Is There A Lawyer In The House? Body Damage Not Reported
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Is There A Lawyer In The House? Body Damage Not Reported
My situation is I buy CPO 2009 TL from authorized dealer in 11/2009. They give me checklist from CPO and a CarFax with no reported accidents. Low mileage. We make deal and I drive away in car. About a couple of months ago, I hear squeaking from front passenger door. Take back to selling dealer (warranty repair) and they fix. As I am heading home, I read repair sheet which says:Note-vehicle has been in severe passenger side collision! WHAT? I live about two hours away from the dealership and was in hurry to return home so I didn't go back. Upon further inspection, I see some faint paint runs of the rear passenger door.
Do I have any recourse with this situation? It's been about eight months since I bought the vehicle. I know I should have brought this to their attention when I picked the vehicle up and saw the note. I guess I'm SOL now...
FYI, the vehicle drives fine and otherwise I have no issues. My concern is future issues with body panel problems on the passenger side from the previous repairs.
Do I have any recourse with this situation? It's been about eight months since I bought the vehicle. I know I should have brought this to their attention when I picked the vehicle up and saw the note. I guess I'm SOL now...
FYI, the vehicle drives fine and otherwise I have no issues. My concern is future issues with body panel problems on the passenger side from the previous repairs.
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Jazzy, unfortunately, I don't think you have any recourse, since you've owned it for so long. I'd take it to the sales manager and show him the repair sheet and see if they'll do a free repaint of the passenger side for you.
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Thanks Steven. It's actually so faint I hadn't noticed it until my wife pointed it out recently. Don't know if it's worth repainting. Next time I'm in the area of the dealership, I'll go talk to Sales Manager to see what he has to say. His response may be the difference in a repeat buyer!
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True Jazzy-sorry that you found this out so much later. Sometimes the dealership has a mobile touch up vendor who does work on a case by case basis. They might be able to quickly feather the paint for you-for a better match.
#6
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Being a CPO, I'd contact Acura NA directly (don't get lawyers involved....yet), it's very surprising that a car would go through the CPO process and something like this NOT get noticed I highly doubt that Acura's CPO program would allow acceptance if any historical damage was found.
Which means the dealer was passing you a carfax in full knowledge of the damage (and that the dealer probably CPO'd a car they shouldn't have to pad the sticker). If Acura NA won't do anything for you (offer to swap for another similar CPO car with similar mileage would be what I'd ask for) I would then let them know you'll be contacting your lawyer to discuss your options, to see if it changes the discussion.
I think the first question I'd ask acura is if they allow cars that have been in accidents to be allowed to be certified for the CPO program.
Per Acura's website, body dent and scratch, door fit and finish are part of the "150 point inspection"
and per their PDF
"UNIBODY INSPECTION
Carefully inspect unibody for signs of damage or prior repairs"
http://www.acura.com/content/pdf/CPO_150pt.pdf
I personally think you have a really good argument, but I'd take it to Acura NA first and offer for them to do the right thing before getting lawyers involved.
Which means the dealer was passing you a carfax in full knowledge of the damage (and that the dealer probably CPO'd a car they shouldn't have to pad the sticker). If Acura NA won't do anything for you (offer to swap for another similar CPO car with similar mileage would be what I'd ask for) I would then let them know you'll be contacting your lawyer to discuss your options, to see if it changes the discussion.
I think the first question I'd ask acura is if they allow cars that have been in accidents to be allowed to be certified for the CPO program.
Per Acura's website, body dent and scratch, door fit and finish are part of the "150 point inspection"
and per their PDF
"UNIBODY INSPECTION
Carefully inspect unibody for signs of damage or prior repairs"
http://www.acura.com/content/pdf/CPO_150pt.pdf
I personally think you have a really good argument, but I'd take it to Acura NA first and offer for them to do the right thing before getting lawyers involved.
Last edited by gibjer; 07-16-2011 at 01:06 PM. Reason: speeling and grammer
#7
Eight months is not long enough to run the statute of limitations on fraud. If the dealer knew that the car was in a serious accident and sold it to you claiming it wasn't you may have a case. The problem is providing proof they knew. Carfax has some sort of guarantee but its probably not worth the paper its written on but I'd still look into it. I agree with some of the prior posts that Acura NA may be your best bet. Getting lawyers involved (not to disparage my fellow attorneys) will be costly and probably not yield the desired result anyway.
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#8
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CPO means only that the car is 1-owner, non-commercial & has had all its required maintenance performed on time and the mileage is right. It does not mean that the car has never been involved in an accident. It's actually much easier than you think to keep things like this off CarFax. The damage was simply never reported. Especially if a lease and the leasee wanted to avoid the hit of 'diminished value' at lease return, (or the car belonged to the dealer) the car could have been repaired off the books, for cash (without an insurance claim) at an independent body shop. It's done all the time.
Normally "CPO" is simply a means of embellishing the asking price of a used car that appears to be in excellent condition, well cared-for and well-maintained with records supporting that claim. It is not a guarantee and no used car dealer should ever be trusted. It's also why I always buy new. More expensive, but that way I know what I'm getting.
You might do better in exacting your pound of flesh by filing a complaint with your local Better Business Bureau.
Normally "CPO" is simply a means of embellishing the asking price of a used car that appears to be in excellent condition, well cared-for and well-maintained with records supporting that claim. It is not a guarantee and no used car dealer should ever be trusted. It's also why I always buy new. More expensive, but that way I know what I'm getting.
You might do better in exacting your pound of flesh by filing a complaint with your local Better Business Bureau.
#9
You know that new cars can be damaged while being transported, repaired before going to the dealer and still be sold as new with no accident history.
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