paint work done noting the line along the edge showing where the tape was placed along with fish eyes in the paint. Looking around it they also pointed out a few other panels that had been redone. Car was mechanically fine otherwise and they put a value of 150k on it which is WELL below market but explained it was due to the fact it was worked on and for all they knew based of the extent of paint work might have been in an accident. Naturally baffled I called the service department at wide world who said they knew nothing about it (s/o to Charlie who's an absolute standup guy A+ in my book) I took it over there and they looked at it and sent me up the street to their bodyshop who's manager looked at it and again confirmed what Miller said, that it had extensive work done. In search of more opinions I took the car to a body shop locally who also agreed with Miller's initial thoughts that the work was extensive enough to warrant a possible accident.

    Fast forward a day I called my salesperson Justin (another standup guy as I'll explain) who was legitimately shocked and said to bring it in when the GM was back from vacation (today). I did as asked. I then talked to the GM (Mike) who I'll refrain from using "technical"/obscenities to describe attempted to work me like I was a complete moron. Amongst the excuses were paintwork upon delivery in '13, a "small" scratch (across 4 panels?), naturally deteriorating paint(who knew paint can decompose just from driving!) and then told me he'd be "doing me a favor" by taking it off me for $160k. I naturally told him that won't work and explained he's essentially saying the value of my car is now completely reliant on it only being traded there as any other dealer who isn't blind can tell it was worked on and will ding me for it. The response was well dealers shouldn't test paint which I'm sure we can all agree any prudent exotic dealer will test the paint before taking in a car. Seeing that the conversation wasn't going anywhere I left his office and went to the service area to wait for my car that was having a tire replaced due to a bubble. Justin came to me separate from Mike explaining the entire situation was a mess and he seemed to genuinely feel bad and we talked about what I saw as a reasonable solution which was them buying the car back minus a penalty for the miles I drove. Justin explained he agreed that sounded reasonable but that Mike wasn't having any of it and was pissed enough to even have been confronted with such an issue and he didn't see it going over the number of $160k. I should also add I discovered that the previous owner of the car had it financed through a subprime auto lender which hints that the car was damaged and repairs paid in cash then he sold it to Wide World because he wouldn't be able to afford the diminished value write off had insurance been involved and they knew they could put the car into my lap as a young and naive first time Ferrari buyer. I explained to Justin that I'd be sending an arbitration notice today and he seemed genuinely annoyed by the situation as he really didn't seem to know the history the car had and it blew up what would've otherwise been a good sales relationship and a future long buying history.

    That's all I'll say for now as I said it will be going through arbitration. If anyone has any constructive points please do share!
     
  14. 95spiderman

    95spiderman F1 World Champ
    Silver Subscribed

    Nov 1, 2003
    15,221
    ny
    sad but exactly what I would expect from a car dealer. you will get no where with them. hopefully, courts will offer you redress but even that is unlikely.

    I would have the car inspected and see if there is any other damage besides the 4 panel paint. unfortunately, I wouldn't be surprised if it had frame damage, bondo work, etc.

    good luck!
     
    Texas Forever likes this.
  15. RossoC360

    RossoC360 Formula Junior
    Owner

    Jun 20, 2008
    475
    Buffalo NY
    Full Name:
    Jason
    160k sounds low for wholesale if the car is in just as they sold it condition, that would suggest about 185k retail.
     
  16. toggie

    toggie F1 World Champ
    Owner Silver Subscribed

    Nov 30, 2003
    19,036
    Virginia
    Full Name:
    Toggie (Ron)
    Be careful with the information you share with Justin the salesperson. It is a classic thing for them to play “good cop, bad cop” using the Manager as the “bad cop” who always says no and the salesperson the “good cop” who pretends to be your confidant and advocate. but is really just feeding information to the Manager. They do this all the time in a car sales situation when the salesperson talks privately with the Sales Manager to “fight for” your discount. It is all an act. Something they do 20 times a week, every week.
     
  17. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
    7,379
    Weston, MA
    Full Name:
    Paul
    This. ^

    Take whatever he says and assume it means the opposite. Trust that he is not working on your behalf.
     
  18. AshAP

    AshAP Karting

    Apr 14, 2018
    142
    Full Name:
    Ash
    Good luck, from your other thread it sounds like you’re in a strong financial position and will be able to follow through with legal action rather than just threaten it. Car dealers seem to be a breed of people who are just untrustworthy, there are exceptions of course but they seem to be few in number.


    Sent from my iPhone using FerrariChat.com mobile app
     
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  19. PaulK

    PaulK F1 Rookie
    Silver Subscribed

    Apr 24, 2004
    4,624
    Michigan
    Full Name:
    Paul
    Do you have any pictures of this paint in question?

    Arbitration usually favors the dealer, by way. When I went to dealer school that is exactly how they sold it to us.

    If it was only paintwork and everything else is fine, you'd be better served just having the paint corrected than going after the dealer out of principal. I view it as good money chasing bad.
     
    Natkingcolebasket69 likes this.
  20. Dansage

    Dansage Karting

    May 20, 2012
    230
    I'll post some up in an hour or so. The car is currently down in my building's garage but I'm not there.

    I figured arbitration would favor the dealer since that's why they all want you do be bound to enter it.

    I will be going after them. There is a very conveniently located billboard right next to them that I have bought the rights to and plan on using as a PSA for their business practices. Looking back on it from the beginning I hope my experience can help others from being taken advantage of by them.
     
  21. A348W

    A348W Formula 3

    Jun 28, 2017
    1,749
    North Wiltshire, UK
    Good luck. I hope you get some form of compensation out of this.

    As others have said, don't trust any of them, and be careful what you post online such that it does not potentially undermine any future legal action you take.

    But keep the community posted so "we" know who can and can not be trusted and thus who gets our money and who does not!

    (Not to the same extent but I've also been on the end of a dodgy car dealer so hope they man up and do the right thing by you.)
     
    Texas Forever likes this.
  22. PaulK

    PaulK F1 Rookie
    Silver Subscribed

    Apr 24, 2004
    4,624
    Michigan
    Full Name:
    Paul
    I'm sorry this happened to you. Your fustration is understandable, but proceeding how you have described without consulting an attorney would be unwise.
     
  23. BMW.SauberF1Team

    BMW.SauberF1Team F1 World Champ

    Dec 4, 2004
    14,244
    I'm still not understanding why your profile says you're 28, but you have said again you're 20.

    Also, I would probably not go into detail on the story in a public forum like that and go with an attorney until things are sorted out.
     
  24. Dansage

    Dansage Karting

    May 20, 2012
    230
  25. paulchua

    paulchua Cat Herder
    Lifetime Rossa Owner

    Jul 1, 2013
    16,096
    Menlo Park, CA
    Full Name:
    Paul Chua
    I feel bad for you dansage...that's messed up. That sounds way more then 'a little scratch.' I can see why you would be frustrated. Assuming they had the arbritation clause already in the purchase contract. If you don't mind disclosing, what was the purchase price? Depending on the delta between 160 and that, maybe you can come with a middle of the road number for depreciation and miles and save additional pain and time.

    Not sure if the guy would take it though, sounds like he got caught red handed and trying to save his behind.
     
    daytona355 likes this.

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