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Verbal Contract to Repair Pre-delivery Damage

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artbuc

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

Went to pick-up brand new car and it had a damaged grill. Salesperson said don't worry we have already ordered a replacement grill and all we have to do is "pop out the old grill and pop in the replacement grill and your car will be just like brand new". I agreed and took delivery of the car. When I got home I discovered the painted bumper was also damaged. Called dealer and they assured me that could repair the "minor" scratch and I would never be able to tell. I accepted that but told them I was very unhappy. Took car in to have grill replaced. The so-called "pop in, pop out" was not true. Dealer had to do alot of disassembly including completely removing the front bumper. Half-way through the service manager came and got me. With the grill removed we could better see the extent of the damage. He said that any attemp to repair the scratch would just make it worse and I should learn to live with it. I told him to put the car back together with the new grill and I would have to weigh my options. When I got home I discovered they had put another scratch on my front fender abiut 3" long and deep enough to catch your fingernail. I came unhinged, called the dealer and said I would bring the car in the next day to show them the scratch. After I thought about it some more I said to myself, screw this, I had a verbal contract with the dealer that they would repair the pre-delivery damage to brand new condition and now they say they can not do that. As far as I am concerned, the dealer needs to take my car back and give me a brand new car which is what I paid for. If I wanted a car with scratches and dings I would have bought a used car. The next day I returned to the dealer. Things got ugly. The general manager said he could not take my car back because the paperwork had already been done and he told me that I HAD to give him a chance to repair the car. I told him I already gave him a chance and he said it could not be repaired plus he created more damage. I told him I would file a claim in District Court and we could let a Judge decide what to do.

Do I have grounds to get a new car? The damaged car had 286 miles on it the day the front grill was replaced.
 


Mass_Shyster

Senior Member
The next day I returned to the dealer. Things got ugly. The general manager said he could not take my car back because the paperwork had already been done and he told me that I HAD to give him a chance to repair the car. I told him I already gave him a chance and he said it could not be repaired plus he created more damage. I told him I would file a claim in District Court and we could let a Judge decide what to do.
You need to calm down and discuss the options with the dealer. You probably could have refused delivery, but you didn't. You can still demand the car be properly repaired, but you will have to do it calmly.
 

artbuc

Member
You need to calm down and discuss the options with the dealer. You probably could have refused delivery, but you didn't. You can still demand the car be properly repaired, but you will have to do it calmly.
Today the General Manager called me to apologize. He offered to take back my car and replace it with a brand new one. He said they were wrong to have sold me a car with scratches without my knowledge and wrong in how they responded. I accepted their apology and accepted their offer to replace the car.
 

BryanTucker

Junior Member
Verbal contract does not make much sense. It will have to be fixed now. If I were you, I would not have accepted the delivery at all. Good that they accepted what was wrong on their part.
 

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