Question: I recently purchased a new car from a car dealer that has been damaged and repainted. Is there any legal action I can take?

December 11, 2005

Hello Tony

I recently purchased a new car from a car dealer. The CarFax on the car said that there were no issues with the car.

Upon getting the car home my husband began to wax it, and realized that three of the body panels had been replaced. It is very evident that this was done, and there is over-spray on other parts of the car.

Is there any legal action we can take?

Angela

Answer:

Hi Angela,

You said you purchased a new car. If you did indeed purchase a new car then CarFax probably wouldn't have any record of the repair, because it must have happened while the car was in the possession of the car dealer or while in transport from the factory.

Whatever damage the car has whether it is just paint, or the panels in question have indeed been replaced the car dealer had a legal obligation to disclose that information to you before you signed anything.

If I were you I would contact the General Manager or the owner of the dealership and tell them you bought a new car and that's what you want.

Tell them to take the car back and give you one that was not painted or damaged. Tell them that if they don't cooperate with you that you will file a complaint with the Better Business Bureau, with your state's Attorney General's office and if need be you will get an attorney.

Hopefully you can scare them enough to help you out. Otherwise do indeed take the actions I mentioned above.

All my very best...

Tony Iorio