Horimahakala
Junior Member
I live in Texas.
I just (today) bought a brand new (supposedly) Eddie Bauer Explorer from a Ford dealership and when I got it home I noticed that there's hail damage all over the hood and roof! Now the dings are pretty darn small (that's why I didn't notice them right off the bat) but there are a LOT of them and the dealership NEVER mentioned ANYTHING about ANY defect to the car- I was led to believe that this was an immaculate brand new car! Heck, it only had 80 miles on it!
I was asked whether my trade in had any damage to it and I had to sign a form to that effect. Isn't there a legal obligation on their part to disclose this type of damage/defect at the time of sale? Even though I got a really good deal on the car (in some ways) I don't know if it was a sufficiently good deal given this damage. I was given a form that allows me to return the car for a FULL refund within the next 7 days but, frankly, I'm so mad I want to make them give me some kind of appropriate discount for this damage; OR force them to replace the car with a 100% perfect copy of the model I was told I was getting, for being lied to/mislead. Can I threaten them with legal procedings for this non disclosure? I can't IMAGINE that this type of practice could be legal- would it at least be a deceptive trade practice?
Any help/advice I can get would be great!
Thanks,
Nick Anderson
Austin, TX
I just (today) bought a brand new (supposedly) Eddie Bauer Explorer from a Ford dealership and when I got it home I noticed that there's hail damage all over the hood and roof! Now the dings are pretty darn small (that's why I didn't notice them right off the bat) but there are a LOT of them and the dealership NEVER mentioned ANYTHING about ANY defect to the car- I was led to believe that this was an immaculate brand new car! Heck, it only had 80 miles on it!
I was asked whether my trade in had any damage to it and I had to sign a form to that effect. Isn't there a legal obligation on their part to disclose this type of damage/defect at the time of sale? Even though I got a really good deal on the car (in some ways) I don't know if it was a sufficiently good deal given this damage. I was given a form that allows me to return the car for a FULL refund within the next 7 days but, frankly, I'm so mad I want to make them give me some kind of appropriate discount for this damage; OR force them to replace the car with a 100% perfect copy of the model I was told I was getting, for being lied to/mislead. Can I threaten them with legal procedings for this non disclosure? I can't IMAGINE that this type of practice could be legal- would it at least be a deceptive trade practice?
Any help/advice I can get would be great!
Thanks,
Nick Anderson
Austin, TX