Should I sue? Undisclosed body damage/repaint...
06-12-2019, 05:51 PM
#1
Junior Member
Thread Starter
Should I sue? Undisclosed body damage/repaint...
Hello,
I bought a used 2013 GL450 after scouring this forum and looking at a few at small dealerships. I decided to pull the trigger from BMW of Bakersfield in California since I thought that a big dealer would have more integrity to back a used car coming off their lot. The sales person sent me carfax, their service report ($3k in repairs) photos, and a grade rating of VERY CLEAN 9/10 grade. I'm a couple of hours away and locked a deal before I drove up which was already dark. Test drove the car and did a quick walk around. Everything seemed fine. A few days later I detail the car and noticed that the car has had the left rear quarter panel and door repainted with a pretty poor bondo repair (6/10) grade at most. I emailed and called the GM. He was abrasive and said that they already sold the car for no profit after they spent $3k in parts/labor and didn't feel morally or monetarily obligated to compensate for the missed damage. He also said that any small damage need not be documented since I was purchasing a 6 year old car with 87K miles.
Should I sue?
Any lawyers care to chime in? I'm in California
Thanks in advance
I bought a used 2013 GL450 after scouring this forum and looking at a few at small dealerships. I decided to pull the trigger from BMW of Bakersfield in California since I thought that a big dealer would have more integrity to back a used car coming off their lot. The sales person sent me carfax, their service report ($3k in repairs) photos, and a grade rating of VERY CLEAN 9/10 grade. I'm a couple of hours away and locked a deal before I drove up which was already dark. Test drove the car and did a quick walk around. Everything seemed fine. A few days later I detail the car and noticed that the car has had the left rear quarter panel and door repainted with a pretty poor bondo repair (6/10) grade at most. I emailed and called the GM. He was abrasive and said that they already sold the car for no profit after they spent $3k in parts/labor and didn't feel morally or monetarily obligated to compensate for the missed damage. He also said that any small damage need not be documented since I was purchasing a 6 year old car with 87K miles.
Should I sue?
Any lawyers care to chime in? I'm in California
Thanks in advance
06-12-2019, 07:50 PM
#2
MBWorld Fanatic!
I understand - but to be frank the best path forward is to start searching where you can have the damage repaired competently at a fair price. Just for your reference - because Arkansas is not a help to you - here my internal shop cost is about $350 a panel
You really don't have "legal" recourse - it is not "uncommon" for a owner to have minor damage repaired "out-of-pocket" so their insurance rates don't go up - "collision repairs" get reported on CarFax when insurance companies are responsible for the repair - cash customer repairs CarFax normally doesn't pick that up.
You really don't have "legal" recourse - it is not "uncommon" for a owner to have minor damage repaired "out-of-pocket" so their insurance rates don't go up - "collision repairs" get reported on CarFax when insurance companies are responsible for the repair - cash customer repairs CarFax normally doesn't pick that up.
06-12-2019, 10:46 PM
#3
Super Member
Join Date: Jan 2014
Location: USA - Minnesota
Posts: 994
Received 319 Likes
on
248 Posts
2023 EQB 350 & 2014 GL350
For what?
Like the dealer said, it's a six year old car with 87K miles. Since the issue is so obvious to you, you could have just as easily noticed the work BEFORE you bough the car. Just saying.
And even then, it sounds like minor work. FWIW, my E350 was a CPO and even the CPO is permitted light body work. It comes with the territory of used cars.
That said, a MAJOR undisclosed collision would be a different matter but that's not the case here.
Like the dealer said, it's a six year old car with 87K miles. Since the issue is so obvious to you, you could have just as easily noticed the work BEFORE you bough the car. Just saying.
And even then, it sounds like minor work. FWIW, my E350 was a CPO and even the CPO is permitted light body work. It comes with the territory of used cars.
That said, a MAJOR undisclosed collision would be a different matter but that's not the case here.
