On Sat, 01 Apr 2006 22:47:12 GMT, Matt Ion <soundy@moltenimage.com>
wrote:

>curious314159@yahoo.com wrote:
>> I just bought a brand new 06 Civic. When I took
>> the car home I noticed a slight warping on the right
>> side panel where bumper meets the body.
>>
>> I contacted the dealer and sent him photos the
>> next morning. He called and said he checked his
>> computer records and didn't find any indication of a possible lot
>> damage/repairs.
>>
>> I replied, in writing, acknowledging his not finding
>> any repair records prior to sale and that we were worried
>> about safety features working properly and would
>> always like to be informed of possible prior damage/repairs.
>>
>> The next morning, I got a call, that he had checked
>> again -- this time with the "service" department and
>> had INDEED found that there was lot repair/damage
>> that involved replacing the bumper and a paint job
>> and he was going to find out more about when at work.
>>
>> So at the end, we were sold a NEW car, that was damaged
>> and repaired (with visible signs remaining) prior to sale and
>> we were not disclosed this info until later. I would NEVER
>> have bought this car had I known about this possibility.
>>
>> What are my rights as a consumer here? Repair is not an
>> option for us since we bought a new car just so we can
>> have a car we were sure had no prior damage! Can this be
>> sufficient grounds for demanding an exchange (I only
>> had the car for 2 days). The evidence is there, and acknowledged
>> by the dealer. I know Honda is very meticulous about
>> dealers delivering cars in good shape. Would I be better
>> off going through Honda and not the dealer? We are at a
>> loss as to what to do now. Any advice would be greatly
>> appreciated!
>
>Your specific rights will vary depending on the jurisdiction you're in,
>but I'd think any reputable dealer would offer an exchange immediately,
>especially after discovering that they DID know about AND HAVE A RECORD
>OF the damage and repair. The fact that it was damaged, repaired, and
>then put on the lot and sold as new without any OBVIOUS indication of
>the damage (note on the sales sticker or at least on the paperwork)
>should be reason enough for an investigation by the BBB or any number of
>Auto Dealers associations.
>
>I'd go back to the dealership right away and ask THE MANAGER (not the
>salesman) to replace the car with a new one immediately... if they get
>snotty about it, I'd INSIST on a replacement immediately ("You WILL
>exchange this!" rather than "Could you exchange this?"), and threaten
>legal action... but again, if they're a halfway-reputable dealer, that
>shouldn't be necessary.
>
>
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That might come up too hostile with the dealer. First off I
would go down to the dealer as soon as possible and get them to
replace it. If you get no where with the sales manager, ask for the
general manager (a lot of people don't do this) as he/she would be you
last resort of getting anything done. Tell them your disappointment in
this situation and the only way you will be satisfied is that you get
another car.
If all else fails then threaten them with a lawyer/lawsuit if
they don't make it right. Since the cost will be probably over the
limit of what the district court can handle, it'll go directly to
county court so that saves you one step in the lawsuit. make sure to
document when you spoke to who and confirmed that they told you that
it was damaged, because I doubt that they would admit this in court.
It doesn't hold up as much in court as an actual letter but it helps
since you have an exact day and time.
Everyone gets caught up in the car buying that they forget to
check the car and ensure there is nothing wrong with it. I'd spend a
good few hours at my next car purchase to make sure that this doesn't
happen. I'm sure the sales guy would really like that