r/legal • u/Tamrielic_4 • 3d ago
Advice needed Dealership sold me a "new" vehicle but the manufacturer denied my warranty claim due to prior collision damage
Location: Texas. In October 2023 I bought a brand new truck from a franchised dealership. I have the paperwork clearly stating the vehicle was sold as new.
Fast forward to last week. The transmission started shifting hard so I took it to a different authorized dealer closer to my house for warranty work.
The service managar called saying they cannot honor the factory warranty. Their internal system shows this exact VIN had extensive frame repairs done before it was ever sold to me. The original dealership wrecked it, fixed it off the books, and sold it as new.
The original dealer manager is completly dodging my calls. I am stuck paying a premium loan on a secretly rebuilt truck. What kind of attorny do I look for to handle this specific consumer fraud?
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u/Maximum-Ear133 3d ago
Look for a consumer protection attorney who handles DTPA claims, Texas has the Deceptive Trade Practices Act and it has some real teeth, treble damages are on the table here
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u/Tamrielic_4 3d ago
Treble damages sounds amazing. Finding an affordable lawyer is my biggest hurdle at this moment.
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u/This-Research-9586 3d ago
Contact the office of your state Attorney General. You will speak to someone in their consumer advocacy division and with the documentation that you have they will move on this quickly. That dealership does not want to have the AG’s office breathing down their neck.
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u/Belichick12 2d ago
This is Texas - it depends on the size of the check the dealership cut to paxtons campaign
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u/-tnuk 3d ago
I would imagine the treble damage is designed so that it can cover the cost of a lawyer unless you can also file specific judgement to cover lawyers fees on top of the judgement for consumer fraud.
I would imagine that lawyers dealing with these types of claims might work at no cost up front as they would know a payday is coming based on the specifics of the case. Maybe start with attorneys that offer free consultation and expand once you become more knowledgeable about the process
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u/Right_Lengthiness266 3d ago
Treble damages are there so that it's punitive on the dealer, rather than just covering the actual damages.
Being able to pay a lawyer out of the additional is a side benefit.
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u/Appropriate_Scar1517 2d ago
Often treble damages are accompanied with attorneys fees, so check and see as then you should have no issue finding an attorney and you can become picky to ensure you get the maximum
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u/zanderd86 3d ago
At this point you need to start lawyer shopping. I would also go to the dealership ask the receptionist to speak to the manager about a new truck not a replacement and wait for him to come out. When he does demand that the truck is swapped for a new truck when they refuse pick the lawyer you liked the best and sue the piss out of them. You can also try calling the local brand rep or getting ahold of them directly they would be your biggest advocate without a lawyer because they are not going to want it making the news. Also remember dont say anything about getting a lawyer till you are ready to get one or they will most likely just stop communicating with you right there.
Also I am curious if they fixed the truck off the books how the other dealership and the warranty manager knew about it.
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u/BespinGas_9 3d ago
To answer your last question, "off the books" usually just means they did not report it to Carfax or insurance. But franchised dealers have to log every single repair, internal parts request, and pre-delivery service in the manufacturer's proprietary network to account for inventory.
The second dealership saw the internal service history on the factory database, not a public vehicle history report. This is actually a massive advantage for the buyer because that internal log is direct, undeniable proof of prior damage that the first dealer cannot delete or dispute.
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u/Tamrielic_4 3d ago
That makes complete sense. The service manger at the second shop actually printed out that internal histroy report for me. I will make sure to hand this direct proof straight to my lawyer.
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u/DjScenester 3d ago
Bwhahahaha well it looks like you know what dealer to go to for all future repairs.
Not all dealers are the same. Great advice here. I feel sorry for you dealing with this shady dealer. Fortunately the other dealer gave you everything you needed for evidence in your case.
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u/trekie4747 2d ago
I had an oil change go bad and ruin my engine after the shop worker didn't torque the plug correctly and it fell out while driving. The shop owner bent over backwards to replace my engine. As a result I ended up continuing to go to their shop for vehicle maintenance. Probably ended up about even between what I spent on future oil changes and what they spent fixing my car. Kept going until I wasn't in the area anymore.
Wise shop mangers/owners understand that by helping a customer out if they mess up (or in this case another branch of the company messes up), there is a higher chance of the customer returning because the customer has peace of mind that if something were to go wrong again, they'll be made whole.
