My Brand New Car is NOT Brand New??

[Curtis_KC]

What is the name of your state (only U.S. law)? Kansas (Overland Park)

I purchased a 2008 HHR from xxxxxx Chevrolet in Overland Park, KS in April of 2008. It was a brand new vehicle that was "ordered" for me. (they actually found it at another dealer in the KC area but it was the one I wanted).

About a year into the ownership, while cleaning it up one day I noticed rust bubbling up through the paint on the inside bottom of the passenger side front door. I also had noticed that the window trim had a bit of a kink in it at the bottom of the window (the rubber trim). I had actually noticed the kink in the trim when I bought the vehicle but did not think much of it.

I took the car to the dealer and showed it to them, the body shop manager said, "well this door has been hit, see the way the trim is kinked".

I told him that the I bought the vehicle as brand new and it had not been hit under my ownership, and it lives in the garage.

He immediately changed his tune and said "we can fix that, I won't even write a ticket on it"

Well they fixed it and I would have been happy but now it is already rusting out again.

My question.....
Do I have a leg to stand on after this much time if the car was wrecked prior to me buying it?
I would like to set an example and get a brand new vehicle from them, if this was has indeed been wrecked.

Is it possible or am I just a sucker?What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? Kansas (Overland Park)

I purchased a 2008 HHR from xxxxxx Chevrolet in Overland Park, KS in April of 2008. It was a brand new vehicle that was "ordered" for me. (they actually found it at another dealer in the KC area but it was the one I wanted).

About a year into the ownership, while cleaning it up one day I noticed rust bubbling up through the paint on the inside bottom of the passenger side front door. I also had noticed that the window trim had a bit of a kink in it at the bottom of the window (the rubber trim). I had actually noticed the kink in the trim when I bought the vehicle but did not think much of it.

I took the car to the dealer and showed it to them, the body shop manager said, "well this door has been hit, see the way the trim is kinked".

I told him that the I bought the vehicle as brand new and it had not been hit under my ownership, and it lives in the garage.

He immediately changed his tune and said "we can fix that, I won't even write a ticket on it"

Well they fixed it and I would have been happy but now it is already rusting out again.

My question.....
Do I have a leg to stand on after this much time if the car was wrecked prior to me buying it?
I would like to set an example and get a brand new vehicle from them, if this was has indeed been wrecked.

Is it possible or am I just a sucker?What is the name of your state (only U.S. law)?

You're not getting a brand new car out of this. You CAN expect them to repair it.

 

[swalsh411]

It's also possible the door was damaged when it was installed. Brand new doesn't always mean defect free. Short of a police or insurance report you're not going to be able to prove this car was in an accident. And futhermore, having owed it for so long, the shop may accuse you of getting in an accident, having it repaired badly, and then trying to blame them for selling you a new car that had been in an accident.

 

[Antigone*]

If the car had never before been registered then it is a new car. The fact that it may have been damaged does not take away from the fact that is was a new car at the time.

 

[Mass_Shyster]

Take a look at BMW v GORE, 517 U.S. 559 (1996) and familiarize yourself with some possible causes of action.

- Google Scholar

You'll also need to check Kansas law to determine if disclosure was required. My guess is that disclosure is not required in your case. The car manufacturers took notice of this case, and now disclose where necessary.

 

[Curtis_KC]

Thanks for all the speedy and helpful replies.

I'm gonna go talk to them and see if I can't at least get a new door hung on it since it is obvious they can't fix this one.

I appreciate the time and info.

 

[moburkes]

If the car had never before been registered then it is a new car. The fact that it may have been damaged does not take away from the fact that is was a new car at the time.

I'm going to disagree with this. Each state has specific laws about what they're allow to sell as new.