Need advice: Car damaged on dealership lot - who's liable? - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Ozy_Flame · 06-04-2010, 01:03 PM

Hi guys, just want some opinions. I bought a car on Monday, and I was supposed to pick it up tomorrow (Saturday morning). They called me today and said they found some damage on the fender while they were detailing it, and it was likely due to someone bumping the car while it was parked on the lot.

Now the question is - who is liable for this sort of thing? I haven't even touched it since I put my deposit on it, it happened on their property and it was in their care for the week. They said they are willing to discuss "concessions" about this, but I don't see what concessions are to be made - they need to fix it, at no expense to me.

Anyone have any experience with issues like these? Hopefully the CP braintrust can provide some sound advice

old-fart · 06-04-2010, 01:06 PM

If you haven't taken possession of it yet, it's not your car. They are totally on the hook for the damages and the concessions should be to compensate you for your time and energy as you will likely be unable to pick up the car tomorrow.

But IANAL.

mykalberta · 06-04-2010, 01:07 PM

The didnt offer to fix it?

IMO your deposit is for an undamaged vehicle unless you are willing to take what they are offering. IMO if they offer $200 off, dont take less than double it.

valo403 · 06-04-2010, 01:26 PM

No idea if the law in your jurisdiction has been altered, but under the Uniform Commercial Code risk of loss (which includes damage) remains with a merchant seller until physical posession is taken. They aren't obligated to repair, but you can avoid the contract or go through with it and take concessions to account for the damage.

Like I said, things may have been altered a bit wherever you are, and your contract may have some sort of waiver provision, but that's a broad overview of the law.

DOK · 06-04-2010, 01:30 PM

When you buy a car, you go over it and look for any issues like this. Looks like they caught this before you guys had a chance to go over it. This should all be negotiated before possession, so sounds like they are just getting to the punch. I'm impressed that they called and are brining it up when they could just as easily ignore it and hope you don't notice.

I'd ask how much to fix it and tell them that's what you'd like done. If you look at it and it's not that bad, you can always ask for the fixing price off the total that your going to pay. In circumstances like this they will let you off the hook (but leaving you without a car as well) if your not happy at pick up time with what you've got. I can see why they are offering something, but not being specific. It's worth a check to see how it looks and another mechanic check to make sure it wasn't a big bump that could have jammed something up inside (those things can hide and pop up months later without looking that bad).

Pinner · 06-04-2010, 01:33 PM

I would think they are fixing it at their cost and considering something extra for your inconvenience. At least they better be!

burn_this_city · 06-04-2010, 01:37 PM

If its a fairly common car ask for a different one. No sense buying brand new if its already damaged.

Ozy_Flame · 06-04-2010, 01:44 PM

Quote:

Originally Posted by DOK

When you buy a car, you go over it and look for any issues like this. Looks like they caught this before you guys had a chance to go over it.

We went over it before I put the deposit on it. I only left it with them for the week so they could do a full detail and put on the micro-film on the front of the car to protect from rock chips. Other than that, it was in mint condition.

This most certainly did not happen before I looked at it; we looked at the entire car inside and out for damages beforehand, and found none.

burn_baby_burn · 06-04-2010, 02:01 PM

The deposit is the scary thing. You might have a tough time getting that back if you can't come to a resolution for the damage to the car.

Prototype · 06-04-2010, 02:28 PM

Pardon the pun, but nobody is ever in the driver's seat when it comes to dealing with car dealerships... you're right to be questioning what happens next, cause they're going to try and get you to agree to pay for some of it... And if you do, it's your own damn fault.

If you've done the inspection, and this is new, and you haven't taken possession, logically... it's their fault, but Car Dealerships rarely work on logic, unless they are benifiting.

Calgary '89 · 06-04-2010, 02:30 PM

What dealership is it thats effing around here?

The Yen Man · 06-04-2010, 02:35 PM

I say make a stand about them paying for it. I mean, the car is under their care, so it should be them who are responsible for it. You haven't even driven it yet, and it's aready damaged? I'd be pretty choked as is already. If they made me pay for it, I'd be downright pissed if I were you. If they don't agree to pay to fix it, tell them you'll make sure the head office knows, and you'll be going to the media about it.

GreatWhiteEbola · 06-04-2010, 02:43 PM

Even if you did own the car, and it was in their care for whatever reason, they should be liable. If they have the keys, its their fault. IMO, and I would fight based on that.

JustAnotherGuy · 06-04-2010, 02:44 PM

What ever you do do not accept anything less than them fixing it completely. I once accepted $100 off some furniture because they had some slight damage when it was delivered. I cursed that bad decision every day for the 10 years we had that furniture.

chemgear · 06-04-2010, 02:46 PM

You could always suggest to them that you can take it up with something like the Consumer Watch on CFCN or something. I'm sure they'll love to have their dealership out there in the press for "taking care of their customers."

Sample00 · 06-04-2010, 02:53 PM

Quote:

Originally Posted by Prototype

Pardon the pun, but nobody is ever in the driver's seat when it comes to dealing with car dealerships... you're right to be questioning what happens next, cause they're going to try and get you to agree to pay for some of it... And if you do, it's your own damn fault.

If you've done the inspection, and this is new, and you haven't taken possession, logically... it's their fault, but Car Dealerships rarely work on logic, unless they are benifiting.

a 2 minute penalty for you for unsportsmanlike conduct and a 10 minute misconduct!

if this happened at our dealership, we'd be taking care of that for you. You didnt even take possession of the car. How can they even begin to have you accept liability for this. Makes no sense to me at all.

Ozy_Flame · 06-04-2010, 03:00 PM

Thanks for the feedback guys, and your suggestions to make a stink about it are pretty much what I'll be doing - I'm not going to be paying a dime, and "concessions" aren't good enough. I fully expect to solve this though, I don't expect them to put up much of a fight. I don't want it to turn nasty by any means if it doesn't have to.

And for those wondering, it's a German company. You can draw your own conclusions.

Ironhorse · 06-04-2010, 03:14 PM

Quote:

Originally Posted by Ozy_Flame

And for those wondering, it's a German company. You can draw your own conclusions.

A German company that happens to be in the NW part of the city by chance?

DOK · 06-04-2010, 03:41 PM

wow, everyone is up in arms over this! How CP of you all

I'd wait to see what they are offering. Maybe they are willing to get you a new car and want to make sure your ok with the wait? Like I said, the fact that they brought it up says to me that they are up front with what's happened. They aren't avoiding the fact it happened in their possession or on their property. Not sure why going to the media would benefit. What would you say? "They told me they bumped my bumper on their lot and offered me something" doesn't seem to tasty for prime time to me.

Anyways, it could go south or it could go well. I'd just go in knowing what I want to have happen and see what goes from there. Being reasonable and rational will only help in getting this fixed in a hurry! Good luck!

DOK · 06-04-2010, 03:43 PM

Quote:

Originally Posted by Ozy_Flame

We went over it before I put the deposit on it. I only left it with them for the week so they could do a full detail and put on the micro-film on the front of the car to protect from rock chips. Other than that, it was in mint condition.

This most certainly did not happen before I looked at it; we looked at the entire car inside and out for damages beforehand, and found none.

To me this sounds like they almost need to go back and do another review for damages on the car. Clearly, something happened. Basically, if something like this was on the car prior there would be some sort of offer to you in that situation, it's just happened later that's all. You should be clearly offered to get your deposit back because this isn't the car you agreed to, at their acknowledgment.