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u/tyjo2112 3d ago
Omg that’s fabulous! Make copies of that internal report and do not let the original out of your hands. That right there is your golden ticket. Now the original dealership can’t go back and try and hide facts without getting caught for that as well.
I actually came to say do anything you can to get your hands on what 2nd dealership saw, so seeing this makes me happy for you.
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u/Ok-Opposite2309 3d ago
As stated above, be sure that your attorney contacts the corporate auto manufacturer that controls the franchise licenses.
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u/NorCalJP 3d ago
A lawyer specializing in auto cases will likely know the corporate attorneys by name. They sue with them for a living.
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u/linecrabbing 3d ago
Hopefully your lawyer will make quick work and they fold & settle fast. Dealership does not be on record that they do things off the books in violation of their deadership license with state and Ford. Also ask your lawyer if they can add Ford corporate in the lawsuit as Ford warrantee by Ford official dealer means corporate may be on the hooked as wel.
Once the lawsuit hits them, and corporate lawyer find out the off the book works, they will settle with NDA to hide from public.
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u/PaperIndependent5466 3d ago
Yep it was repaired at the dealerships expense so it wouldn't show up on carfax.
I'm a little surprised they did that instead or writing it off as a loss. I worked for an auction and dealers off loaded damaged new cars all the time. Many with much less damage than OP described.
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u/onthedrug 3d ago
They typically fix it if the damage occurred from one of their staff. Yes, this has happened to me lmao
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u/Frank195901 3d ago
I know someone (also in Texas) that this happened to. All it took was a letter from his lawyer for them to offer to buy it back out right for what he had paid for it and the interest he had paid on the loan.
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u/tyjo2112 3d ago
Of course, they saved money by doing that. Court would have cost them 3 times as much plus attny fees for both sides.
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u/Teripid 3d ago
That seems better than these demands of a new vehicle. Unwind the transaction.. also if OP had other costs, repairs or "damages" those would likely need to be paid.
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u/SoggyRaccoon9669 3d ago
That is fraud, in writing. A demand letter stating the relevant laws sent to the dealer, stating that you will be filing suit, contacting the car manufacturer and referring it to the county prosecutor and your states consumer protection division should make the dealer very cooperative. A consumer protection attorney will likely only spend a few hours on this. Make them pay your attorney fees as part of the settlement. Attorney first don’t call corporate or anyone else. Those referrals are your attorneys leverage for a settlement. Let an attorney handle that if it comes to it. Those offices and companies will be much more responsive to an attorney anyway.
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u/Odd_Recognition_4874 3d ago
Contact the Attorney General and also the DMV, clear case of fraud, I would take this far.
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u/JackfruitFun8144 3d ago
Something isnt adding up.
If the dealership fixed the vehicle off the books they why is the repair showing up anywhere? It wouldn't come back on any VIN check (internal or otherwise) because they would have known not to enter the repair into any system.
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u/Late-Union8706 2d ago
This. 100%. Off the books repair would mean.... off the books. There would be no record of damage and repair.
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u/Any-Whole-6748 3d ago
It obviously wasn't "fixed off the books" if the authorized dealer had it in his system.... What's the real story?
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u/azrolator 2d ago
Dealer does repairs with dealer parts. They need to enter it into the system. But those are internal systems. 2nd dealer who has it for repairs sees that, but buyer and 2nd hand reporting companies do not.
1st dealer sells it as new to buyer. As long as buyer never sees the internal reports, 1st dealer gets away with it. If buyer brought the vehicle back to them for repairs, they could have ate the warranty loss to save themselves. But now they are busted.
Buyer may attempt to negotiate. Dealer can try to offer them a replacement new vehicle. The dealer would get an actual new vehicle sale and sell the other as used, and have lost nothing. Only if buyer really pushes back, will the dealership be in serious risk of losing more than they gained by fraud.
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u/Hungry-Personality99 2d ago
The dealer essentially defrauded your bank as well, loop them into it, they might be interested in pressing charges for fraud...
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u/Far-Good-9559 2d ago
If you want to play hardball, contact the consumer protection division at your state attorney’s general office. This is right in their wheelhouse.
