Jump to content

Dealer agreed to fix paint blemishes; now refuses


efy

Recommended Posts

Well, this technically is automotive related, but I wasn't sure where else to put it.

Two weeks ago, my better half bought a used 2012 Nissan Maxima from a local Mercedes-Benz/BMW dealership (Myrtle Beach Automotive) here in Myrtle Beach, SC. The car had several scratches, chips and paint dings, and the dealership signed an agreement to have those flaws fixed, free of charge.

We took it to the first appointment for the repairs and picked it up later that day- it was raining, so we couldn't see the paint very well. However, the next day, we got a better look at the paint, and come to find out, they hadn't touched a single scratch, and had only gotten some touch-up paint and filled in a few chips here and there. It wasn't even a decent touch-up job; it looked like my 5-year-old niece got a hold of it with black nail polish- the major ones and the small rock chips on the front. Completely unacceptable.

 

So, we contacted the salesman, who claimed there was nothing more they could do, but agreed to let us bring it back in. Well, some of the scratches were fixed this time, and fixed well. However, the major paint chips weren't touched from the first time.

Upon realizing this, we contacted the general manager of the dealership about the issue, who simply replied that he is satisfied with the job done and that the dealership upheld their obligation.

 

We're now considering going to small claims court to get this resolved.

I have attached photos of exactly what the contract to fix the paint said, and also the major imperfection that is most prominent (the picture isn't great- sorry about the reflections- but it's circled in red). It's about an inch and a half long, and is on the rear passenger-side door. Even with the touch-up, it's visible from a mile away.

What do you all think should be the next step? We've never dealt with anything like this before, so any pointers would be appreciated.

post-26230-0-56587400-1390441463_thumb.jpg

post-26230-0-82564800-1390441472_thumb.jpg

Edited by efy
Link to comment
Share on other sites

You really only have 2 choices at this point. First you'll have to fix it yourself regardless. Then you can either eat the cost and chalk it up to experience (my recommendation) or take them to small claims court for reimbursement. The problem with court is your agreement on what they're supposed to fix and how is too vague, so you'll probably lose provided they did something to try and fix it.

 

In the future, you need to do one of two things:

 

Ask for a discount so you can fix the scratches and dings yourself

 

OR

 

Ask them to fix the scratches BEFORE you make the purchase, and then only agree if you're satisfied with the work.

 

The way you did it left you at their mercy for whatever they decided was sufficient.

 

Now next time buy a new Ford.

Link to comment
Share on other sites

It was a used product from a BMW/Mercedes dealership. Nissan didn't make a dime from us. I actually didn't buy it... as stated in the original post. My better half did.

And about Ford... I'll likely never own another, after all the issues with my Focus. Two transmissions, electronic gimmicks, interior rattles galore... and not even 50k miles.

Link to comment
Share on other sites

You really only have 2 choices at this point. First you'll have to fix it yourself regardless. Then you can either eat the cost and chalk it up to experience (my recommendation) or take them to small claims court for reimbursement. The problem with court is your agreement on what they're supposed to fix and how is too vague, so you'll probably lose provided they did something to try and fix it.

 

In the future, you need to do one of two things:

 

Ask for a discount so you can fix the scratches and dings yourself

 

OR

 

Ask them to fix the scratches BEFORE you make the purchase, and then only agree if you're satisfied with the work.

 

The way you did it left you at their mercy for whatever they decided was sufficient.

 

Now next time buy a new Ford.

"New" is out of the question on either of our budgets; "Ford" may very well be, too, considering the reliability issues I've experienced with both my current and previous Ford.

Edited by efy
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...