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Bought Damaged Car!

7711 Views 45 Replies 22 Participants Last post by  Turmoil
So I bought my first Subaru, an STI Limited. Brand new, 16 miles on it from a dealership here in Orange County, CA (won't disclose the name just yet).

All paperwork signed, and later that night, I noticed that the car had damage on the rear passenger tail light. I look closer, and notice the rear bumper was re-painted (crappy re-paint, not really color matched, and a ton of clear coat in-perfections), and a dent in the rear passenger quarter panel.

I was livid! I took it to the dealer, and they took the dent out, replaced the tail light, and swapped the rear bumper with another one off a new car since I wanted OEM paint.

After the repairs, I took the car home, but later noticed the bumper was sticking out a little in that same area, and a lot of overspray on the inside of the quarter panel. I had a 3rd party guy come out that I've used before come out, and he confirmed that the fender was pushed in in that area. I had him fix it so it looks good, but the rear tail light doesn't sit very flush and is rubbing against the paint in the tail light housing.

I'm frickin livid right now. I opened a case with Subaru Corporate and gave the dealer some options:

1. Buy the car back
2. Exchange it for another STI
3. Comp me the extended warranty I bought (Roughly $2500)

I don't really know what my options are, hopefully some of you can help me out on what I can do at this point.
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I would ask for a new STI, if that is possible. I guess it is since you paid for a brand new car!!
Holy crap yeah I would make them take it back and go somewhere else. They would have lost all my trust.
Yeah, I'm thinking either of the 3 options would be ok with me. I'll keep you all posted on what the dealer offers me. Hopefully I'll hear back from them today.
Don't pay for that car man that's just bad business on their part. They need to give you an actual new car and make things right. That's just down right not acceptable.
Yeah, I'm thinking either of the 3 options would be ok with me. I'll keep you all posted on what the dealer offers me. Hopefully I'll hear back from them today.
Your car as it is right now has already lost more than 2500$ value because of the damages... Don't let them screw you with that 3rd option!!
Damages and history on this car have already effected its value.

This is lawsuit territory lol...Subaru and that dealership should be doing everything they can to make this right.
Just an FYI- car may also have been damaged at the port. Dealer may not have been aware of the damage.

Regardless, I would deal directly with SOA and demand a new car.
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[email protected] Lawsuit.

Many people like Rustler753 do not realize vehicles can be damaged during transportation from time to time and the dealer has so many hours to claim it. Also depending on the type of damaged, how bad, cost, etc the damage can be repaired before the vehicle hits the lots. SOA and the dealers know this as there was a claim and this is perfectly legal. In some states if the damaged doesn't exceed a certain percentage of value the dealer does not have to disclose this.

Law suit? :lol:

I do think the vehicle should be repaired to the way it was prior to the damage.
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[email protected] Lawsuit.

Many people like Rustler753 do not realize vehicles can be damaged during transportation from time to time and the dealer has so many hours to claim it. Also depending on the type of damaged, how bad, cost, etc the damage can be repaired before the vehicle hits the lots. SOA and the dealers know this as there was a claim and this is perfectly legal. In some states if the damaged doesn't exceed a certain percentage of value the dealer does not have to disclose this.

Law suit? :lol:

I do think the vehicle should be repaired to the way it was prior to the damage.
Anything over $500 must be reported to the owner in CA.

OP I don't think you have any grounds to sue, however the contract you signed is legally null and void.

Take that car back and demand whatever you gave them (money, trade etc.) back and find a different dealership.

I sold cars for 5+ years and never saw a car which needed a respray off the truck, it 99.9% happened at the dealership.
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[email protected] Lawsuit.

Many people like Rustler753 do not realize vehicles can be damaged during transportation from time to time and the dealer has so many hours to claim it. Also depending on the type of damaged, how bad, cost, etc the damage can be repaired before the vehicle hits the lots. SOA and the dealers know this as there was a claim and this is perfectly legal. In some states if the damaged doesn't exceed a certain percentage of value the dealer does not have to disclose this.

Law suit? :lol:

I do think the vehicle should be repaired to the way it was prior to the damage.
Sorry mate, but I wasn't looking into what state he lived in, or specific laws that protect him as a consumer. However I am perfectly aware that vehicles can be damaged in transport. I am also aware that there are consumer protection laws if a dealer did try to sell a damaged vehicle with out disclosing a car's condition. Regardless of the percentage claim, there are still grounds, and potential for legal action to be taken on the consumer side of things which are dependent on all sorts of conditions that we, the outside party of this matter are unaware of such as the value of damage, original vehicle purchase contract stated, and what was/was not disclosed at time of purchase.

However,
this is lawsuit territory
means, there is potential for legal action (which there very well may be), and not just "sue them for all dem dollars".
If it were me, replace it with a brand new sti no problems... Second option, if they can't, money back IN FULL and hit another dealer. 30-35k+ is too much money to not get exactly what your paying for. Keep us updated as to SOA taking care of you please
Why would you even bother with litigation at this point if they're offering to trade you for a brand new STi? Seems like a solid effort on their part.
Sorry mate, but I wasn't looking into what state he lived in, or specific laws that protect him as a consumer. However I am perfectly aware that vehicles can be damaged in transport. I am also aware that there are consumer protection laws if a dealer did try to sell a damaged vehicle with out disclosing a car's condition. Regardless of the percentage claim, there are still grounds, and potential for legal action to be taken on the consumer side of things which are dependent on all sorts of conditions that we, the outside party of this matter are unaware of such as the value of damage, original vehicle purchase contract stated, and what was/was not disclosed at time of purchase.