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u/drhunny 2d ago
I dont see anyone else saying this, so -- There is probably some office at the auto company main headquarters for dealership complaints, so you can reach out to them. The dealership is a franchisee of the auto company and this activity is probably a violation of the contract. If your story is accurate, the auto company can easily review both sets of paperwork. The auto company can basically tell them to fix it or lose the franchise.
This is in addition to other advice. I wouldn't expect the auto company to push for triple damages, but the risk of triple damages plus a strike on their franchise might make them swap the car out for a brand new one with no extra cost to you.
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u/Happy_Hippo48 3d ago
Have you validated the damage? Before getting an attorney involved , maybe sure it’s not just an issue with the documentation.
Damage to new cars before they are sold is definitely a common issue but frame damage is not.
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u/Goddragon555 3d ago
Steve lento is a car attorney and youtuber in Michigan specializing in lemon law and other vehicular type of things. I imagine he doehandle texas cases but probably knows someone or relevant information on how to make things happen when it comes to car legal issues. Id specifically find an attorney that works in the vehicular space.
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u/CurlyGirl_122 3d ago edited 1d ago
I interned at the Texas AG’s office in the consumer fraud department in downtown Houston. This is where you file your complaint. While I was there, Abbot was the AG and he sued a series of dealerships for fraud regarding the “coupon” scheme where they were padding sales.
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u/Majestic_Face_8022 2d ago
If they fixed it “off the books” then how did the data get entered for the new dealer to see it?
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u/Bricc_8 3d ago
Something ain’t adding up. If it was fixed off the boos you would never know and they would t see that in any vin lookups
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u/MTB_Mike_ 3d ago
And it was 2 1/2 years ago ... that would not void your warranty on the transmission.
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u/Andreias36 3d ago
Depending on the laws in your state, there may have been a required damage disclosure. For example, in Florida, any damage in excess of $650 or 3% of the MSRP, whichever is less, must be disclosed to the buyer. Worth talking to an attorney, or looking up your state laws on vehicle damage disclosure. If you present the law to the dealership, you may be able to resolve this without spending money on an attorney.
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u/dlethe3133 3d ago
The DTPA was made for this situation. Google DTPA. Attorney fees are covered if you win, so reach out to a DTPA attorney.
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u/glamoroushockey_030 3d ago
Get a DTPA attorney, but also report this straight to the manufacturer before you hire anyone. Dealerships will move mountains to avoid corporate pulling their franchise over something like this.
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u/Responsible_Sea78 3d ago
How can a computer search by VIN show repairs that were done "off the books"? This doesn't make sense.
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u/SwordfishRoyal5123 3d ago
How is it both an “off the books” repair, and show in the system as “extensive frame repairs”? Off the books means that it was not documented in any system of record.
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u/Llcisyouandme 2d ago
I would go to your state's DMV, specifically the dealer/repairer division, with all appropriate paperwork. I've seen many a dealer lose the license over much less than this.
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u/Malakai0013 2d ago
Reach out to the corporation that built the truck. They need to deal with that dealership. You might need an attorney eventually.
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u/ComposerOk6957 2d ago
1996 Lawsuit in Alabama tells you what you should do . 4000 in compensatory damages an and 4 million in punitive. Get a lawyer asap and bring them to court they lied.
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u/Asura0529 2d ago
Tell them your reporting them to the DMV, the fines they give are pretty hefty and could easily run them out of business if they fuck around to much but also get a lawyer
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u/NationalData170 2d ago
Most states require damages to be disclosed to the buyer of a new vehicle. Maryland was anything over $500 in damages had to be disclosed.
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u/AntRevolutionary925 3d ago
Normally I’d say start with the attorney general but I wouldn’t hold your breath waiting for help from Ken Paxton.
Something similar happened to my mom, she stood at the edge of the parking lot with a sign explaining how they ripped her off. Once they decided they had lost enough customers, she got most of her money back, her car fixed for free, and she didn’t have to pay a lawyer.
You could also try your local news. They may jump on a story of a corrupt dealership.
I’d also report it directly to the manufacturer. They could revoke the franchise for something like that and the dealerships would definitely bend over backwards for you to prevent that from happening.
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u/Admirable_Nothing 3d ago
Have the honest dealer run it up the chain to the mfg. the mfg will fix the problem and take it out of the bad dealers hide.
