new car problems

[mjbr1026]

What is the name of your state? Massachusetts

About a month ago i bought a 2004 mitsubishi eclipse gt. This car was brand new, it had 52 miles on it. it was the showroom model so we got it cheap, at a price of 20,000. before buying it we had noticed a small scuff on the side view mirror on the passanger side, the dealer told us it was nothing really, just from parking too close in the lot. we believed. Then we found a damage claim in the glove box, the dealer exclaimed that it was for the drivers side door that had to be adjusted. we also believed.
Now about a month later, im washing me car and i realize some paint drips, then some dust IN THE PAINT (evidence of aftermarket paintjob). I was really mad. i took it to a friend who is a car paint specialist. He told me my worst fears. My passenger door, passenger front fender, and most likely the hood, had been repainted. This was getting me even more mad, the dealer (a actually mitsubishi dealership) had told me the car was brand new and specifically said tht there was NO damage once so ever on the car now or in the past. Basically what the proof was is this. On the door there is acid bubbles, paint drip near the bottom, and sanding marks from either bondo or wet sanding. on the front fender there is diagonal marks up and down tht show bondo or sanding marks, and there is also a tapeline on the inside of the fender near the hood.

We have gone to the dealer, but all we got was tht they will look into it and thye admit by looking at it "yes its been repainted but we need to figure out when" all i kno is tht once they recieve a car from the port, and sign for it, it is there problem not mitsubishis. so i kno i have to deal with the dealer.

now for what i want. I want either my money back for the car, somewher around 21,700 or i want a brand new eclipse. How do i go about this. What things should i say. Are there any laws i can use to make them do t his to keep it out of court. if they refuse t his, what kind of action should i take?

please any help would b greatly appreciated i want t oget this taken care of. im not looking at gettin millions or thousands from them, i jst want my money back and a discount on a new car, or jst a brand new car. Help me please.

reply or email [email]adidas917@hotmail.com[/email]

[jpritchett81]

Did you by the car "as is"??? Really the burden falls on you, you should have gotten the car inspected by a certified mechanic before purchasing the car. The salesman's word means nothing....he could be outright lying, lying by omission, or just plain don't know the history of the car.

Look up Caveat Emptor

[JETX]

Originally Posted by mjbr1026

now for what i want. I want either my money back for the car, somewher around 21,700 or i want a brand new eclipse. How do i go about this. What things should i say. Are there any laws i can use to make them do t his to keep it out of court. if they refuse t his, what kind of action should i take?

Sorry, but your 'wants' are not realistic.

The damage you claim is NOT subject to 'lemon law' protection.
In Massachusetts: "The law protects consumers whose vehicles suffer a significant defect in the first 15,000 miles or 1 year, whichever comes first, and cannot be fixed despite three or more repair attempts. The MA Lemon law also protects consumers whose vehicles are in the shop 15 or more business days (Monday-Friday) within the first year. These days do not have to be consecutive."

Your only possible recourse is to argue your case in small claims court.... and see if the court will award you the difference in value in a new car with no repairs and one with a repainted door. Is the ordeal/time and money worth it? In my opinion..... no.

Finally, if you really want to try to run with this, you might contact the attorneys at the following site. They offer a free consult:
[url]http://www.lemonlaw.com/massachusetts-lemon-law.htm[/url]

[racer72]

You will also be amazed how many Japanese cars that are imported are partially or fully repainted. The cars after they are built are shipped by train to a seaport, spend about 30 to 45 days crossing the ocean, are then put on a train and shipped to a distribution yard then trucked to your dealer. During this time the cars can recieve a variety of nicks, bumps and other damage.

[JETX]

Originally Posted by racer72

You will also be amazed how many Japanese cars that are imported are partially or fully repainted. The cars after they are built are shipped by train to a seaport, spend about 30 to 45 days crossing the ocean, are then put on a train and shipped to a distribution yard then trucked to your dealer. During this time the cars can recieve a variety of nicks, bumps and other damage.

Yep. The writer has NO legal claim for a replacement vehicle or a refund.
And guess what.... the guy wants a refund of $21,700... for a car that is worth $17,885 (retail per Kelly Blue Book) in Massachusetts.
[url]http://www.kbb.com/kb/ki.dll/kw.kc.ur?kbb.MA;950412;MA015&01004;cpe+r&40;Mitsubishi;2004%20Eclipse&2;MI;F4&&&[/url]

[mjbr1026]

This reply is in respect to JetX.....it is sad how someone can pay so much for college, and still not be knowledgable. i feel bad for you. maybe someday you will catch on. until then i have some things that might help you in life. First, learn how to use kelly blue book. The value of my car is 19,620. Hmm far cry from your 17 thousand, hmm i think you pickeed that out of your ass. Anyways, the money we payed for the car was the 21,700, and that was many deals off a 25,000 sticker. reason? we had a previous mitsubishi eclipse so we got loyalty money back, money back deal, and then we took them down a couple thousand. Also the car has 3500 miles on it, its still brand new.
Oh, and your little bit about "there is no legal claim," why dont u sit down tonight with a nice coffee and read some law books. we just talked to a lawyer and it jst so happens that either they give us our money back, give us a new car, or we can sue. He used some weird terms but said that there is a law against what they did so...hm maybe ill get his number and u can take some advice? interested?

