Legal advice needed, if any...

wiseasp

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I bought a 01 GTS in Florida last week, it was delivered Saturday and it looked great. 1700 miles, ACR I was told it is PERFECT, no curb rash, paint is awesome. I also had someone from the board look at it and it was great.

I go over the car sunday and then I see it. Curb rash on both passenger wheels and the paint is f'd up. Someone hit the side of the car in about 6 places and touched it up with touch up paint. These are not small touch ups, the SMALLEST is about 1" wide and about 4" long. I know they had to have used atleast 2 or 3 touch up bottles. Now the car was at a dodge dealer for a few days getting ABS stuff fixed and ACR seat belts replaced for a recall. I need to get some of the car repainted. I called the selling dealer and he is acting surprised and keeps saying that he will look into it. The car was described as PERFECT. I know my carrier did not do it because I am sure they do not carry the Viper Yellow touch up paint with them. I think that the Dodge dealer did it. They were to have the car done on a Monday, but then needed to order some parts and it would take a few days. I just want this fixed.

Am I F'd or can I go after the dealer for the repairs???? Has this happened to anyone else??

BTW, the car is great, except for the touch ups. Thank god none of the panels are cracked.

I am out of town now, but I will try to post pics this weekend.

Thanks,
ROB :usa:
 

joe117

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I think that if the dealer is a crook you are out of luck.
It sound's like the repairs, if done properly, will not cost more than a couple of $k. There's no way you could go to court over this from 1000 miles away and come out ahead.

It really stinks that the dealers treat the cars so badly. Mine was damaged by a Dodge dealer in Prince Frederick MD. They acted like a holes about the whole thing. The car had been at their shop for a week getting mechanical work done. They hit it with one of their company trucks. Jeez, you would think they would have kissed my butt being sorry. No, they acted like dick$.

Yours is the second story in a week about a car that was damaged between the deal and pick up by the car transporter.
It seems like you almost have to be there yourself at every change of custody along the way.
 

thebigsnake

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If you want a perfect car, buy a new one and put it in a vault till you die. Otherwise your stressing needlessly. Save your legal issues for when your wife leaves you.
 

Hisserman

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Yeah, don't let her take the Viper!

On a more serious note, Rob, I would go after the dealer. Unfortunately it is usually one of their low paid car jockeys that do this kind of stuff, but the dealer is still responsible. It's always better when you have "before" photos in a situation like this, but at least you have a witness who saw the car before.

I would suggest that you first try a polite approach with the dealer. Give him a chance and see if he will stand up. Because you are from out of town he may try to blow you off. Keep documentation of everything both of you say (will be useful if you have to take the second step).

If the polite approach doesn't work out, take him to small claims court. The judges generally don't have much tolerance for car dealers. Often just filing will bring the dealer around. However if he is a d*ck head, or if he is somehow politically connected to the judge, then you have your hands full. The costs (other than travel) should be minor, so you should make the effort.

Normally hiring an attorney and trying to drag him into regular court will never work out financially on a case like this.
 
OP
OP
W

wiseasp

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Thanks guys.

This dealer is a high end luxury car dealer, who took the car on trade. They are trying to contact the previous owner and ask him if the damage was there when he traded the car. If not I am going to have to go after the Dodge dealer who did the work. The dealer is trying to help out.

We will see what happens.

Thanks again,
ROB :usa:
 

Hockeysnake

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"I bought a 01 GTS in Florida last week"

That is the first mistake. Your word against theirs. Spend the money fixing the car not going after the dealer. You will end up spending way more and will not recover anything. Sad but dealers in Florida have the law on their side.

Never buy a car from a dealer in Florida.
 

joe117

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I'm with Hockeysnake. How are you going to go after the dealer if he will not take responsibility?
If you lived in the same area I could see taking him to small claims but not from Maryland to Florida.

Take it to a shop and get an idea what it will cost to fix the paint.
Someone on here should be able to tell you what the wheel repair will cost.

I think you will see that this isn't worth the hassle of going after a crook. Let it go, even if it pi$$es you off.

It might turn out ok after all.
Perhaps he will admit that it was done at his place and pay for the repair.
 

Hockeysnake

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Rob, another idea for you regarding the wheels. I had three of my wheels buffed out by a wheel guy here as the previous owner scraped them a bit and it cost $75.00 per wheel. They look like new and it is alot cheaper than buying new wheels.

Take Care.
 

GCHDEALER

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where are you at on this one Slaughter, Quit filing suits against me for kicking your A$$ on the go-cart track :D and help our fellow board member.
Chad
 

NCVCA

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If there was damaged when it was shipped the shipper would have noted it. No note? Then the shipper did it and insurance will pay.
 

Achilles99

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Read my thread... "My GTS purchase is becoming a Nightmare..."

Essentially, I had the same thing happen as you. Turns out the towing company who brought the car to the dealership of origin (I had it picked up from Chicago by my own dealership, and the driver noticed the damage before loading it) damaged my car. I'm in the process of getting the towing truck insurance to pay for it.

The seller had the car towed to the dealership to get it detailed (and the clutch was on its last legs). I should have just had the car picked up from his house... would've saved me this headache...
 

slaughterj

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You are in a tough spot, because it will difficult to trace who was the source of the damage. Since it has been at two different dealers, either could have done the paint (even the luxury dealer could've gone to a local Dodge dealer and bought touchup paint).
 

PRVT JET

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Have you checked with the person that looked at it, did he notice the touch up? If the dealer was selling at a real low price, than they knew it was damaged.
 

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