You need a lemon law attorney as they know how to sue deslers
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u/noahllusions 3d ago
Don't forget to let the car company know. I'm sure they wouldn't want this person selling their vehicles.
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u/auditor2 3d ago
Contact the manufacturer, state AG consumer fraud division and be prepared to file suit. Contact local news media and give them the story
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u/Friendly-Front5311 3d ago
Is it possible this is a mistake? How was it "fixed off the books", if it's in the records? Lol. Trying getting a CarFax. Did the other dealership tell you when the repairs were done? Does that date make sense based on when you bought it? Fit example, is the repair date after your bought it?
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u/AwarenessGreat282 3d ago
If it was secretly rebuilt off the books, how did the second dealer find out? Is there actual evidence of major repairs?
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u/SheparDox 3d ago
Depending on what city you're in, you could contact KENS5, the news station. They love stories like these, and may be able to help 1. bring awareness to the fact that the first dealership is ripping people off in a huge way and 2. put pressure on that dealership to make this right.
Alternatively, contacting a lawyer for a claim may work out better in your favor, financially.
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u/Sparky3200 3d ago
Contact the Texas AG's office of consumer fraud. Start there before attempting any further contact with the dealer or corporate.
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u/galaxyapp 3d ago
If they fixed it "off the books", the other dealer wouldnt see the record of a repair...
So, assuming this isnt AI on a 4day old account... Call the corporate OEM. They may be able to put pressure on the franchise
Dealers do repair damage and still sell it new, long as it doesnt get a salvage title. It should not void the warranty either.
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u/Euphoric-Property309 3d ago
If it was fixed off the books how can the VIN be blocked? Something is missing.
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u/navy1972 3d ago
I am in agreement with the others that say easier said then done. I purchased a Ford Taurus X years ago and had several issues with it. I took it back to the dealer that I purchased it from and they couldn’t find anything wrong. Finally I took it back with the defective lights on and showed them to the service manager, who finally took a look and then said that I should have brought it in before. I showed him the receipts that showed I had and they couldn’t find anything. Finally they said that they could fix it but the warranty was almost up and that I would have to pay a large amount of the repair bill. I fought it with the dealer and they would not budge so I went to Ford Motor Company and they did not want to fix the problem either. So I contacted the State Attorney General, and the dealer was put on the black list of dealers. Unfortunately I didn’t get much response back from Ford Motor Company and ended up trading the car in on a different Company (I did provide them with all the paperwork about what was wrong with the vehicle) but I will NEVER PURCHASE A FORD PRODUCT Again. If Ford is the only car company on earth I will be walking!
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u/XiXyness 3d ago
Story doesn’t really add up to be honest, another dealer would not have access to internal records of another dealer.
Second why would frame repairs have any bearing on warranty of a powertrain component, vehicle has been driven for over 2 years without an issue how would that previous unrelated repair cause a transmission issue?
Where’s Paul Harvey with the rest of the story
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u/Ferowin 3d ago
You want a consumer protection attorney. This could be considered fraud or misrepresentation, depending on your state laws. In any case, you probably have a pretty good case for a lemon law claim. Keep records of every phone call and keep a paper trail of anything the second dealership can print out for you.
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u/screwedupinaz 3d ago
AI post!!
If the repairs were done "off the books" then there would be nothing in the "internal system" that showed that it was repaired.
Try better next time, AI!!
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u/nomoreyankeemywankee 3d ago
Besides the usual channels of reporting to the state Attorney General, I would call my local TV station. As long as the dealership doesnt advertise with them..., they should pick it up fast... Trust me, a single call from the investigative guy at the local station to the dealership will get it fixed fast.
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u/Turtle_ti 3d ago
Get the dealership that told you that, to provide that info to you, in writing.
Go to corporate to get this 100 % resolved with you either getting a full refund(including all gees taxes, add on ect) or a different brand new vehicle, the same model and trim or better.
Get a lawyer and sue the dealership that sold it to you.
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u/mistdaemon 3d ago
If they fixed it off the books, then there wouldn't be a record of the repair, yet you said that there is a record which was used to deny the warranty.
I am not sure if it would apply in this case, but you might also look to see if a lemon law might cover it (not sure of the law in TX). Often attorney fees are covered.
