So I don't threadjack ghui's MoH Service Incidence Log thread, this is a new thread on paint defects.

Here's some interesting info I found about repainting and repairing brand new cars before they are sold. I believe my mom's MINI was repainted as there were shadows in the paint on the doors and a paint defect on the upper right side of the bonnet. However, as she is no longer in possession of this car, the point is moot. I do know that I was not made aware of any paint repair when this car was purchased new from the dealer.

For all of you that still own your cars that were purchased new, this point is still valid.

http://www.courttv.com/archive/legal...preme/bmw.html

SUPREME COURT OF THE UNITED STATES

Syllabus



BMW OF NORTH AMERICA, INC.

v.

GORE

CERTIORARI TO THE SUPREME COURT OF ALABAMA

No. 94-896. Argued October 11, 1995-Decided May 20, 1996

After respondent Gore purchased a new BMW automobile from an
authorized Alabama dealer, he discovered that the car had been
repainted. He brought this suit for compensatory and punitive
damages against petitioner, the American distributor of BMW's,
alleging, inter alia, that the failure to disclose the repainting
constituted fraud under Alabama law. At trial, BMW acknowledged
that it followed a nationwide policy of not advising its dealers, and
hence their customers, of predelivery damage to new cars when the
cost of repair did not exceed 3 percent of the car's suggested retail
price. Gore's vehicle fell into that category. The jury returned a
verdict finding BMW liable for compensatory damages of $4,000,
and assessing $4 million in punitive damages. The trial judge denied
BMW's post-trial motion to set aside the punitive damages award,
holding, among other things, that the award was not "grossly
excessive" and thus did not violate the Due Process Clause of the
Fourteenth Amendment. See, e.g., TXO Production Corp. v.
Alliance Resources Corp., 509 U. S. 443, 454. The Alabama
Supreme Court agreed, but reduced the award to $2 million on the
ground that, in computing the amount, the jury had improperly
multiplied Gore's compensatory damages by the number of similar
sales in all States, not just those in Alabama.

Held: The $2 million punitive damages award is grossly excessive
and therefore exceeds the constitutional limit. Pp. 7-26.

Before the verdict in this case, BMW had changed its
policy with respect to Alabama and two other States. Five days after the
jury award, BMW altered its nationwide policy to one of full disclosure.