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Dealer LIED to me about 05 GT - need advice!


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Got it last Tuesday from the local Subaru dealer - beautiful black 05 with 13000 miles. It runs and drives exactly like the new one I drove. Interior is spotless save for a few very minor rattles they all seem to have. The salesperson assured me it had never been in an accident, and the Carfax was clean.

 

Well, I was admiring it in my garage tonight and I noticed a dull spot on the front bumper - on closer inspection I saw signs that the bumper had been masked and repainted. It appears that this car was hit on the driver's side in what looks like a fairly minor fender bender, and repaired. Leading edge of the front fender doesn't fit flush with the headlight; gap between the plastic bumper and the fender is a little off. And by "little" I mean 1/8".

 

When I bought it I asked the salesperson POINT BLANK if it had ever been in a wreck, and she said no - in fact she was a little indignant about it.

 

Honestly, if some sorority chick had bought this car, she'd be thrilled with it and she'd never notice this. It took me five days before I noticed. It's minor. But dammit, I paid for a car that had never been wrecked, and I'm pissed.

 

What can I do about this? Monday I'm going to a body shop to have them verify in writing that it's had bodywork done. Obviously I'm going to approach the dealer after that. What should I ask for to make this right? What would YOU do?

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Request they find a replacement car that hasnt been wrecked or give me my money back so I can find one that hasnt been wrecked at a DIFFERENT dealership. I wouldnt be nice to them once you have proof that it has been wrecked and poorly repaired.
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A couple things:

 

It's entierly possible that the dealership did not know the car had been in an accident. CarFax is notoriously inaccurate. I had a vehicle that was hit twice in the 7 years I owned it. Both accidents were reported and filed with my insurance company and they never showed up on a CF report. If they use CF to validate their cars, the information they give their customers is only as good as they were able to collect from third parties. And you KNOW the previous owner didn't pony up that information come trade in time :D

 

After that, to a certain extent a judge is going to look you in the eye and say "Caveat Emptor". A used car purchase is always a crap shoot, even with all of these "Certified" programs. If the sticker on the window said "As Is", unfortunatly it was your responsibility to make sure the car wasn't in an accident before you bought it. Had they present the car through documents as being pristine and advertised it on the sticker as such, then you'd have some ammo. As much as it sucks, as far as the salesperson went it was a good faith mistake. Look at all of the documents you got and see what they say.

 

How many miles have you put on the car? Get your paperwork together, pay a body shop to inspect the car and state where it was hit and what was done (if they can tell) and sit down with the salesmanager. It's entierly possible that they would like to keep your buisness and would take the car back and find you a replacement. However, there is no guaranteee that the new car hasn't been hit also...

 

Good luck. It's a tough spot and I don't envy you. Be polite and don't storm in there with a bad attitude. And don't mention the words "lawyer", "court", "lawsuit", or "judgement". The conversation will end right there and you will lose.

 

Sorry man. I know it's not what you wanted to hear :(

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I know a new car can be an emotional thing, but maybe the front bumper was repaired due to a problem from shipping or a scrape in the service bay or dealer lot. They may not consider it an accident (of the "traffic accident" variety) and certainly not a wreck.

 

If you're concerned and feel you might take action, you should get a trusted bodyshop to inspect it for extent of damage and quality of repair. Then make up your mind.

 

As you said, the thing drives and feels like new. Sometimes it doesn't get better than that. You don't have an incessant pull, stinky clutch, oil burning, etc. that annoys some that had bought brand-new cars. Enjoy it.

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Keep in mind also, that if something happens to a car before it is invoiced to the dealer, that is while it is still the manufacturer's property, no discolsure is required. It is more of an issue with cars that are not produced domestically due to overseas shipment exposing the car to more damage.

 

For example, your new Ferrari (just an example) gets whacked coming out of its shipping container. It hasn't been invoiced to the dealer, so the manufacturer's port facility (which has a full body shop on site) repairs the damage. As it is still in the posession of the manufacturer, any work done is considered part of the production process (let's call it quality control). I have seen new cars, coming off the transport, with repainted panels, replaced windshields, and more. The dealer is typically invoiced when the car leaves on a truck for the dealership, so the dealer pays for the car before they ever see it.

 

Obviously, with a used car, the situation has more variables, but just something to keep in mind when looking at any car, new or used.

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Lots of great advice here - thanks! Answers to a few Q's:

 

- I've put about 100 miles on the car.

- Though it's possible the salesperson didn't know it had been hit, whoever took the car in trade would very likely have known. When i've traded in cars in the past, the salesmen have always been able to spot things like this very quickly. I'm perfectly willing to accept this as a good-faith mistake if that's what it was however. The fact remains that the salesperson specifically said this car had never been wrecked, and I don't think I would have bought it if it had - or at least not at that price.

- This was not an as-is deal.

- This is the second car I've bought from them, and I've been a good customer, and I'm a pretty nice guy.

- It is a very good car and this doesn't really detract from my enjoyment of it....but I'm concerned that it WILL detract from the car's value if I trade or sell it.

 

I know a body shop that does much better work than the people who did this repair. I bet it wouldn't take more than a few hundred bucks to line everything up correctly and buff the dull spots out of the paint. They could probably get it indistinguishable from new. Maybe I'll just try to get the dealership to spring for that and call it good.