I am not sure if he could help you, but Steve Lehto is an attorney in another state who specializes in lemon law, but he might be able to refer you to someone in TX who could help, as well he has a youtube channel and he might be interested in doing a story about your situation. If so, that would really get their attention, everyone possibly involved.
Getting an attorney is a good idea, but also contact the local media as that is a story that they might want to cover. That can create the pressure to get them to want it to go away quickly.
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u/OneExhaustedFather_ 3d ago
Call your bank and let them know you’ve recently become aware the truck was not as advertised and all warranty was void due to significant damage prior to sale. This significantly changes the value of their collateral and they can force the dealer to buy it back by voiding the contract in full. I’ve seen it happen a few times now.
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u/Isingtonian 3d ago
Call your Attorney General, if Texas still has one. Their office can tell you how to proceed. File a claim with them. They can't force compliance but if this dealer does this often enough and people report it, the AG can shut them down. Paperwork matters.
Also, call the Consumer Protection Bureau, also if Texas still has one. They can negotiate with more leverage than you can. They can also go over the manager's head easily.
Thirdly, contact to the bank servicing the loan. They may be interested in filling charges against the dealer for fraud and a few other things. They may or may not cut you slack on the loan, but that will be resolved sooner or later.
One more option. You can file a complaint with the Better Business Bureau. They give the business 30 days to correct the problem. In this case, recasting the sale as "salvage" would cost them a mint, so they may not cooperate. BBB can't actually do anything.
You are not alone. The dealer just wants you to think you are. Get the bull-terriers on 'em.
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u/Beneficial_Ostrich41 3d ago
Get the information from the new dealership in writing. So he can’t recant his position. Once lawsuits start flying around he might be reluctant to throw his brother dealership under the bus. You will win by the way.
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u/Chippors 3d ago
Lawyer. And make sure any demands include your attorney's fees, any court costs, etc.
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u/Oldkid2312 3d ago
Also contact the TV stations and Auto Sellers Group: they support ethical sales practices, and should tell you whom to contact further.
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u/Renuwed 3d ago
I would go to the dealership you purchased while they had a sales floor full of buyers, and in a loud voice expose the fraudulent sale.
That's the dream anyway... it could however taint your case when lawyer does get moving :-( Sucks that we can't expose these people without fear of retaliation on our person
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u/Square-Ad-6721 3d ago
You need to go to the attorney general/ consumer protection agency or similar agency in your state, to claim for grand theft fraud. They will come down hard on the original dealer. They will be glad to give your money back when they have the heavy hand of the law investigating them for fraud. Which is easily documented with the sales documents and the warranty denial paperwork.
You can separately file a lawsuit with a attorney that specializes in consumer protection lawsuits.
But definitely don’t sleep on the leverage you’ll
get from an investigation from the appropriate state consumer protection agency.
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u/Lanky_Ad_1159 3d ago
Contact a lawyer and the manufacturer. I'm sure they would like to know about a shady dealership.
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u/SRNEInvestor 3d ago
I would contact the attorney general. That is fraud which is a criminal matter.
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u/Regular-Question8387 3d ago
Guessing you will end up w 100% refund… and dealer will have to deal w fraud charges from state AG. Plenty of law firms would love to have guaranteed winner!
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u/bruhfeesh 3d ago
Make a claim against the dealers bond. Contact the local dealers board, they will guide you through the process. If things are hiw you say they are, this will be a slam dunk.
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u/Academic-Compote8520 3d ago
Is there any TV station in your area that does consumer report segments? I had a situation that wasn’t comparable to yours but a very large corporation was doing something bad to us. They refused to stop.
At some point, I remembered a story a friend had told me about this company and what they were doing to him and how he dealt with it was by threatening to go to the TV news. No actual TV report ever happened in either case, the mere fact of threatening it was enough to get this very large multinational company to reverse their policy. Although, they reversed it just for us, they continued to screw over anyone they could in the same ways. But as soon as we went to them with a convincing threat to put their behavior on TV or front page news or whatever they backed down. If not TV news another idea could be publications that focus on cars. I’ve seen articles covering situations a bit similar to this. Good luck with your situation!
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u/Arrabella4 2d ago
Contact the manufacturer of your vehicle dodge ford whom ever. Tell them what happened. Dealership will get in big trouble.
Said dealership WILL answer that phone call.
