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  #1  
Old 09-02-2001, 03:45 AM
littlebags
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ucc


I recently purchased a car and discovered some damage to paint on the car that could hurt its value now and even if its repaired.I was wondering if i could reject the car and demand a new one under the ucc.Would this fall under the lemon law instead.I discovered the damage within a weeks time.I live in vermont.
  #2  
Old 09-02-2001, 04:22 AM
lawrat
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You could certainly try but what will probably happen is if you are not adamant in your demand, you will get the amount of repair or the dimunition in value.

Dmaage to paint won't qualify it as a lemon and is not a material item of the car (trust me, it is not).
  #3  
Old 09-02-2001, 04:52 AM
wtd wtd is offline
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Join Date: Aug 2001
Location: Los Angeles, California
Posts: 277
You bought the automobile and THEN discovered the paint defect?
I would imagine that you had ample time to inspect the automobile before purchase, it was an obvious defect - not something like you took it home and the main bearings gave out - your claim would be utterly incredulous!
You claim that you discovered the damage within a week, who's to say that you didn't do it?
If I had to choose sides, I think I would rather be the guy that sold it to you.
What section of the UCC would you even attempt to invoke?

Just for a minute, imagine yourself a neutral third party - dolly back - get a good view of the situation.
You: "Hello, I bought this car more than a week ago, and now the paint is scratched - I want my money back"
Car dealer: Blank
Your job: fill in the blank.

Your real problem: You don't want the car (it's trite but true - buyer's remorse)
Your solution: You should have thought of that before you bought it.

Get a grip,
wtd
  #4  
Old 09-02-2001, 01:18 PM
littlebags
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Actually i had friend look at it who works for a bodyshop and he said it was most likely caused when they washed and buffed car before i picked it up.At the time i picked the car up it was cloudy and rainy out and the nature of the damage is difficult to detect unless you look at it closeup in direct sunlight.He also stated that when the car was wax the fillin properties of the wax filled in the scratches and made them difficult to detect until the next few days of rain removed those properties.I went over the warranty and it stated that you have one week from the date of purchase to bring to there attention and appearence item damages which i did.It has nothing to do with remorse i like the vehicle but it seems the paint job has been butchered and just wanted to know if i have any legal right request a new vehicle of same make and model or am just stuck with no recourse.thanx again.
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