Lemon Law Attorney

QUESTION: About a month after I purchased a new luxury sedan, it got dinged in a parking lot, resulting in a small dent and chipped paint in the left rear quarter panel.

I took the car to a body shop for repairs and learned there that the left rear door and quarter panel had been repaired previously.

I contacted the dealership and was told the car had arrived with defective factory paint. The dealer had the left rear door and quarter panel repainted at a collision and paint center at a cost of $551.65.

I was not told about that prior to purchase.

The dealership provided me with the paperwork and a copy of the warranty repair it submitted to the manufacturer for reimbursement. The warranty, with my name on it, read: “Customer states paint is flat. Sublet to repair paint left rear door.”

That is not true. The car was repainted before I purchased it.

I asked the dealer to replace the car because I had not been informed of the repair. The dealership refused, stating it only had to tell me if the car had been repaired because of damage, which it said was not the case.

The manufacturer said this is a dealer issue and rejected my written request for a buyback, even though the car had been delivered with defective paint.

The manufacturer suggested I use the BBB arbitration service should I not be satisfied with its response.

What is my best course of action?

ANSWER: You need to know the amount of damage to your vehicle because that might be important in whatever forum your case is heard.

Have your sedan thoroughly inspected by a respected collision and repair facility or by a master mechanic to be certain additional repainting did not take place. Also, have the vehicle put on a lift to be inspected for damage and repairs.

After a complete inspection, get a written estimate for the cost of bringing the paint and body of your vehicle back to manufacturer’s specifications.

A repainted vehicle is not worth the same as a vehicle with original factory paint. You must determine the reduced value of your car because, should you try to sell it, you will need to tell the buyer about the repainted rear quarter panel.

An automobile insurance appraiser can tell you what that reduced value might be.

Three sections of the state vehicle code deal with a dealership’s duty when selling a vehicle that has been previously damaged. The suggestion that your vehicle was not damaged upon delivery is a game of semantics by the dealership.

Why, for instance, did it pay to have it repaired if it wasn’t damaged?

Damage is defined as “material” if parts and labor, at the repairer’s cost, exceed 3 percent of the MSRP (manufacturer’s suggested retail price) or $500, whichever is greater.

All frame and drivetrain damage, regardless of amount, is material. All theft damage, even if it is small, is material. Any suspension damage, except wheel balancing and alignment, is material.

All non-material and material damage must be disclosed prior to sale and delivery of any vehicle. Obviously, that did not happen.

Also, the dealership falsified documents to make it appear you knew what you were buying before you purchased the vehicle. That is tantamount to deception and fraud.

Because only the amount is in question, determine that amount. If damage is 3 percent of the MSRP, or greater, it is material and a buyback is your course of action.

If the value of your damage is not material, the dealership owes you money to repair the sedan and pay you for its diminished value.

Make one last demand after you know the full value of your damages. If denied, I suggest retaining an attorney to write a demand letter on your behalf.