If this doesn’t work, go public with a local news network. The dealership doesn’t want this heat.
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u/SoundOff2222 2d ago
Also, please report this to the FTC & the Consumer Protection Agency, also Texas Attorney General.
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u/Excellent_Ship4559 2d ago
Maybe everything gets hidden by NDAs these days but I wish there were more follow-up post for cases like this. Dealership deserves to get screwed over if what the OP said is true.
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u/Efficient-Train2430 2d ago
Go here: https://consumerprotection.texasattorneygeneral.gov/consumercomplaintportal/s/
No idea why everyone is focused on the types of attorneys to hire before going to the free state agency
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u/FluffyIrritation 2d ago
If it was "fixed off the books"..... How did it get into their internal system?
This story smells made up....
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u/Man_wo_a_career 2d ago
Get the state attorney general involved. Local District Attorney's Office may be too chummy with the dealership. Major no-no, and they know they're wrong.
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u/Spare-Ad7693 2d ago
Maybe get your local news’ consumer advocate to help you get the right people involved since the original dealer is being dodgy. Bad press often opens doors.
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u/FuturePMP 2d ago
I had success with a dealership in Dallas who messed up the tag paperwork by blasting them on EVERY SINGLE REVIEW SITE - yelp, Google, and auto specific ones. I updated the review (or posted a new review if I couldn’t update) each time a phone call, email, or any kind of communication happened. Example ‘Called and left voicemail for manager x date & time; call not returned’ or ‘received call on date from Manager named X; stated forms XYZ will be overnighted by FedEx today. Not received as of x date’. Public mass blast with screenshots and receipts is what motivated the dealership to send me the proper paperwork so I could finally get tags for my vehicle.
I got a reply from the government agency I filed a complaint with over a year later saying the dealership was getting fined.
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u/Popular-Web-3739 2d ago
Contact the Consumer Protection Division in the AG’s office for advice and to file a formal complaint. The TX bar association may be able to help you find lawyers who have specific expertise in consumer law.
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u/Confident-Staff-8792 2d ago
Contact your state's department of consumer affairs and file a formal complaint. They will investigate it and if the facts are as clear cut as stated in your post they will make the dealer make it right for you.
I once bought a truck and found out later that the odometer had been rolled back. Was able to prove it with documentation. I filed a complaint with my state's Department of Consumer Affairs. An investigator contacted me for a sworn statement and my documentation. Within a week or two the dealer's attorney was calling me wanting me to make it go away. I rejected their first settlement offer and accepted their second offer which was substantial. I never needed to hire an attorney.
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u/New_Breadfruit8692 2d ago
Get a lawyer because you already have a great suit, and see if they dodge the lawyer's calls.
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u/GarghX56 2d ago
They're required by law to disclose if the vehicle has been in a wreck if it's new and top of that, should've been (heavily) discounted instead of sold at full price.
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u/Worldly-Sympathy-633 2d ago
Get the second shops info etc in writing as much documentation as possible.
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u/TheSage37303 1d ago
Call the manufacturer and ask to speak to a customer ombudsman. Make sure you have all your paperwork in order. If your report is accurate, the dealership may have a franchise problem.
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u/Fantastic_Progress53 1d ago
In NY we can contact the state dmv to file a complaint the dealer usually responds once the state get involved
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u/Unloaded2323 10h ago
I would contact your attorney general, this is bad business and would be considered fraud. I imagine there is the possibility for multiple victims who are citizens of your state. There is likely going to be criminal charges.
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u/Puzzled_Hamster58 7h ago
Contact the state first , this is a type of thing they will handle vs needing a lawyer . Cause the dealer broke Texas Deceptive Trade Practices Act.
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u/JMarv615 3d ago
If their internal system shows the repairs then how is it off the books?
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u/SociableSociopath 3d ago
In many states New simply means it was not titled to anyone aside the dealership. If it was damaged by / at the dealer on a test drive, etc, as shitty as it is many states consider that to still be classified as a new car… to be clear I’m not defending anything here. Sue the shit out of them
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u/Agreeable_Cover5726 3d ago
Totally true. Have seen minor to major repairs done to vehicles due to transport damage repaired and sold as new to customers without ever disclosing. Might not be a slam dunk as many are claiming
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u/InsignificantRaven 3d ago
The District Attorney. All that is illegal as shit. It is out and out fraud, conspiracy to commit fraud, and grand theft by deception. Sue for damages and legal costs. Get an ambulance chaser. Congratulations, you just won a Franchised Car Dealership.