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I work in a body shop and from my experience in handling dealership accounts, we always repaired "transpo-damage". There were times when we also repaired damage that occured in their service dept. And then there was the occasional bump on the lot (lot damage) that occurs inevitably when you have that many cars stored so close together. So chances are, especially from the described dull spot, that it was something of that nature. Usually a noticeable dull spot can indicate a "spot-paint" job. I know for a fact that some dealerships have mobile bumper repair companies that actually (illegally in most areas) come repair and paint light bumper damage on the lot, without even removing the bumper from the car or putting it in a spray booth.

 

My suggestion is next time you buy a used car, instead of asking about an accident, reword your question and ask if they know of any prior paint or bodywork. Then if you discover something that wasn't disclosed, you might have a better chance of recovery. Other than that, pay the $75-100 for a 3rd party pre-sale inspection if you don't feel confident enough in your own capabilities to detect those types of things. Good luck and post up in here when you have more info.

If you can read this, you're following too close.

 

 

Click Me

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I'll take it into the body shop on Monday and go to the dealer when I get something on paper - and post again when something develops.

 

Slightly OT: Now that I've taken a really close look I'm impressed with the quality of the bodywork on this car. Minus the obvious exception, the panels have nice uniform gaps and blend smoothly into one another. Weatherstripping and trim are very well done. It's good stuff. Paint could be better but it's not any worse than the other cars in this class, and the color is gorgeous. The car looks expensive and elegant.

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I know a body shop that does much better work than the people who did this repair. I bet it wouldn't take more than a few hundred bucks to line everything up correctly and buff the dull spots out of the paint. They could probably get it indistinguishable from new. Maybe I'll just try to get the dealership to spring for that and call it good.

 

That's what I was thinking. It sounds like the only problem is cosmetic, so maybe you can get the dealer to make good on getting it repaired right. If necessary, you could write to the owner of the dealership, and to SOA. Other people on this forum have gotten positive results from contacting SOA. Don't forget to mention that you are a member of LegacyGT.com, a large and active Legacy owner's association on the internet.

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Unless you have it in writing that there was no damage then it is going to be your word against theirs. I've worked in the legal system for awhile and that is always the way it turns out when you are dealing with high dollar transactions. Good customer service would require for them to reevaluate the value of the car and refund you the difference, but I really wouldn't hold out for that. And actually, knowing the fit and finish on the Legacy, it is entirely possible that this is how the car came from the factory. I've got a couple places on my car where it looks like someone who didn't know how to paint was doing the job. The paintjob is my #1 complaint about this car. Not that it is a deal breaker or anything, but the paint is definitely substandard. I would expect getting hit and being repaired would actually be an improvement over what Subaru gave me.

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Got it last Tuesday from the local Subaru dealer - beautiful black 05 with 13000 miles. It runs and drives exactly like the new one I drove. Interior is spotless save for a few very minor rattles they all seem to have. The ...

 

...I'm going to a body shop to have them verify in writing that it's had bodywork done. Obviously I'm going to approach the dealer after that. What should I ask for to make this right? What would YOU do?

 

Did the salesman you talked to look like this guy:

 

http://redeyes.ru/chapter1/ch1smileys/smiley.gif

 

If so, you really aren't a good judge of character. You should have moved on.

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Staying on your off-topic, I notice that the panel gaps are uniform, but not very tight all around--certainly not to the current best-in-class levels of fit. Door gaps are gaping.

 

Given the frameless windows, is there anything special that needs to be done to keep the rubber seals in good working order? Silicon, rubber protectant, anything?

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Staying on your off-topic, I notice that the panel gaps are uniform, but not very tight all around--certainly not to the current best-in-class levels of fit. Door gaps are gaping.

 

I noticed that too....I was very happy to see that the Tribeca has a very tight fit. Dang you Subaru and your BABY STEPS

 

*Shakes fist in mild fury and then goes for a fun drive

[sIGPIC][/sIGPIC]

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like the other guy said car fax isnt the greatest, i just sold my old car and got a legacy gt and my old car would have passed a car fax report BUT i hit a gaurd rail and had it fixed, i backed into a freinds truck and had it fixed and never filed anything so it technically was never in an accident..... your best bet is to do what you said and get a quote and ask the dealership if they would be willing to pay it
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Sounds very minor and there is a good possibility the salesperson was not aware of it. Don't overreact. If you like the car, and you can live with it as is, and ESPECIALLY IF IT DOES NOT STUTTER, keep it but go back to someone who you can talk to at the dealership and point it out and explain that you are not happy that it was not disclosed. Explain that you are a repeat customer and expect to be treated evenhandedly.

 

And...enjoy the car.

05 SWP Legacy GT Limited (aka "Pearl")- 5MT AP - Stage 2 Protuned (238/284) - wife driven

07 BMW 335xi

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Sounds very minor and there is a good possibility the salesperson was not aware of it. Don't overreact. If you like the car, and you can live with it as is, and ESPECIALLY IF IT DOES NOT STUTTER, keep it but go back to someone who you can talk to at the dealership and point it out and explain that you are not happy that it was not disclosed. Explain that you are a repeat customer and expect to be treated evenhandedly.

 

And...enjoy the car.

 

Ahhh, the voice of reason. :)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

But what fun is being resonable. :D

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