Please please help!

L

LUXHTRD_54

Registered
Ok, I'm having a hard time even accepting this right now but here's the story. So I traded in the Mark and bought myself a Brand New 2004 Mustang GT from Smithtown Ford in Long Island NY.

Anyway, I took the car home last night after I looked it over in the dark at the dealer. Bright and early this morning, I went outside to have a lok at my baby and what do I see?? A rear quarter panel that was HORRIBLY repaired. Inside the fender-well the metal is jagged at the edges and one can see that it was bent back, filled, horribly sanded and re-painted.

I called the dealer, they want tme to bring it in right away, and Now, I know for a fact that they had 2 GT's in Black with black leather interior. This ones seems to be the demo. Now I paid for a new car and I want a new car. The dealer says that they will repair the car to my satisfaction but repairing it is not my satisfaction. I want the other GT that I saw and test drove, that had 5 miles on it. This car had 75 miles on it when I picked it up. I was willing to accept that.

Does anyone have any ideas what my rights/recourse may be?
 
RE: Please please help!

I don't know the specific laws, or the laws in your state. Check them out. What laws I believe there might be is that you have X amount of time to back out of a deal (I forget what that's called), and Lemon Law. I don't have specifics, sorry for that, but I do think you should get them worried so they make you happy and pronto without needing to hire a lawyer.
 
RE: Please please help!

I am awaiting a call from the general manager now. Can't believe this..my first new car of my life..and this. Why can't people do business legitimately?? I am aware of all the NY Lemon Laws. Unfortunately I don't think it will apply in my situation unless they don't fix it right 4 times, or unles the car will be out of service for more than 30 days.

Shoullda kept the Mark!! Thats what I get for crossing over...
 
RE: Please please help!

Well, when I worked in a law firm, we sued a few times (and won) when the dealers sold cars that had been damaged as demos and it was not reported to the new owners. That was IL law years ago, don't know if it would apply to you or not, but see what you can find out. Maybe call a lawyer and ask what your rights are. Or just, when you talk to the GM, tell him you need to check with your lawyer first, if he offers something you aren't pleased with. ;-)

Oh, and IIRC - those lawsuits were based on the Magnusson-Moss act.
 
RE: Please please help!

Usually, you have 3 days to back out of a contract like this. If they balk in anyway when you speak to them, walk and get legal help fast. You agreed to the car you test drove, and they switched on you. Be firm, good luck!

Steve
 
RE: Please please help!

In MI there is a "cooling off period" where they have to take the car back. If the car is not to your satisfaction, take it back to the dealer, go to the manager, hand him the keys, and ask for your money back. If he says no, tell him "you'll be hearing from my attorney", and walk out. Start walking home if you have to, and get on the phone and call a cab.

If they want to repair it, tell them you want to see the body in white that they plan on using to repair your car. Tell them pulling and patching that panel is not acceptable on a brand new car and that if they wish to "repair" it, they must get a new shell, welded at the factory, and transfer all of the parts from the car they gave you, to the new body shell. Without scratching it, because it had better have been painted on the line, like a new car should be.
 
RE: Please please help!

Check the Uniform Commercial Code at the bottom here:

http://www.lemonlawamerica.com/state_laws/new_york.htm

Especially this part of the code:

REJECTION -
The new car buyer may discover a problem with the vehicle within the first few miles of his purchase. This would allow the new car buyer to reject the goods. If the new car buyer discovers a defect in the car within a reasonable time to inspect the vehicle, he may reject the vehicle. This period is not defined. On the one hand, the buyer must be given a reasonable time to inspect and that reasonable time to inspect will be held as an acceptance of the vehicle. The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect.
 
RE: Please please help!

woops. Looks like you OWN the car you signed for(umm, that's why they have VIN numbers).

Bummer...happens all the time. ever heard the term "bait and switch"?

Happened to me at a Ford dealer before I bought my 94 mark VIII. I test drove a 2003 Mustang GT, loaded to the hilt. had 35 miles on it.

