Paid for a new car in cash, and found leather tear and dashboard defects

[FBird]

What is the name of your state? Texas
Hi,
My family recently purchased a brand new vehicle, which was paid for fully in cash. A couple of days later we found a slight tear in the leather seat and there are some minor bubbles in the dashboard. The dealership is willing to replace the seat and the dashboard, but we are uncertain on how it will turn out. What are our rights concerning the replacement of the car or a full refund on the car? Thanks.

 

[I AM ALWAYS LIABLE]

but we are uncertain on how it will turn out.

My response:

What do you mean by that? Unless you're in the autobody or auto repair business, you wouldn't know. But, you'll see the final product and, if everything looks and operates the way it should, you'll have no other problems. You're not entitled to a different car because of the problems you mentioned. You're entitled to the repairs, just as the dealer has said to you.

One last item. New vehicles typically have something "wrong" with them. When you go to the dealership for your repairs, you'll notice that you're not the only person there getting repairs done. There will be all sorts of new, and not so new, vehicles in line, waiting to be written up my the Maintenance Manager.

This is typical.

Happy motoring.

IAAL

 

[JETX]

If you are claiming that these 'damages' show that the vehicle was not new as promised, then you might have a case of fraud (depending on the specifics of the damages).

However, if you they are just 'manufacturer' defects and the dealer is offering to repair or replace them (to as NEW condition), then you have no damages after the repairs are made.

You asked, "What are our rights concerning the replacement of the car or a full refund on the car?"
You have no rights to demand a replacement or a full refund. The Texas Lemon Law helps consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired.
Further, A motor vehicle may be declared a lemon if it meets ALL of the following conditions:
- The vehicle has a serious defect or abnormal condition.
- The defect or condition is covered by a manufacturer's written warranty.
- The owner reports the defect or condition to the dealer or manufacturer within the warranty term.
- The owner gives the dealer or manufacturer a reasonable number of attempts to repair the defect or condition.
- The owner gives the manufacturer (preferably by certified mail) written notice of the defect and at least one opportunity for repair.
- The defect or condition persists and substantially impairs the vehicle's use or market value, or creates a serious safety hazard.
- The owner files a timely Lemon Law complaint and pays the filing fee.

Simply, a slight tear in the seat and bubbling in the dash would NOT qualify.

You might look at: http://www.dot.state.tx.us/insdtdot/orgchart/mvd/lemon/hndbk_s1.htm

 

[racer72]

Sounds like a case of buyers remorse.