Chess THE MOVIE
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What is the name of your state (only U.S. law)? New York
My question involves a consumer law issue in the State of: New York
I initiated a 36-month lease in March of 2014 on a 2014 Kia Optima. When I picked up the vehicle from the dealer, I luckily noticed the front bumper was cracked/punctured, and the driver-side front rim was scratched up. The dealer provided me with a carbon/pink copy of a itemization of the damage and guarantee for them to repair it (at their on-site service department). A few weeks later, I had the damage repaired by the dealer, and all was well. Fast-forward to January 2016. I drove through a pile of snow accumulated in an intersection from a plow (so, not a icy snowbank or anything), which caused the front bumper to crack. I didn't connect this damage to the previous damage, and just figured I'd get it repaired before turning in the car. Last month, when I brought it to a body shop, I was given a verbal estimate of $1,200; however, the FIRST think the mechanic said when surveying the damage was that he could see there was previous damage on the spot that was patched over.
So, it has become clear to me that the initial damage on the bumper from when I picked up the car in 2014—and/or the dealership's decision to patch the damage instead of replacing with a brand-new bumper for my brand-new car (essentially meaning I was sold an imperfect/mended vehicle)—was either the cause of my current damage, or a major contributing factor. I addressed the issue with the manager of the dealership while I was there discussing my lease-end options, and he (your stereotypical New Yorker) got real defensive and is blaming the damage on me hitting the light, fluffy, powdery snow—and is denying to accept any fault.
I'm not sure what to do. I have the pink slip indicating the damage that was on the car in 2014, and I have photos of the damage. I'm not sure if any mechanic would give me a written statement indicating that there was prior damage patched over that has now re-cracked, and even less likely would be the mechanic's statement indicating that the CAUSE of my current damage was the prior damage not being properly fixed (which would be opinion). To make things worse, I was offered a deal by another dealership to turn in this vehicle early and start a new lease with them, but this must be complete before Jan 31 (10 days from today) or I will miss out on ~$2,000 of savings on the new vehicle.
Can someone please tell me what my options are and/or what I should do? Any documentation/photos/etc. that I should get before turning the vehicle in, in case I sue later? I was thinking of turning in the vehicle with the damage, and just paying the excess wear-and-tear bill that I receive from the leasing company. I tried complaining to the leasing company that their dealer representative sold me a tainted vehicle, but they basically cannot do anything.
Sorry for the post being so long, and thank you in advance. I have not been able to get proper advice from anyone since this is such a strange situation.
EDIT/ADDED: Also, can anyone refer me to a specific NY statute or legal precedent/wording/etc. (maybe under lemon law?) that indicates repairs that are done (by the dealer to fix a new car being delivered) must be completed properly, or must be fully replaced and not just patched over (like a bandage)? I know there's laws indicating dealers must declare the damage in writing if it exceeds a % of the MSRP, but must they also restore the vehicle to flawless brand-new status?
My question involves a consumer law issue in the State of: New York
I initiated a 36-month lease in March of 2014 on a 2014 Kia Optima. When I picked up the vehicle from the dealer, I luckily noticed the front bumper was cracked/punctured, and the driver-side front rim was scratched up. The dealer provided me with a carbon/pink copy of a itemization of the damage and guarantee for them to repair it (at their on-site service department). A few weeks later, I had the damage repaired by the dealer, and all was well. Fast-forward to January 2016. I drove through a pile of snow accumulated in an intersection from a plow (so, not a icy snowbank or anything), which caused the front bumper to crack. I didn't connect this damage to the previous damage, and just figured I'd get it repaired before turning in the car. Last month, when I brought it to a body shop, I was given a verbal estimate of $1,200; however, the FIRST think the mechanic said when surveying the damage was that he could see there was previous damage on the spot that was patched over.
So, it has become clear to me that the initial damage on the bumper from when I picked up the car in 2014—and/or the dealership's decision to patch the damage instead of replacing with a brand-new bumper for my brand-new car (essentially meaning I was sold an imperfect/mended vehicle)—was either the cause of my current damage, or a major contributing factor. I addressed the issue with the manager of the dealership while I was there discussing my lease-end options, and he (your stereotypical New Yorker) got real defensive and is blaming the damage on me hitting the light, fluffy, powdery snow—and is denying to accept any fault.
I'm not sure what to do. I have the pink slip indicating the damage that was on the car in 2014, and I have photos of the damage. I'm not sure if any mechanic would give me a written statement indicating that there was prior damage patched over that has now re-cracked, and even less likely would be the mechanic's statement indicating that the CAUSE of my current damage was the prior damage not being properly fixed (which would be opinion). To make things worse, I was offered a deal by another dealership to turn in this vehicle early and start a new lease with them, but this must be complete before Jan 31 (10 days from today) or I will miss out on ~$2,000 of savings on the new vehicle.
Can someone please tell me what my options are and/or what I should do? Any documentation/photos/etc. that I should get before turning the vehicle in, in case I sue later? I was thinking of turning in the vehicle with the damage, and just paying the excess wear-and-tear bill that I receive from the leasing company. I tried complaining to the leasing company that their dealer representative sold me a tainted vehicle, but they basically cannot do anything.
Sorry for the post being so long, and thank you in advance. I have not been able to get proper advice from anyone since this is such a strange situation.
EDIT/ADDED: Also, can anyone refer me to a specific NY statute or legal precedent/wording/etc. (maybe under lemon law?) that indicates repairs that are done (by the dealer to fix a new car being delivered) must be completed properly, or must be fully replaced and not just patched over (like a bandage)? I know there's laws indicating dealers must declare the damage in writing if it exceeds a % of the MSRP, but must they also restore the vehicle to flawless brand-new status?
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