However,

means, there is potential for legal action (which there very well may be), and not just "sue them for all dem dollars".
See there is where we think differently. I wait until every other reasonable attempt has been made to handle this correctly and then and only then if it hasn't been done to my satisfaction, I then look at possible or potential legal actions if there are any. Today's society on this mudball called earth is quick to use legal/lawyer/litigation when they really don't need to.
They aren't offering anything just yet. I went to the dealer to speak with the Sales Manager, and she gave me attitude and said "We aren't doing any of that, we fixed it", and the Service Manager was quick to interject and came and talked to me.

I sent him and SoA pictures of the damage and just waiting to hear back. After I saw the pain chipping off, I told them Option 3 would be a no go, so I am telling them I'd like either an exchange or buy back. I'll keep you all posted.
...so I am telling them I'd like either an exchange or buy back. I'll keep you all posted.
Either that or some $$ off. I wouldn't settle for anything less. Good luck.
There is no other acceptable answer besides one of the following:

A - "I'm very sorry, sir. We are searching for a new STi that matches the one you purchased, and will replace this damaged STi with the new one."
B - "I'm very sorry, sir. We will purchase the vehicle back from you, and will understand if you chose to purchase elsewhere."

I purchased a car years ago, and it wasn't even a new car, that had water stain spots that wouldn't wash off. It had been raining for several days, so I noticed the problem about 2 days after taking delivery. I took the car back to them and explained that I like to keep my cars clean, and that I couldn't get the water spots to come off, the entire car was covered with these spots. They were very apologetic, and offered to have a professional detailing company try to get the spots off (at no cost to me). I was happy with that. They even gave me a complimentary rental in the meantime.
Two days later, I get a call from the Sales Manager (who's name was Michael Jackson, by the way) and he tells me the detailer can't get the spots off either, even using specialized chemicals...They say they can't do anything about it, and will have to get the manufacturer involved to see if they will replace the glass on the car or the effected panels. Manufacturer rep comes in and says they won't do anything.

It ended up that the car came from Hawaii and they told me it had either hard salt water stains or acid rain or something to that effect and it had been sun baked onto the car...I didn't really care.
I refused to take the car back, and persisted until they bought it back from me for the full purchase price I had paid. I went elsewhere and bought the same car from someone else.

Moral of the story: If the dealership from which I bought a USED $17k car was willing to buy it back because of water spots, then the dealership from which you bought a BRAND NEW $30k-35k car with a damaged and repainted bumper has no excuse whatsoever to not replace the car or buy it back. Period.

If I were you, I would relentlessly persist, and never let up until I had the BRAND NEW undamaged and flawless STi I had paid for. Anything less is completely unacceptable.
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There is no other acceptable answer besides one of the following:

A - "I'm very sorry, sir. We are searching for a new STi that matches the one you purchased, and will replace this damaged STi with the new one."
B - "I'm very sorry, sir. We will purchase the vehicle back from you, and will understand if you chose to purchase elsewhere."

I purchased a car years ago, and it wasn't even a new car, that had water stain spots that wouldn't wash off. It had been raining for several days, so I noticed the problem about 2 days after taking delivery. I took the car back to them and explained that I like to keep my cars clean, and that I couldn't get the water spots to come off, the entire car was covered with these spots. They were very apologetic, and offered to have a professional detailing company try to get the spots off (at no cost to me). I was happy with that. They even gave me a complimentary rental in the meantime.
Two days later, I get a call from the Sales Manager (who's name was Michael Jackson, by the way) and he tells me the detailer can't get the spots off either, even using specialized chemicals...They say they can't do anything about it, and will have to get the manufacturer involved to see if they will replace the glass on the car or the effected panels. Manufacturer rep comes in and says they won't do anything.

It ended up that the car came from Hawaii and they told me it had either hard salt water stains or acid rain or something to that effect and it had been sun baked onto the car...I didn't really care.
I refused to take the car back, and persisted until they bought it back from me for the full purchase price I had paid. I went elsewhere and bought the same car from someone else.

Moral of the story: If the dealership from which I bought a USED $17k car was willing to buy it back because of water spots, then the dealership from which you bought a BRAND NEW $30k-35k car with a damaged and repainted bumper has no excuse whatsoever to not replace the car or buy it back. Period.

If I were you, I would relentlessly persist, and never let up until I had the BRAND NEW undamaged and flawless STi I had paid for. Anything less is completely unacceptable.
I couldn't agree more. I dove deeper into the issue and removed the tail light, and noticed that the paint underneath had begun to chip off exposing bare metal. I told the Service Manager that at this point, even them refunding the Extended Warranty will not suffice, and that they can either buy it back or exchange it. He gave me a call yesterday to let me know I should have an answer by today, so I'll keep you all updated on the final outcome.
Do not let them screw you, there are only 2 options...

1. replace with brand new STi, EXACTLY like that one, same color everything.
2. Null and void deal completely.

Personally after what you describe if I were you I would only give them option 2 and go to different dealer.

And if they give you run around anymore, post the name of dealer.
So it was escalated at SoA to a senior rep who is working with the dealership. SoA requested all the invoices from the dealer on the car and I have sent both the dealer and SoA pics of the damaged area. I'm guessing a resolution will be reach by next week.
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