On 4/9 I picked up my (what I thought was) dream car. It was overcast and I had to store it ssome 30 miles from wwhere I live. On 4/20, I washed th ecar for the first time and noticed "serious" streaks caused by bufffing. I contacted the dealer, advised them of the situation and agreed to to to work out of the problem using Zaino Bros. products. I susequently learned that the top had been repaited because of shipment damages. I e-mailed a photo of the "MAJOR" color difference between the roof and the rest of the car. The Dealership has been very cooperative and wants to satisfy me. Last week, on Thursday, I decided to request a replacement car. I have met with a persson who workks for Ford (bad name??) who resposability is quality control for paint inspections at Ford's assembly plant at Torence, IL. He told me that the problem that I've showed him with photos is a process called " paint flopping" ( sounds bizar but he assures me that this is a term expresed within the " paint world". Forgot to tell you, that dealer admitted to re-painting the roof, because of shipment damage. My queation to anyone who's taken the time to read all of this, what should I expect? I've notified GM that I want aa replacement car. Where I currently stand is that a GM rep will contact the service mgr of the dealership and if my presance and car is requested, I will be notified by the service manager. What should I expect? The roof does not match the rest of the car. I have serious "swirls" after repeated usage of Zaino. Please offer whatever you think is pertinent to my case.

Thanks :cheers: :cheers: :cheers: :cheers:

 

You paid for a new car, with a factory paint job. They did not disclose what they did. They should have--daresay you would've told them to get you another one. Of course, that's why they didn't tell you. Put everything in writing. Take the car back to the dealer. Get a lawyer if necessary. Good luck.

TT :mad

 

Settle for nothing less than a new car. Plain and simple. Their job is to deliver a factory new car. If you wanted a damaged in shipment car you would have ordered one! Tell them to cancel the paperwork and walk away. Too many dealerships are hungry now. Don't be rude but be very firm. They negotiate for a living and you may not. If worse comes to worse, hand them the keys and walk away. What are they going to do? :smash:

 

Maybe you should actually call GM and ask them. The dealer doesn't want the car back and will try to do anything to make you keep it!:sad: Zaino won't get swirl marks out by the way. :nonod: I would assume that the only solution would be to repaint the entire car, but then that makes it used, right? I'm sure you didn't pay for a used car. :crazy:

 

Just to throw a curve in the mix. Repaints over prior paint jobs tend to build up to heavy of a paint layer leading to crazing and other noticable defects. Tell them if they wish to repaint the car you want it media blasted to romeove the old paint, reprimed and then repainted and reclearcoated. That should give them something to think about.


[Modified by CAPN17, 6:06 AM 7/15/2003]

 

:iagree: Settle for nothing less!!!!!!!!!!!!!!!!

 

I disagree, that would still make it a re-painted, damaged car, bring it back, and get a lawyer to go with you when you do. :nonod: :nonod: :nonod:

 

Also contact your State's Lemon Law division. Some States have lawas that if a car goes back for the same problem 3 or 4 times within x number of months and it cannot be fixed it is declared a lemon and must be either replaced or bought back at a fair price. They may be more helpful than anyone else.

Certainly expecting a new car paint finish that is acceptable is not unreasonable. However, be prepared for a potential charge for using the car for however long you have owned it.

 

If you bought the car new, the dealer must disclose that it was repainted. I don't have any personal experience with this, but I'm almost positive that this is the type of scenario that led to this law.

 

whenever i buy a new car, i always get in writing that the car had no prior damage and was never repainted or repaired in any way prior to me taking delivery.

 

First, thanks for the reply. The car was exactly 3 months old (4/9- 7/9) when I made my decision. It has 650 miles and has and will remain parked until this is resolved. :cheers: :cheers:

 

Thanks for the reply. I'm 20/20 smart now also!!!!!! :cheers: :cheers:

 

Thanks for the reply. I will take your points to discussion should the need arise. :cheers: :cheers: :cheers:

 

I do not think they have to give you a new car but they do need to inform you over a certain dollar value I believe in NY. My friend had a Ram Charger and the dealer painted it 6 times and it would alway peel.