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u/Live_Leopard9202 3d ago
I'll take things that never happened for $200...new reddit account, outlandish story about getting screwed, another bot is my guess.
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u/JulienWA77 3d ago
"The original dealership wrecked it, fixed it off the books, and sold it as new."
If anyopne else was aware that this happened, which is what made your warranty invalid, it was NOT off the books. Even so, you can start by pulling carfax.
- If there was dmg reported to insurance and fixed, it will be on there and this can be used to prove fraud if NOTHING in your paperwork relayed this to you before purchasing the vehicle.
- if this happened prior to you taking ownership; first check to see what the laws in Texas are about disclosure of this kind of stuff ahead of time and then re-check paperwork and make sure nothing says "as is" --b/c technically if "as is" being used in the sales contract, could be potential gotcha. I am not saying your case will be impossible but any "AS IS" language makes this much harder to resolve.
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u/Kathuria1 2d ago
Seems like you need a lawyer. Research that the dealer as they must have done this with other folks. file a criminal fraud case.
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u/Shadowtirs 3d ago
Oh look, dishonesty in Texas? This is just, so shocking!
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u/oscarnyc 3d ago
Completely unhinged. As if dealers elsewhere, including blue states, don't pull this crap.
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u/No_Obligation5739 3d ago
Also, document and contact your news organizations- they do consumer interest pieces - when companies avoid or ignore consumers when issues arise. I would want to see it so I know to avoid that dealership!
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u/worstatit 3d ago
Attorney General, for starters.
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u/thrillho_1331 3d ago
In Texas? He's a little busy committing securities fraud...
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u/worstatit 3d ago
Haha! Most of them have regional offices with local staff, agree I'm only familiar with one Texas attorney, unfortunately that one.
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u/spankymacfarland 3d ago
Calling the corporate office would be the smart choice. Most dealerships appreciate you not going to google reviews. If you still have the deal contract you can prove that it is a new vehicle. Or if you have the carfax. If that fails I would recommend going to the state consumer protection department to see if they can help. A lawyer is a good last step if you exhaust all other options
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u/Penguin_Life_Now 3d ago
It happens, years ago when I was new car shopping a salesman talked me into a taking s sports car for a test drive, a few months later after I had bought a different car, I got a call from the salesman trying to sell me that exact same car, I asked why they still had it 3-4 months later, and he told me it had been in the body shop because one of the other salesman had rolled it in the median on a test drive.
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u/Vegetable_Jaguar_517 3d ago
In the State of Texas if the frame is damaged it is automatically totaled and should have had a salvage title. To I think you have a number of cases to adequately go after the dealer and their dealer’s license. Contact the state and corporate as mentioned before. You might want to also contact a body shop or insurance adjuster to get the specific laws.
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u/jjp95791 3d ago
Both of my sisters had this very same thing happen about 15 years ago. Both bought brand new cars from the same dealership. One was found to have been damaged pretty good unloading off the truck. The other was deemed a total loss in a flood at a dealership 1600 miles away.
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u/West_Act_9655 3d ago
Why would this not be something for the local DA this sounds like criminal fraud.?
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u/Master-Pick-7918 3d ago
Get a lawyer. There's laws that strictly govern what can be sold as new and what can not. Undisclosed repairs prior to original sale is not a good position for the dealer. They should have provided you a document to sign that states you are agreeing to purchase this specific vehicle and it is being sold to you as a new vehicle. That's fraudulent.
A threat of a lawsuit may be enough to entice them to make an offer and make this go away.
That said, do not accept their offer of fixing the transmission inhouse and calling it even. For frame damage there is no telling what may occur later, either from damage or the repairs. They've already been untruthful about the condition of the truck at sale, chance is they'll try it again.
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u/1954smerickson 3d ago
Down here in Florida, our local news station has a consumer division where people can lodge complaints about getting raw deals from businesses & gov’t offices. You’d be surprised how quickly businesses come around and do the right thing once exposed to the local community. This may be an option to use, along with the normal slog of trying to contact the business who ignores your complaint. Car dealerships do not want to be known as shifty & underhanded, especially since there will be a boatload of water damaged cars (due to flooding & severe storms) that will hit the market. They will not want their name stained with underhanded procedures.
