New Car Delivered with Damage - What Recourse Do I Have

[billynat]

My question involves a consumer law issue in the State of: AZ

I purchased a new Hyundai Elantra for my daughter, which was brought from a sister dealer. Upon delivery, we noticed several minor scratches and a ding in the roof -- none disclosed by dealer. The salesman said bring it in later and they would fix it. So we took it. When my daughter got home, my wife looked at it and we noticed a major scratch on the rear bumper. Called immediately and returned the following AM to show the GM. He said they would fix it with on-site guy. Well it was to much for him and it went to the body shop. When I queried the body shop guy, he said they had to replace a couple parts under the bumper. This set me off. I went back to the GM stating I would not take delivery (cash payment is on hold, title processed). I got the "you took delivery" story, and we don't know where it happened... and the bodyshop will fix it like new. Since its cash/internal, no car fax report. We will see it fixed next week. The GM is still holding the check until we are statisfied.

Do I have legal grounds to refuse delivery? Or have an adjustment made to the purchase price, a rebate or something. Is there a value range for this issue. My Daughter loves the car, though only had it a few days.

This has/will cost the dealer a lot, but that is not my concern. They delivered a car purported as "new" with transit damage of some sort. To date, they have been very accomidating. Advice is welcome.

[flyingron]

Legally, you have no recourse. You might work your way up the foodchain at Hyundai to see if you can get some better customer service, but that's about it.

[Mr. Knowitall]

This is simply damage that occurred in transit, as opposed to damage from a collision with another vehicle? Your daughter picked out a vehicle on the lot and said, "I want one like this, but in [red]", such that the vehicle was brought in from another dealership but she hadn't seen it before delivery?

[billynat]

Happened in transit I suspect, and they delivered from another dealer. We missed it at delivery, noticed right when she came home. We pick it up today, hopefully they did a good job on the repair, as they car is in high demand. Their strategies focus on not ever taking a car back.