 

Bad deal.

Maybe you can get it done on your own, but a call from a lawyer will get their attention faster than anything else. Your lawyers immediate course of action should be to ask for the General Manager of the dealership. He will either be able to get to him or his secretary. Either way, his first statement is, "I wanted to advise you of when the lawsuit will be filed". If he is worth his salt, the ball will roll very fast from there. General Managers at dealerships can make things happen when no one else can. If he is decent, he will be glad to speak with you even if you choose not to get representation. Do not waste your time with service or sales managers, you are being played by folks that, depending on the dealership, have no power to do what you want done. Their job is to make the problem go away, cheap. Though it may cost you a few bucks, you will get it done much faster through an attorney...and less stressful.

There are questions from their side about your case. Why did it take 3 months to make this decision? Why would someone use a product to try and "repair" the problem instead of returning the car immediately? Is the guy serious if he took this long....and still hasn't hired representation. Not taking their side at all, but these are real questions that can and probably will arise. Because you used Zaino, you may have left them an opening. They will try to twist it that you must have felt some responsibility, as most other folks would have refused to do that and returned the car.

Again, the advice would be to get an attorney and prove you are serious. These people play this game everyday, you don't.

Based on life experience.

 

Saw your thread.

I won't repeat all of the other good advice but will add a few other people you might contact.

First, who do you have the car financed/leased through? If it is GMAC, call them up and let them know the situation. Tell them that you have legal representation looking into it and that you will probably will not be making your car payments. This will usually get their attention. I would not advise this if you have a third party financing it because they won't care about your position.

Second, call your insurance company and advise them of the POS that they are insuring. I bet they will contact GMAC fast to get the low down. They will be worried that you will not take care of this POS and the real value vs insured value will not add up.

Last, contact your state's attorney general and advise them of your dealer's efforts/position in this situation. If the dealer is helping then hang it on GM. If the dealer is just wasting your time, put the blame on them.

Just for fun, you can always call your citizen advocate rep at the local tv station. Always good for few laughs.

Best advice -- get the biggest SOB attorney you can find. They are worth their weight in gold!

Good luck

Marc

 

WARNING: I am not a lawyer or even a law student. I am not sharing this information as legal advice. I don't even claim that the information I am sharing is accurate or applicable in your situation. I am not even making a recommendation. Those are things I leave to legal counsel that I retain to represent me.

To me, it sounds like a case of a dealer with little or no moral integrity.

In the state of Texas, failure to disclose damage on a vehicle sold as "new" is illegal. The dealer even has a special release form to disclose the damage to you prior to your final agreement to purchase the vehicle. If you agree to purchase the vehicle, you must sign the release.

Although you may not have the same law in your state, you may still have a strong legal position under the UCC (Uniform Commercial Code). If the seller withheld information that, had it been disclosed, would have affected your decision to enter into the purchase agreement, the purchase agreement can be held as invalid.

If this had happened to me, I would have a qualified attorney on my side.

My wish for you is that this issue is rapidly resolved to your complete satisfaction.

dave

 

I think you are being totally unreasonable. The people on this forum are stroking your fantasy. If you hire a shyster, you will end up with a big legal bill, and nothing to show for it. Most lemon laws, allow the manufacturer the right to correct the problem.

Now that GM and the dealer know that you cannot be placated with shoddy work, they will probably do the right thing. I in no way condone the dealership's actions either.

I

 

I guess laws very from state to state and MI being a "car" state, dealers might be able to get away with something like this but rest assured not in Ct., , Failure to disclose damage on a vehicle sold as "new" is illegal here and should a dealer end up in court they could be assessed with all costs including the court costs

 

I had almost the same scenario happen to me. I told them I would not accept the car in that condition and they would get me another one or I would be by that day to pick up my downpayment check and retrieve my old car.
They found another car and had it shipped 300 miles the next day.