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Started By
Message
Dealership hijinks
Posted on 5/24/17 at 10:09 am
Posted on 5/24/17 at 10:09 am
Anyone dealt with something like before?
Friend of a friend purchased a vehicle from a Brian Harris dealership that was marketed and sold as "new." He traded his own vehicle in the purchase. He then discovered within the next two weeks that it had been involved in a prior accident and sustained rear end damage.
He brought it to the dealership's attention, who agreed to give him his trade-in back and take back the new purchase. Problem is, the dealership had already painted and made other partial changes to portions of the trade-in, which are now causing issues that they refuse to fix.
He is currently driving a loaner car from the dealership while they are holding BOTH of the said vehicles, yet they said if he doesn't return it in two days they're going to report it stolen in violation of their terms.
Sounds like quite the clusterfrick, but looking for any insight if anyone has dealt with something like this before.
Friend of a friend purchased a vehicle from a Brian Harris dealership that was marketed and sold as "new." He traded his own vehicle in the purchase. He then discovered within the next two weeks that it had been involved in a prior accident and sustained rear end damage.
He brought it to the dealership's attention, who agreed to give him his trade-in back and take back the new purchase. Problem is, the dealership had already painted and made other partial changes to portions of the trade-in, which are now causing issues that they refuse to fix.
He is currently driving a loaner car from the dealership while they are holding BOTH of the said vehicles, yet they said if he doesn't return it in two days they're going to report it stolen in violation of their terms.
Sounds like quite the clusterfrick, but looking for any insight if anyone has dealt with something like this before.
6
Posted on 5/24/17 at 10:14 am to Jwodie
This does not constitute legal advice, but have a lawyer send the dealership a letter. They misrepresented the car they sold him and should make it all right
Posted on 5/24/17 at 11:06 am to The Boob
Yep. Strongly recommend seeking legal advice.
Posted on 5/24/17 at 11:27 am to dirtsandwich
There is a small amount of damage that a car can sustain before sale and still be sold as "new" Cars get damaged during shipping, at port or whatever. Sometimes this is repaired before the car even gets to the dealer and they have no knowledge. He's lucky the dealer had agreed to take it back, that may be his only leg to stand on.
Posted on 5/24/17 at 11:30 am to dirtsandwich
He should be pissed, how many miles were on it? Was it wrecked in the sales lot? Rear End damage that was fixed wouldn't bother me but he should definitely get a refund. I'd be pissed if the dealer didn't tell me about it.
Definitely a letter from a lawyer.
Definitely a letter from a lawyer.
Posted on 5/24/17 at 11:43 am to achenator
Achenator makes a valid point - would check on that and mileage
Posted on 5/24/17 at 12:54 pm to Jwodie
This is a total civil issue. No Police Officer should take that report as a stolen vehicle. And I agree, seek legal advice.
Posted on 5/24/17 at 1:05 pm to Shepherd
quote:
No Police Officer should take that report as a stolen vehicle.
Wait...what? It's their vehicle. Titled in their name. They are not allowing you to use it. If you don't return the vehicle, it's a criminal offense.
You think he can just keep their vehicle for years while the dispute is litigated in civil court?!
Posted on 5/24/17 at 2:22 pm to Jwodie
These are the cases where you sue for everything you can get.
Screw scumbag shady people.
Lawyer up.
Screw scumbag shady people.
Lawyer up.
Posted on 5/24/17 at 3:26 pm to TigerDeBaiter
good luck but a lawyer will have to prove that the dealer knew about the damages beforehand. A lot of times they don't. Thousands of cars are shipped over on ships every day and across the country on trains and trucks. Some are damaged in transit, it happens. What type of vehicle are we talking here?
Posted on 5/24/17 at 5:09 pm to achenator
I guess OPs friend will have to judge that himself, but it sounds like more than a scratch from shipping.
I immediately thought of a sales manager vehicle that was involved in an accident, but yes, it could be much more minor than that.
Bottom line is, sounds like the dealer knew about it since they are willing to take the vehicle back and redo the trade in.
I immediately thought of a sales manager vehicle that was involved in an accident, but yes, it could be much more minor than that.
Bottom line is, sounds like the dealer knew about it since they are willing to take the vehicle back and redo the trade in.
Posted on 5/24/17 at 5:14 pm to The Boob
500$ of lot damage can be undisclosed on a new vehicle. The best case scenario is your lawyer gets the dealership to pay for the repairs on your vehicle that you traded and rental costs for while it's being repaired.
-What repairs did they make that are causing issues?
-What documentation do you have on the sale/cancellation of the sale?
-What reason did they give for not fixing your vehicle they fricked up?
-What repairs did they make that are causing issues?
-What documentation do you have on the sale/cancellation of the sale?
-What reason did they give for not fixing your vehicle they fricked up?
Posted on 5/24/17 at 6:20 pm to Ex-Popcorn
You have a bill of sale. It's civil.
Posted on 5/24/17 at 7:38 pm to Shepherd
quote:
He is currently driving a loaner car from the dealership while they are holding BOTH of the said vehicles, yet they said if he doesn't return it in two days they're going to report it stolen
quote:
You have a bill of sale. It's civil.
Why would they give him a bill of sale on a loaner vehicle
Posted on 5/24/17 at 8:16 pm to Jwodie
What does "sold as new" mean, either its used or new.
Posted on 5/25/17 at 12:08 am to Jwodie
The prior accident could have been from the transporter or some dumb arse employee backing in to a fence with it. If he didn't notice it when he bought it, he shouldn't worry about it and get it back. It's not going to affect the value if a good repair was made which it probably was
Posted on 5/25/17 at 3:10 am to weadjust
I half arse read the post. I see it's the loaner they are wanting to report as stolen. This is some dumb arse shenanigans.
Posted on 5/25/17 at 7:21 am to Jwodie
I bought a new Tahoe from Iberville Motors in 2010 a couple days before they went out of business / changed over to Supreme. About 6 months later the front bumper started coming loose. I took it to Gerry Lane body shop and guy looked at it and said he wasn't touching it because "obviously it has been wrecked and fixed". I didn't know what to say. After many phone calls and long story short. General Motors agreed to "fix" the bumper but would not take vehicle back. I talked to guy with the state, motor vehicle inspector or something like that. He told me that new vehicles can be sold as new even if body work as beenh done. Work has to be under some dollar amount (I don't remember amount) but proving it was over that amount is impossible. I was always a Chevy guy but after that I will never buy a GM product again.
Posted on 5/25/17 at 9:55 am to achenator
quote:
There is a small amount of damage that a car can sustain before sale and still be sold as "new" Cars get damaged during shipping, at port or whatever. Sometimes this is repaired before the car even gets to the dealer and they have no knowledge. He's lucky the dealer had agreed to take it back, that may be his only leg to stand on.
I can understand vehicles get dinged during transport.
But to me "new" has less to do with that and more to do with mileage/prior ownership.
If you are buying a car "new" you would expect it to be free of defects and free of any remediation - unless it is disclosed.
Legally I think the company is hosed but maybe they can wiggle out of it. Morally, I hope they burn down if the don't make this right.
Posted on 5/25/17 at 9:58 am to achenator
quote:
good luck but a lawyer will have to prove that the dealer knew about the damages beforehand. A lot of times they don't.
So a layman can find out about the damage but the expert can't? yeah that's not going to hold up.
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