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  1. #1

    Angry Dealer Sold Me a New Vehicle and Did Not Disclose That It Was Damaged

    My question involves a consumer law issue in the State of: Maryland
    I purchased a $60,000 New, off the lot, 0 miles, vehicle from a Maryland dealership. I was never told nor received paperwork disclosing it was other than brand-spanking new.

    Around the 10,000 mile mark the clear coat began peeling on the entire driver side. I sat on taking it to the dealer for 2 years (busy).
    The dealer "did their research" and stated that my VIN #/vehicle was damaged from someone keying vehicles. (Kudos to their confession).

    The dealer repainted the entire driver side this week (Kudos to their attempt). However, they repainted the vehicle in full tact, not taking each part off as complete in the factory. I have overspray and particle issues and a drooped/drip with the paint.

    Inquiring what Maryland law states about dealerships disclosing damage regarding NEW vehicles and at this point what leverage I have.
    For crying out loud, had I known it did not have a factory paint job I would have purchased a used vehicle, saving at least 30%! And, I paid the dealer full price for something that wasn't worth full price. Right? WTF over.

    Thanks for your help.

  2. #2
    Join Date
    Sep 2011
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    Default Re: Dealer Sold Me a New Vehicle and Did Not Disclose That It Was Damaged

    It is standard practice to repair paint issues on new vehicles, without disclosure. Paint issues can crop up due to minor imperfections or scratches during transit or storage. If dealers disclosed this, everyone would be standing in line wanting an additional discount for touch ups.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  3. #3
    Join Date
    Jan 2006
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    25,767

    Default Re: Dealer Sold Me a New Vehicle and Did Not Disclose That It Was Damaged

    how do you equate a vehicle with 0 miles on it that had some paint repair with a used vehicle?

    I was never told nor received paperwork disclosing it was other than brand-spanking new.
    that's because it was brand-spanking new so why would you expect to be told anything different?

    . However, they repainted the vehicle in full tact, not taking each part off as complete in the factory.
    and this is a problem why? It isn't that the original paint was defective. It was that an exterior panel was damaged. The paint in places you cannot see is just fine; no scratches at all.

    I have overspray and particle issues and a drooped/drip with the paint.

    Now this I agree is a problem. Take it back and have them fix it.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  4. #4
    Join Date
    Jan 2010
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    Default Re: Dealer Sold Me a New Vehicle and Did Not Disclose That It Was Damaged

    And a dealer could put there "dealer license plate " on a vehicle, then log 10,000 miles on that vehicle, and then sell the vehicle for "brand new".

    It's not considered a used vehicle until it is registered with a state.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #5
    Join Date
    Sep 2005
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    Default Re: Dealer Sold Me a New Vehicle and Did Not Disclose That It Was Damaged

    Many new cars have suffered scratches, stone chips, dings, and other similar issues - usually not requiring as much repair as your car apparently required, but it happens pretty routinely, given that cars are hauled down public roadways on big haulers and are exposed to the elements, flying debris, and even accidents involving the haulers. Sometimes the repairs are de minimis, but sometimes they're substantial and should result in the buyer being notified of body work or repainting.

    There's a famous case out of Alabama, BMW v. Gore, that involved a repainted "new" car, in which the Supreme Court reversed state rulings upholding a $2 million punitive damages award arising from a claimed $4,000 (@<10%) reduction in value from the repainting of the car. In response to the case, BMW instituted a nationwide policy of full disclosure of all repairs, no matter how minor.

    There's some discussion of vehicle condition and Maryland Consumer law in this case, McGraw v. Loyola Ford, 124 Md. App. 560, 723 A. 2d 502 (1999). I think you have a plausible case that the failure to disclose would implicate the state's consumer protection law - the question is, who failed to disclose, the dealer or the manufacturer / shipper. Do you know where the damage occurred, who performed the repair, when the dealership learned of the issue, and who else knew of it prior to the sale?

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