Non-disclosed Damage on New Car Purchase

Kinja'd!!! by "Vimto" (smudgey)
Published 06/04/2017 at 17:37

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Kinja'd!!!

Hey guys,

A few weeks ago I posted about potentially selling my car to Carmax due to my new living situation no longer requiring me to have a car, thus allowing me to get out of debt.

Well, I just had my car appraised today and it revealed some startling information. My 2017 Elantra which I purchased new last November had its hood removed and repainted before it was sold to me. I thought it was a mistake on Carmax’s part, but the evidence is clearly there, paint missing from the bolts under the hood and sloppy areas on top where there are definite signs of respray. I was told their ‘paint machine’ definitely indicates the hood being resprayed.

As you can imagine this significantly devalued my car and made the idea of selling to them simply not worthwhile.

I’ll be heading back to the dealership I bought the car from tomorrow to discuss this with them, because I’m quite upset about this. Not so much that the car was damaged but that it wasn’t disclosed to me in the purchase of a brand new vehicle.

What is my best outcome in this situation? Has anyone else experienced this? What did you do about it?


Replies (9)

Kinja'd!!! "Dr. Zoidberg - RIP Oppo" (thetomselleck)
06/04/2017 at 17:54, STARS: 0

That’s fucked up. And they fact the dealer covered it up to begin with indicates to me that your meeting with them calling them out will not go well. May need to lawyer up? But that gets expensive too... ugh. How frustrating.

Kinja'd!!! "LeftOfTheDial" (leftofthedial)
06/04/2017 at 18:02, STARS: 0

What is their paint machine?

Kinja'd!!! "Rust and Dust - Oppositelock Forever" (rustanddust)
06/04/2017 at 18:03, STARS: 5

Short answer: you’re probably hosed.

Could’ve been repaired at the factory or the dealer. Last time I had the misfortune of working at a dealership body shop (10 years ago), $1700 (yup) was the threshold for disclosure in Virginia. I was instructed to write parts at dealer cost, as well as labor and materials, to keep repair orders below $1700. I didn’t work at dealership body shops long.

In any case, I’m guessing the dealer is going to look at a car that was sold seven months and however many miles ago, and pretty much tell you to pound sand.

Kinja'd!!! "facw" (facw)
06/04/2017 at 18:05, STARS: 1

Different states have different laws, but my impression is that in most states, dealers are allowed to make repairs to a new car without disclosing to the buyer. I think in some states, disclosure is required but only if the damage goes over a certain percentage of the value of the vehicle.

Probably you should talk with a lawyer (they should be able to tell you quickly if you have any case under local law). They should do a quick chat for free at least.

Otherwise there’s not much you can do besides leaving some negative reviews.

Edit: Somewhat related Lehto article: http://oppositelock.kinja.com/the-truth-about-that-car-you-just-bought-what-is-trut-1618799494

In short:

Kinja'd!!!

Yes there should be, but there’s a good chance there isn’t.

Kinja'd!!! "AndyG_UK" (ajg1974)
06/04/2017 at 18:06, STARS: 2

Probably a paint thickness gauge, they can find even the best repair jobs!

Kinja'd!!! "Manwich - now Keto-Friendly" (manwich)
06/04/2017 at 19:22, STARS: 0

I predict the dealer will play dumb and tell you to pound sand.

I believ the only way you’re gonna get satisfaction is with the help of an attorney.

But the first step... find out much of a value drop the repainted hood caused.

Kinja'd!!! "wafflesnfalafel" (wafflesnfalafel1)
06/04/2017 at 20:30, STARS: 1

likely damaged in shipping when new - sucks but it happens frequently. There are operations where all they do is fix shipping damage to new cars...

Kinja'd!!! "Rico" (ricorich)
06/04/2017 at 21:18, STARS: 1

+1 A ton of cars get minor damage during shipping and it’s all fixed before they sell it, even top tier brands like BMW or Mercedes.

Unfortunately I have zero faith in a Kia/Hyundai dealer doing a proper paint job to factory standards like say a Mercedes dealership would have to.

Kinja'd!!! "FTTOHG Has Moved to https://opposite-lock.com" (alphaass)
06/04/2017 at 22:32, STARS: 0

What was the difference in value between what you were offered and what it would be without the respray?