I thought new meant untitled. If a car is damaged and untitled it is new but damaged. So not sure you win here.
This makes no sense.
Dealerships are required to disclose previous damage on a brand new car over a certain threshold by law. Frame damage would certainly be over that threshold. The only caveat being the possibility the car was a dealer trade and the dealer didn’t know. I would suspect the onus would still fall on them, however.
Do I understand you! My mom’s first car in America was a CPO 2010 Toyota Camry V6. We bought it 2 years old, with low miles, and a “clean carfax”. Turns out the car was total junk. It started falling apart, in half a year. ECU went, struts went, brakes went, steering went…and we had no clue what was going on! Looked at the windows, and they were mismatched (aftermarket, not toyota stock). Took it to carmax, and guess what…same thing!
Paying your legal fees is great, but not going into your pocket. If you play your cards right, you can potential get a better deal dealing with them directly if they understand legal recourse is coming.
Seems pretty much straight forward and as other people said it could have been an honest mistake so they may be extremely sympathetic and want to help you. I get your mad but it’s not like they have ignored you or disputing your claim. It could have been as simple as it was marked to be sold as “preowned” and a sales person saw it had 13 miles and just assumed it was new and no one else caught it.
I don’t see the downside as you have all the proof you need and still in possession of the car. It may be worth reaching out to Honda USA since they won’t be happy as it’s poor publicity for them and they could track the history of the car including if it changed dealerships.
I see where you’re coming from! I will speak with an attorney and see what my options are. I may go to the dealer to gauge what they would compensate me. From the research I’ve done so far on similar auto fraud cases, the dealer owes me a full refund, about $24,000 for the vehicle, plus punitive damages, which can be another $50,000+. I highly doubt the dealer would come close to this type of compensation with me directly. The most I would see them do is give me a refund, and discount on another Honda which I do not want.
Highly doubtful any of those items were failing due to an undisclosed accident unless it was a flood car possibly. Your situation appears completely different in comparison to OP. Likewise, you’re comparing a used purchase to a new one. Nobody should have to get a new car inspected by a third party. Everyone should get a used car inspected before buying however. I’d never buy a used car based on what was printed on the Carfax report alone, and would have it inspected by a third party of my choosing before ever agreeing to sign any papers, for this very reason.
I hear you… Hopefully you can get an unbiased legal opinion as the lawyer you are going to potentially hire of course is going to say to take them to court.
If it turns out to be an honest mistake and they can prove they weren’t knowingly trying to deceive you, your damages could be limited while taking months to get resolved.
Additionally, the sales manager could tell you something they shouldn’t have including what actually happened that helps your case before their legal counsel gets involved.
Do you know if you’ll have to go through arbitration?
Car had frame damage.
“Do you know if you’ll have to go through arbitration?”
I am not sure but hoping to get this answer this week!
Best of luck, OP. I understand your frustration! Shouldn’t have to be in a position of worrying about buying a NEW car with frame damage.
Should’ve inspected it before buying.
Maybe. But I doubt I would have noticed frame damage visually. I’d have noticed the car not driving right.
Seems like a good reminder all around to never take for granted whether a new car is actually brand new. I test drove a brand new Focus ST years ago and was rear ended at a red light during the test drive. These things happen, and the cars ultimately still get sold one way or another.
Reach out to the dealer and threaten legal action. If no action then send a certified Demand Letter then pursue litigation.
Be careful with litigation it can get expensive quick.
My issue with litigation is it can take a while, and once you bark up that tree, there is no undoing it right away. If you’re looking to try and get some immediate resolution, then I would start with the certified demand letter approach with well organized documentation telling the story…
Just my $.02 - not providing legal advice to anyone…
This is my position right now. The evidence appears to be so overwhelming that I would think the dealer would want to settle this right away.
You have to remember a lawyer will probably get you more money and it wont cost you anything out of pocket. But a lawyer will probably take 30% of your total for their time.
You have to see if you can negotiate a deal that would do better than that.
Of course! Which is why I am also consulting with an attorney. From my understanding, the lawyer does not take anything out of my total. The other party would be responsible for my fees separately.