Undisclosed cosmetic on new car

[TheKids4]

What is the name of your state (only U.S. law)? Texas

We bought a new car sight unseen
When the transporter brought us the vehicle there was comsetic damage inside and out, we didnt take the vehicle
we contacted the dealership and they are blaming it on the transporting companym and the transporting company blaming dealership.
they want to just fix all problems wich will lower the value since paint etc will have to be redone. . This was not disclosed in our contract at all. Does the dealership have to give us another vehicle?

 

[tranquility]

It depends on many factors. Who had responsibility for delivery, the materiality of the cosmetic damage, the contract itself etc.

Start at:
http://www.law.cornell.edu/ucc/2/2-601.html
and move forward for the possibilities.

 

[TheKids4]

reply

There is nothing on the contract stating that there is any cosmetic damage inside or out. The delivery company picked up from the dealership and brought to us. They were hired from dealership
The dealership is saying that the delivery company does a inspection on vehicle before taking for any damage and they didnt write anything on the form. THerefore the dealership is saying that all damages inside and out were not there when they placed on delivery truck.
The delaership is refusing to give us a full refund. They are trying to charge us for transportation both directions
We mearly asked for a new vehicle as purchased

 

[tranquility]

They are not going to give you a new vehicle or a full refund. If the refusal was wrongful, you will be liable for all damages including transportation costs. The key will be if it is a wrongful refusal. That would depend on the materiality of the damage and if the vehicle substantially conforms to the contract.