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Question About Dealer Deception

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GOSSAMERWILLOW

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

I recently bought a vehicle in Colorado and I live in Texas. I had to purchase the car because someone hit me and mine was totaled. I was on a strict timeline to purchase the car before my rental ran out. Since there are not a lot of options for cars in my town, I began looking outside of my city. I found a car on Car Gurus that looked good. I contacted the dealer and inquired about the car. Upfront, he told me that it was in excellent condition and that it inly had a few slight scratches on the back bumper. I said that sounds fine and asked the total cost. He said he would figure it up and get back to me. When he called me back, he told me that his manager said to him that the car was priced the way it was due to hail damage. I asked him how much hail damage it had and he said he didn't know he will send me a picture. He also said that he didn't even notice it during his first walk around, so it wasn't that bad. When I got the pictures, there was nothing to see. Here is our exchange of messages, which I have kept:

Me: I don't see any dents, so it doesn't seem like it would be a problem. We also get a lot of hail here anyway.

Him: it really isn't noticeable and for the price is an amazing deal. Out the door with taxes and shipping the cost is $19,058.03. Did you want to get with USAA about financing and get back to us?

Since it didn't appear to be anything severe and I could easily fix it, I wasn't to concerned. I asked if the dealership would ship for free as I had seen me ion of it on their website. They agreed and the ou the door price was $17,738.03. I wanted to go through my bank to finance the remaining amount that I would have minus what I got from my claim. So, I got my loan and did everything, making it really easy for the dealership. Now, I really got the run around with the delivery. I was told several times that it had been picked up when it actually hadn't been. I was adamant from the beginning that this car be in my possession by Tuesday at the latest or I would have to go elsewhere. I had called on the Wednesday prior, so there was plenty of time. After having been told that my car had definitely been picked up Saturday and would arrive Tuesday, I got a call Monday night at 9PM from the dealer that my car actually DID NOT get picked up. So, he told me he will drive it himself, but it'll be and additional 500 miles on the car. I said fine, as long as it gets here.

When it arrived, I clearly saw that the hail damage was way more than what I was led to believe. Mine entire hood was covered in deep hail dents as was the roof. You would have to be blind to miss it. My coworkers were standing at the window 20 feet away inside and could still, see the damage. I got an estimate and the cost is $4k because the roof, hood. and the rails have to be replaced. The sides of the roof have to be sanded and repainted. I actually got a good deal on this because the body shop I go to knows me, so it could have been more. I'm just thinking that from the information I was given and the fact that they wanted until the last minute to give me the car and it was too late for me that the dealership deceived me. There are other problems i
Besides this as well, i.e. Not returning phone calls, not going over paperwork, rudeness on the part of the managers, etc. I have filed a case with the BBB because of an issue involving the dealer leaving his cellphone in the car. I had to FedEx it back and his manager told me it'd be easier if I paid up front and they reimbursed me. Well, I sent the receipt for the $30 overnight charge and no refund. There are so many issues with this place.

I guess I'm just wanting to know if it would be possible to get a portion of the expense for the hail damage back, considering I clearly didn't know the extent of the damage. I'm also concerned about my loss of use and diminished value. Of course, I'm sure I'm not completely blameless in this, but I do feel that I was deceived. I just don't know so I would like to get additional opinions. Thank you in advance for any help. It's greatly appreciated!
 
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Zigner

Senior Member, Non-Attorney
1: The BBB is useless in a legal sense. They are a private organization with no legal clout.

2: You should have negotiated this BEFORE having any repairs done.



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

I recently bought a vehicle in Colorado and I live in Texas. I had to purchase the car because someone hit me and mine was totaled. I was on a strict timeline to purchase the car before my rental ran out. Since there are not a lot of options for cars in my town, I began looking outside of my city. I found a car on Car Gurus that looked good. I contacted the dealer and inquired about the car. Upfront, he told me that it was in excellent condition and that it inly had a few slight scratches on the back bumper. I said that sounds fine and asked the total cost. He said he would figure it up and get back to me. When he called me back, he told me that his manager said to him that the car was priced the way it was due to hail damage. I asked him how much hail damage it had and he said he didn't know he will send me a picture. He also said that he didn't even notice it during his first walk around, so it wasn't that bad. When I got the pictures, there was nothing to see. Here is our exchange of messages, which I have kept:

Me: I don't see any dents, so it doesn't seem like it would be a problem. We also get a lot of hail here anyway.

Him: it really isn't noticeable and for the price is an amazing deal. Out the door with taxes and shipping the cost is $19,058.03. Did you want to get with USAA about financing and get back to us?