They drew up a contract, and showed me where to sign...I told them I wanted to look at the VIn to verify the car they were writing up was the same car I drove(because it disappeared to the "detailer") well, guess what? it was a different car...it was a 58 mile car with different wheels...I was so angry, I walked inside, set the paper down, and told them i needed my glasses to read it....I never went back.

California is FAMOUS for NO COOLING OFF PERIOD. Unfrotunately, if your signature is on the bottom of the contract, its your car. Sorry.
[a
Club 16 President/Founder
94 Black/Black M8
97 Toreador red/Lt. graphite LSC M8
V.P. GGM8​
 
RE: Please please help!

Drive it through their showroom window and leave the keys on the first desk you run over.

Seriously, if you do not want that car that's been repaired (you don't, it's a huge hit on resale), get it back to the dealer and leave it there. If you have to throw the keys at the salesman and say f you, do it. Then drive out in your mark with the spare keys if you still have them. Once they have the car back you can deal with the lawyers. Possession is 9/10's of the law.

You may want to consider calling the local news station. A lot of them have a "problem solvers" segment or something like that, and they love to outline shady business practices.
 
RE: Please please help!

There is no negotiation here… Get your money and your Lincoln back… there is no, choosing a different car from this place. They’ve already proven they aren’t trustworthy, why would you give them a dime?

You want a mustang, find some other Ford dealer… or just KEEP YOUR MK8!


:7 -J

www.ivotedblue.com
www.bradleyreport.net
 
RE: Please please help!

[div class="dcquote"][strong]Quote[/strong]
Drive it through their showroom window and leave the keys on the first desk you run over.Seriously, if you do not want that car that's been repaired (you don't, it's a huge hit on resale), get it back to the dealer and leave it there. If you have to throw the keys at the salesman and say f you, do it. Then drive out in your mark with the spare keys if you still have them. Once they have the car back you can deal with the lawyers. Possession is 9/10's of the law.You may want to consider calling the local news station. A lot of them have a "problem solvers" segment or something like that, and they love to outline shady business practices.
[/div]

I agree, call those news stations, we have lots of them around here that would love to solve it, and turn themselves in hero's. Usually dealerships/companys in general will back off completely then having the local station ruin thier reputation.
 
RE: Please please help!

OHHHHH YEAHHHHH...new car is on the way, will have it by Monday. I told them that it is not to be touched by them until I look at it. I do not want them to do any "dealer prep" until I look at it. I actually contacted an attorney (who happens to be a close associate) who specializes in consumer fraud. She placed a "courtesy" call to the dealer and WOW...what a change in tone. She quoted some subsections, and what not and presto. See, the good thing is that this is a mom and pop dealership, with no other affiliates or chains. Their name means everything to them!

However, I must say, that they were initially willing ot do whatver it took to make me happy (except for replacing the car.)

Hey, I got what I wanted and I'm willing to accept that as long as is passes my inspection (and that of my other cousin who only does body work on expensive european exotics.)

I thank you all for your help and I will post a pic or two of the new car..
 
RE: Please please help!

Magic...California is MUCH different. here, the term "possesion is 9/10ths of the law" is what gets your butt in jail.

I am serious when i say that California car dealers have attorneys on the payroll for no other reason but fraud protection.

I will quote one line on a new/used car buying contract:

"By signing the invoice the buyer agrees to accept the terms stated in this contract. There is NO COOLING OFF PERIOD. It is the BUYER'S responsibility to inspect the document for correct vehicle identification number(VIN)/License plate number(if so equipped),stated odometer reading(see section 5-e) and selling price/finance terms. Once the BUYER signs the contract, no corrections, alterations, or transfers will be accepted."

Welcome to nazi-fornia.

I am glad you got it all worked out. It is a sad truth that it is the lawyers that get us into these jams, and it is the lawyers we NEED to get us out of these jams. I am just amazed that your aquaintence was willing to help you for free. Afterall, someone paid for that lawschool diploma!

cant wait for pics!!! Mustang GT... Hell yea!

[a
Club 16 President/Founder
94 Black/Black M8
97 Toreador red/Lt. graphite LSC M8
V.P. GGM8​
 
You must log in or register to reply here.
Back
Top