Damage Disclosure vs. "Dealership Disclosure"

[maria71]

What is the name of your state? South Dakota
On June 22nd I purchased a 1999 Toyota Salara. I noticed the "Damage Disclosure" in the window before I even drove it. When I asked the salesman (whom we'd dealt with before and trusted) he said it was "a little more than $2000 hail damage to the roof." I bought it. I got the title a few days ago, which states "...in excess of $5000 damages.... type of damage- collision" the front end, driver door and roof are all circled, and a rep of the dealership signature. When I called the salesman tonight, he says "take it to someone you trust, have them look at it, if it's sound, nothing has changed." Do I have any rights to ask for some reimbursement? Or at least ask the dealership for some $$. I feel I was straight out lied to. I am taking it to a mechanic tomorrow.

 

[You Are Guilty]

What did your mechanic say when he checked it out before you signed the purchase contract?


Oh, it's "Solara" by the way.

 

[maria71]

Oops

I know that it is Solara, typo, so sorry.

I did not have a mechanic check it out previous to purchase. I know, I know. I'm not asking to be chastised, only for some help. "If you can't say anything nice...."

 

[I AM ALWAYS LIABLE]

My response:

Is the previous damage disclosed on the purchase contract? If not, then the dealer may do something, if at all, from the "kindness of their heart". Otherwise, there's nothing you can do, because you can't prove an oral statement. He'll say, "I never said anything about hail damage - - I said this car was a hair away from a salvage yard crusher, and you STILL bought the car even though I tried to convince you NOT to buy it."

It's called "Caveat Emptor". That's what "You Are Guilty" was trying to telegraph to you.

IAAL

 

[maria71]

Thank You.
I did sign a damage disclosure, that only stated "more than $2000 in damage", which I suppose is why he gave me the $2000 story. I talked to him on the phone today, and my fiance' went to talk to him. He says he was only told of hail damage, no collision. He stated this fact to both of us today. I guess I was already pretty sure I was out.. can always hope for something better. IF when I take this car to the mechanic tomorrow, and he says it's unstable... am I stuck with fixing it? Do I have ANY recourse?? Thanks again... and an apology to "You Are Guilty" for jumping on the defensive.

 

[You Are Guilty]

No apology needed.

As far as the car goes, unless you have something in writing about the damage, you're on your own.


Now, speaking from my own car repair experience (unfortunately a lot), assuming you can live with paint mismatchs and wavy body panels, the primary safety issue you need concern yourself with re: the collision repair is a bent frame. Even then, you can have the frame straightened, although its rather costly to do so. You might also want your mechanic to check the bumpers (not the covers, the pieces behind them) and their supports as they should be replaced after an accident (for safety) but many shops reuse them to save money. Also have him check out the airbags to ensure they were replaced if they fired in the crash. (Failure to do so has a lot of cool Federal penalties for the repair shop).

 

[maria71]

Body man looked it over today (the car ) and says it's sound. Looked like minor repairs, only a door that may some day down the road give me problems, it was shimmed (sp?). He said nothing crinkled, bent or warped... sounds good... I still think I will write a note to Sales Manager just to vent... for all the good it will do me. I still think I have an awesome car... Thanks

 

[I AM ALWAYS LIABLE]

I still think I have an awesome car... Thanks

My response:

A 5 year old Toyota Solara is an "awesome car"? Okay.

It probably is "awesome" if your "other" car was a 1966 Volkswagen "Bug".

IAAL

 

[maria71]

As a matter of fact, my "other" car was a 1994 Mazda 626 ES. So yeah, my 5 year old Toyota Solara SLE is an awesome car. Some of us don't have A-plus credit and make a ton of money. Remember... I live in South Dakota.
Thanks for your help, and for all the critisism from everyone.