Since it didn't appear to be anything severe and I could easily fix it, I wasn't to concerned. I asked if the dealership would ship for free as I had seen me ion of it on their website. They agreed and the ou the door price was $17,738.03. I wanted to go through my bank to finance the remaining amount that I would have minus what I got from my claim. So, I got my loan and did everything, making it really easy for the dealership. Now, I really got the run around with the delivery. I was told several times that it had been picked up when it actually hadn't been. I was adamant from the beginning that this car be in my possession by Tuesday at the latest or I would have to go elsewhere. I had called on the Wednesday prior, so there was plenty of time. After having been told that my car had definitely been picked up Saturday and would arrive Tuesday, I got a call Monday night at 9PM from the dealer that my car actually DID NOT get picked up. So, he told me he will drive it himself, but it'll be and additional 500 miles on the car. I said fine, as long as it gets here.

When it arrived, I clearly saw that the hail damage was way more than what I was led to believe. Mine entire hood was covered in deep hail dents as was the roof. You would have to be blind to ,it's it. My coworkers were standing at the window 20 feet away inside and could still, see the damage. I got an estimate and the cost is $4k because the roof,motherhood, and the rails have to be replaced. The sides of the roof have to be sanded and repainted. I actually got a good deal on this because the body shop I go to knows me, so it could have been more. I'm just thinking that from the information I was given and the fact that they wanted until the last minute to give me the car and it was too late for me that the dealership deceived me. There are other problems i
Besides this as well, i.e. Not returning phone calls, not going over paperwork, rudeness on the part of the managers, etc. I have filed a case with the BBB because of an issue involving the dealer leaving his cellphone in the car. I had to FedEx it back and his manager told me it'd be easier if I paid up front and they reimbursed me. Well, I sent the receipt for the $30 overnight charge and no refund. There are so many issues with this place.

I guess I'm just wanting to know if it would be possible to get a portion of the expense for the hail damage back, considering I clearly didn't know the extent of the damage. I'm also concerned about my loss of use and diminished value. Of course, I'm sure I'm not completely blameless in this, but I do feel that I was deceived. I just don't know so I would like to get additional opinions. Thank you in advance for any help. It's greatly appreciated!
 

GOSSAMERWILLOW

Junior Member
1: The BBB is useless in a legal sense. They are a private organization with no legal clout.

2: You should have negotiated this BEFORE having any repairs done.
Thank you for the reply. I do already realize that it would have been wise to have done this prior to the repair, but my question is if there is anything I can do about this now. I wrote down all that info so that everyone would know the situation and could tell me yes the dealership should partially reimburse me or no it's too late (unless that's what you are trying to say in the smallest amount of words possible).
 

Zigner

Senior Member, Non-Attorney
Thank you for the reply. I do already realize that it would have been wise to have done this prior to the repair, but my question is if there is anything I can do about this now. I wrote down all that info so that everyone would know the situation and could tell me yes the dealership should partially reimburse me or no it's too late (unless that's what you are trying to say in the smallest amount of words possible).
I think you're not going to have a good chance at collecting anything. Particularly since you will need to travel to the dealer's location in order to proceed with any type of lawsuit (at your own expense.)
 

GOSSAMERWILLOW

Junior Member
I think you're not going to have a good chance at collecting anything. Particularly since you will need to travel to the dealer's location in order to proceed with any type of lawsuit (at your own expense.)
As saddening as that is, I kind of figured that would be the case. I'll just take this as a learning experience and be thankful it was only $4k and not four times that or more. Thank you for your advice. I appreciate it! :)
 
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Proserpina

Senior Member
I've only glanced a bit, but I'm not sure that CarGurus are actually considered dealers. They seem to be more of a middle man - is that accurate?
 

Zigner

Senior Member, Non-Attorney
I've only glanced a bit, but I'm not sure that CarGurus are actually considered dealers. They seem to be more of a middle man - is that accurate?
That is probably true - like the old classified ads used to be, but the OP bought the car directly from the dealer.
 

Zigner

Senior Member, Non-Attorney
And without going and physically checking it out.

Talk about a pig in a poke. :cool:
Just as a note, there ARE car inspection companies that you can hire to check out cars on your behalf.'

I have to tell you, I'm surprised that there were no cars for sale in TX...
 

GOSSAMERWILLOW

Junior Member
Just as a note, there ARE car inspection companies that you can hire to check out cars on your behalf.'

I have to tell you, I'm surprised that there were no cars for sale in TX...
Well, there are cars for sale in TX lol I said there aren't any good cars in MY city :) I would have had to travel hours to find a decent car anyway. That's why I was looking around all over.
 
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GOSSAMERWILLOW

Junior Member
And without going and physically checking it out.

Talk about a pig in a poke. :cool:
Yes, I feel I made a foolish mistake. I actually would have preferred to go and pick up the car myself, but that particular weekend I couldn't because of work. I tried to get the rental extended, but the insurance wouldn't allow it. So, I took the dealer at their word and was having it brought to me. The car is a 2014 Kia Soul. Mine that was totaled was a 2011 Kia Soul, so I wasn't too concerned about test driving and mechanical issues since it was fairly new (probably another mistake). I'm going to take this as a learning experience and I will remember for next time about the independent inspection companies as well, if I ever purchase out of state again (I think I'd rather drive 6 hours in state than 5 hours out of state. Seems there are less issues).
 

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