I purchased a new vehicle using Cash for Clunkers. The vehicle turned out to have serious environment contamination in the hood and front bumper, which was reported within the same week of purchasing. The manufacture has denied warranty, and the dealer has accepted responsibility.
At present, the dealer has tried to repair and repaint the hood and bumper on four separate occasions, but the problem still remains. The vehicle has been at the dealership for over 33 days in total.
Now, it comes to light that the entire vehicle has this environmental contamination and must have all of its glass replaced as well as a complete repaint. The work will be extensive. The dealer has agreed to do the repairs at no cost to me. However, I am not confident they will do a proper job, seeing how they've had four attempts at repairing only the bumper and hood, which remain uncorrected.
The dealership acknowledges that their attempt at repainting the entire vehicle will also be less than perfect. The other problem is that my vehicle will be further devalued due to the repaint, and may suffer other consequential affects, such as squeaks and rattles due to the serious nature of the repairs.
The dealer has offered to repurchase my vehicle for the trade-in value. That is $5000 less than what I paid.
If I accept the dealer's offer to repurchase, may I then proceed to small claims court for the additional loss?
My goal is to avoid civil court by accepting the repurchase, allowing me to sue for the lesser amount in small claims court.
Thank you for taking time to read my long winded story and I appreciate your help in this matter.