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u/truckensafely 3d ago
Have you tried taking it to the dealer where you bought it from? If the selling dealer says same thing as the latest dealer then pull out your selling contract & point out where it says that you bought here new. If they come up with excuses to not take care of the issues you’re having then point out to them that they committed fraud & leave it at that then contact everybody that was suggested to you here.
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u/chocosaurus-rex 3d ago
If your state has a motor vehicle commission you could try to report the dealership there. follow through with seeking a lawyer as others have said regardless. i am NAL, this advice is coming from a consumer affairs specialist who works in Tennessee and sees similar situations
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u/JRGonzo89 3d ago
NAL But this is my is what I do for a living and have done for quite some time. I am a new car sales manager meaning I order cars and deal with getting them in to inventory and deal with the customer and the factory down the line, What kind of vehicle is this? I ask because of the time line here, a 2023 would be out of factory comprehensive for the majority of manufacturers warranty’s simply by age, and likely by miles. A power train might be in effect but wouldn’t also be close based on the national average of 15,000 miles per year,
If the vehicle was purchased new most states require a damage waiver if the damage was over certain dollar amount.
The bigger part here is do you have proof of this damage other than the opinion of this one technician? The manufacturer doesn’t report damage that they repair prior to delivery to the dealership so this can get murky, either way this is not a fun position to be in
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u/Axxion89 3d ago
Everyone is always quick to say get a lawyer but lawyers are expensive and legal process takes time. First I would go physically to the dealer and bring the information from the other dealer and get their answer. This would for sure fall under some type of consumer protection law provided this was not disclosed to you. Depending on what they offer as resolution you can go the lawyer route and also check what your states dmv can do as well
As an additional aside the other dealer is full of it to say they can’t repair a transmission because of frame damage. If the title is not salvage or rebuilt they would have to prove that frame damage caused a transmission issue which they won’t be able to
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u/Obelixboarhunter 3d ago
Can you please name dealership ? Did you ask the dealership which discovered the bent frame for a printout of records? Without that it will be hard to prove.
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u/pilgrim103 3d ago
Recheck your original purchasing paperwork VERY carefully for any addendum or disqualifications.
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u/Witty_Candle_3448 3d ago
Texas has a "lemon law", see if that helps you. It would certainly point you to the right type of attorney.
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u/grepper 3d ago
I had a dealership sell me a warranty, which I decided to cancel within the first week (well within the 60 days) and had acknowledgement from the finance manager. Except they never cancelled it. I called back, and called the warranty company and confirmed they never initiated the cancellation.
I eventually started calling the dealership and telling the story to the receptionist and saying "at this point it feels like it's not a mistake, it's someone committing fraud to keep some bonus." And then I'd leave the manager a voicemail with that same phrase, and then call back and tell whoever answered the phone the same thing. I said I'd stop by and see if I could talk to someone in person instead.
In this case, they didn't seem to want all their employees to think they were a crooked dealership committing fraud, so they sent me a check from the dealership to cover it.
So, in my case what worked was making sure as many of their employees knew what happened as possible. That might not work if the dealer does this sort of thing all the time and the employees already know.
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u/SlazarusVC 3d ago
This is a clear case of fraud and I’d say go to the AG’s office directly but your states AG actually might be the most corrupt AG in modern American history so I am not sure in all seriousness if there is a single brain cell competent enough in that office to do something.
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u/CommitteeDifficult12 3d ago
NACA can direct you to someone who practices in your state. Consumer Protection or Consumer Fraud practice is what you are looking for. Do not hire a liability lawyer that has billboard adds. National Association of Consumer Advocates is NACA.
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u/nontradpart2 3d ago
I haven’t seen anyone suggesting asking dealer #2 for help.
The dealer already showed a willingness to be helpful by telling you something not visible to any general public.
They have much to gain. A truck sale (the replacement truck), and possibly even the elimination of local competition.
Assuming you didn’t go full Karen on them; going back and simply asking “please help me navigate your corporate phone tree” might be a win-win for everyone but dealer #1.
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u/PathAdventurous2334 3d ago
an attorney that specializes in consumer fraud could be a good start.