[jpritchett81]

So since a "lawyer" told you that you may sue.....I guess problem is solved then...huh?

[JETX]

Originally Posted by mjbr1026

This reply is in respect to JetX.....it is sad how someone can pay so much for college, and still not be knowledgable. i feel bad for you. maybe someday you will catch on. until then i have some things that might help you in life.

Why is that these whiney losers seem to always attack the 'messenger' when they get information they don't want to hear??

First, learn how to use kelly blue book. The value of my car is 19,620. Hmm far cry from your 17 thousand, hmm i think you pickeed that out of your ass.

What an idiot. The number I gave IS from Kelly. Go ahead and check it yourself. Since your post doesn't say where in Massachusetts, I used zip 01004. And I used the retail value for an Eclipse GT, showing 100 miles. Go ahead, check it yourself:
[url]www.kbb.com[/url]

Anyways, the money we payed for the car was the 21,700, and that was many deals off a 25,000 sticker.

Gee, so you admit to paying 'only' TWO THOUSAND over the retail value!! Still pretty stupid.

reason? we had a previous mitsubishi eclipse so we got loyalty money back, money back deal, and then we took them down a couple thousand. Also the car has 3500 miles on it, its still brand new.

Hell, you can't even keep your own lies straight!!
From your original post: "This car was brand new, it had 52 miles on it"
Now you admit that it has 3500 miles!!
Which?? Can't be both!!
Oh, and guess what.... a car with 3500 miles is NOT "still brand new!". It is USED!!

Oh, and your little bit about "there is no legal claim," why dont u sit down tonight with a nice coffee and read some law books. we just talked to a lawyer and it jst so happens that either they give us our money back, give us a new car, or we can sue.

Another bleating from a loser!! I love these.
Your post is made at 6:30 in the MORNING.... yet you claim that "We just talked to lawyer"
Was he in the shower with you??

Also, why is it that most of these idiots who, after hearing that they have no case, claim that they have somehow miraculously "just talked with an attorney" who said they do?? Almost laughable.

He used some weird terms but said that there is a law against what they did so...hm maybe ill get his number and u can take some advice? interested?

Yep. PM me with his contact information. I would love to hear what his legal 'theory' is.

[jpritchett81]

Originally Posted by JETX

why is it that most of these idiots who, after hearing that they have no case, claim that they have somehow miraculously "just talked with an attorney" who said they do?? Almost laughable.

**dies**

[mjbr1026]

alright mr. jetx....i had just talked to a lawyer the night b4. ever thought of that. Also, never said the car still had 52 miles on it. if u read the whole post it says that i had the car for two months. therefor....3500 miles douche bag. Also kelly blue book value for the car, used, is 19,xxx.....i bought the car for 21,700 because it was brand new, but u cant get a brand new value for a 2004 on kelly blue book. so there goes your idea on that. Also, you really seem to think that you are the ****, hmm its funny. Most the stuff you say are your assumtions. fill in kelly blue book for 01545. With power everything, infiniti (premium) sound system, power sunroof. cd player, premium wheels. and only 3500 miles and an auto....hmm i bet u get what i got. thats funny. I will ask my father for the attorneys contact information since your college brain is probably so much bigger then his. damn, next time i need a lawyer ill jst go to the local college if they all know as much as you . Just stop while your ahead your not gettin anywhere. I think a lawyer from around here would know a little bit more then you. talk about laughable. i wasnt shootin the messanger, just lettin the messanger be known tht his information was incorrect, but you took it to the next level. ok with me. i love big tough boys

[mjbr1026]

had 52 miles when we bought it, now has 3500 after two months. Comprende or is there a way i could spell it out any easier.
We bought it - BRAND NEW 52 miles.
NOW - not BRAND new with 3500 miles

[JETX]

Originally Posted by mjbr1026

i love big tough boys

Oh, I'll bet you do!!!

[mjbr1026]

actually, i must say. those little boys...you know the ones peddling around on their scooters, yummmmm one results to laughter after another proves him wrong. its alright, its the way of man kind. im here for any venting you may need to do. its a shame how some people can just be so god damned ignorant. haha i knew this site was a joke. it should b something like freeadvice if u have no brain and want to get even more ****ed over. Maybe you guys all know **** about this, and are usually right, but ur wrong here, but watever its allll good. peace outtt

[teflon_jones]

No matter how many miles the car has on it, a 2004 is not a "new" car. It's just a low-mileage used car. They're already selling 2006 models at dealers.

[mjbr1026]

thats the thing, it wasnt used. it had never been registered, nor titled. And when i bought it the 06 was not out. This was a used car which was the display model in the show room. which is why it was still left over. Therefor it was still a new car. By law a used car is defined as a car which has been owned, titled, or registered previous to you. Therefore when i bought the car it was new. Thanks for your input, at least you put it in normal words unlike the other imbissil on this site. HAha