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Does dealer have to disclose damage?

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Old Aug 20, 2008 | 07:24 PM
  #1  
jgarner53's Avatar
jgarner53
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Does dealer have to disclose damage?

OK, here's the story:

Ordered my car originally with driving lamps, but when my MINI was still over a week out of port, canceled and confirmed with my MA (I'm going to get them done locally for a lot less). Was especially relieved because it seemed like cars going through PH's VDC were waiting a long time for driving lamps.

Car gets off the boat on 8/11 and is listed on the OL as "At Distribution Center" with an estimated delivery date of 8/18. So on Monday I left a message with my MA asking him if he's got my car. Husband finally talked to him today, and here's what he said:

He's not sure where my MINI is?! According to his access/information, delivery date states 9/6. He said that he *thought* that was old information, from when they were going to install the driving lamps, but confirmed that he had canceled the installation. He checked the info on another car supposed to be in the same shipment, and it was scheduled to arrive tomorrow (the 21st). He guessed that my MINI would be on the same truck, and would let us know (with pickup date of Saturday for us)

So my question is: does the dealer have to disclose to you if there was damage during transport? I'm now totally paranoid that my MINI was broken (guess I had too many margaritas on board!) somehow, and it's taking so long at the VDC because they have to fix some major body damage, and I won't get my car until mid-Sept (short trip planned from 9/8-9/10, so couldn't pick up before 9/11)!

Seems to me like there was enough time (between 8/3 when I talked to my MA and 8/11 when my car arrived in port), that the computer tracking system should be up to date, especially from my MA's end of things (I know the OL is wonky).

I will hopefully know more tomorrow - when the shipment arrives - but I want to know for sure that my car wasn't damaged in transport.
 
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Old Aug 20, 2008 | 07:41 PM
  #2  
RJKimbell's Avatar
RJKimbell
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From: Vancouver, WA
ASK!! You have that right and the right to re-order if you feel something may not be right. I was able to see Molly before we took delivery, I would recomend it, if there is any way possible for you to view your car when it arrives at the dealership, I would strongly recomend doing it.

Good Luck!!
 
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Old Aug 20, 2008 | 08:08 PM
  #3  
gnatster's Avatar
gnatster
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From: Ohio
I do believe seen this info batted around before....

If the car suffers damage in excess of 3% of it's value it has to be disclosed to the dealer.

Now you have to get the dealer to disclose the info to you. Some will, some won't.

Pre-sold cars have been slow to come out of the port since dealers have so few lot cars anything not pre-sold gets 1st priority right now to get them in dealers hands.
 
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Old Aug 21, 2008 | 05:55 AM
  #4  
eager2own's Avatar
eager2own
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From: Southlake, TX
Not sure if they have an affrimative duty to disclose . . . But one thing is for sure -- the dealer can't lie about it if it knows about the damage. So ask and make sure you get a straight forward answer.
 
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Old Aug 21, 2008 | 06:06 AM
  #5  
wbarnhill's Avatar
wbarnhill
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Originally Posted by gnatster
Pre-sold cars have been slow to come out of the port since dealers have so few lot cars anything not pre-sold gets 1st priority right now to get them in dealers hands.
I've been told the exact opposite. Pre-sold gets priority through the VPC/VDC since the vehicle is already spoken for.

As far as damage is concerned, 3% is the point at which they are told of the damage by the VPC. I'd agree with eager2own that they are not allowed to lie to you about it, since doing so would probably fall under deceptive sales practices, but if it's below that 3% mark, they may not even know about it.

Give your baby a good once over before taking delivery, and take a lot of photos in case you don't see something during your excitement, but notice it later. After you drive off the lot, it'll be a pain to get the dealer to take responsibility for anything that could have been your fault. Most of all, if you do notice something wrong, get it back in to the dealer before your 1200 mile period is up. The service techs at my dealer told me that MINI gives them a little more leeway during that period to fix things that otherwise would be considered the owner's problem (like the front end alignment that mine still needs to center up the steering wheel).
 
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Old Aug 21, 2008 | 06:19 AM
  #6  
ajakeski's Avatar
ajakeski
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Look it over for signs for repair such as overspray, wrong paint textures, or sanding marks
 
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Old Aug 21, 2008 | 05:21 PM
  #7  
jgarner53's Avatar
jgarner53
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From: San Francisco, CA
Well, I will still be looking over it carefully (whenever that is), but when asked, the Sales Manager said that the car had no damage (in fact, couldn't answer why the car was still at the VDC, or if it was). That, at least, is something of a relief.
 
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Old Aug 21, 2008 | 09:38 PM
  #8  
hunter99's Avatar
hunter99
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From: Raleigh, NC
Be aware that most boat damage is pretty minor. It sucks that it happens at all, but it does happen. While there are instances of hitting rough seas and cars not being properly secured or breaking loose and causing major damage, most of it comes from the tight confines and the tie-downs getting or having a little slack and bumpers getting scrapes and such. Also happens from just loading and unloading.

When I took delivery of my car I looked it over very carefully. I even laid on the floor of the dealership and looked underneath. If I was only ever to find overspray I would be upset. Not because the car suffered a little damage but more that it was not fixed correctly. That being said I would be upset that I was not informed upfront, especially if the damage was severe.

When I started laying on the floor to look underneath the MA asked if I would prefer to have the car put on a lift. I asked if I could and they were nice enough to do that for me. A mechanic even stated what a great idea to do when picking up any car and was nice enough to go over the mechanicals with me. Afterwards the car was moved back to the showroom for going over the operation of controls and such plus the send off.

Best advice, when you walk in be nice but explain to you're MA that you're going to take a fair amount of time to check the car out very carefully. You could even let them know on the phone so a good time to do this could be scheduled. It may delay the delivery by a day or so but for what it costs to purchase a car it would be a prudent thing to do.
 
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