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IIRC some years ago the BMW importer or dealer in NJ (huge dealer of BMW cars) was found to have repainted a LOT of cars as they were repeatedly damaged during shipment. The re-painting was never disclosed to the buyers, who thought they were buying a 'new' car.
Seems like they were ordered to disclose the 'deception' and compensate the buyers. If the spirit of that agreement holds true, and Kalifornia has a similar law, they your 'crashed' car is indeed damaged goods and you ought to be compensated. HOwever, yu don't own the car, and thus it becomes a murky area which can only be settled by a judge.
Good luck. Rather than drive yourself crazy (and i know i would be crazy if i was driving around in a repaired car, even 'if you couldn't tell') insist on a replacement, turn in the lease (maybe the delaer will forego any penalty if you press him HARD), or grin and bear it for the term of the lease and turn it in at the end and forget about it ever having happened. It isn't YOUR damage, per se, but you have to live with the emotional consequences.
My question involves a consumer law issue in the State of: California.
I leased a brand new 2013 Audi 2 weeks ago, and had an appointment to bring it in to have additions installed (SkyLink and paint treatment) for a later date. I dropped off my car this past Friday morning with it having shy of 700 miles on it. During the course of the day, I got a call back from the dealership and I as informed an employee (or subcontractor company who was working on my car on behalf of the dealership) had hit my brand new car with their car, of course when it was all in their possession. It is not totally wrecked but rather a front left side fender dented and the front left tyre rim is scratched.
They acknowledged it was their responsibility and that they would fix it and not be on my insurance and not my responsibility as they took responsibility of the issue, however, I don't want my car anymore as the value of my car has dropped even more, and of course it now has bad "juju" on it. I simply do not want to pay for the full lease value of a diminished or now lessened value of my car.
Work to repair has not yet commenced, and if they do complete before I agree to anything, is it fair for me to refuse to accept possession of my car until I agree to the resolve for this matter? I am asking as if I had driven my car onto their show lot and I hit one of their brand new cars for sale, then I would be responsible to repair their new car (and of course mine), and because I am in the State of California, is it true that they MUST have a disclosure that their car for sale was involved in an accident and what was done, and amount of damage repaired, of course which would impact the sale price that car? That diminished price is separate from the "drive-off" devaluation of a car once purchased. So if their car were advertised let's say for $50,000.00 and I hit it, and the damage cost $5k, would this mean the car would be revalued less by $5k? Of course it's whatever the purchaser is willing to pay, but in theory is the car worth $45k (before taxes and drive off devaluation)? Can I reasonably ask for that type of diminished value credit or compensation towards my lease?
Even though I already signed the lease paperwork for the car 2 weeks ago and lease payments contract in place, the diminished value of my car should be considered as it really still is a brand new car with less than 700 miles, and that diminished amount is what they need to consider, on top of repairing my car? So, if they won't replace my car for an even exchange for a car, what can I do?
Can I legally demand they give me a cheque for the diminished amount or make payments on my behalf until that amount is reached? I don't want to keep my car now as it's worth less than when I brought it in to the dealership. What are my rights and my entitlements?
What's your take on this and what is reasonable to ask for compensation? It's obviously not a Lemon Law case but are there laws in place to protect consumers, like "buyer's remorse" or other recourse I can do to cancel / nullify the agreement and take possession of another without cost and headache to me?
Right now the car is still in their shop and I told them NOT to begin repairs until we discuss outcome, and they've given me a loaner car to use. And if they complete repairs before I agree, can I refuse to accept the car without breaking any laws or getting sued? What Can I do? Please advise.
Thank you!
Here is the real story most likely, you have buyers remorse. You really don't want the car and it probably has nothing to do with the small amount of damage to it.
You are wrong on this issue and looking for a way out of the car and that is wrong. You leased it.
What you are doing is setting yourself up for lots of problems.
Reasonable compensation is nothing more than getting the car repaired and replacement transportation until the car is fixed.
You are looking to make money off this, evidenced by considering if you can get some money for the damages. You leased the car, you don't own it.
They don't need to do a thing for you except apologize, pay or have the car repaired and provide you with comparable means of transportation while the car is being repaired. Anything more than that and you are gold digging.
Sorry if that sounds harsh but that is how it is. You're forgetting that you don't own the car, the leasing company owns it. So long as you aren't held liable for the damages and any depreciated value for those damages (why you let the leasing company advise you as to where and how to have it fixed) you have nothing coming.
IIRC some years ago the BMW importer or dealer in NJ (huge dealer of BMW cars) was found to have repainted a LOT of cars as they were repeatedly damaged during shipment. The re-painting was never disclosed to the buyers, who thought they were buying a 'new' car.
Seems like they were ordered to disclose the 'deception' and compensate the buyers. If the spirit of that agreement holds true, and Kalifornia has a similar law, they your 'crashed' car is indeed damaged goods and you ought to be compensated. HOwever, yu don't own the car, and thus it becomes a murky area which can only be settled by a judge.
Good luck. Rather than drive yourself crazy (and i know i would be crazy if i was driving around in a repaired car, even 'if you couldn't tell') insist on a replacement, turn in the lease (maybe the delaer will forego any penalty if you press him HARD), or grin and bear it for the term of the lease and turn it in at the end and forget about it ever having happened. It isn't YOUR damage, per se, but you have to live with the emotional consequences.
Emotional consequences? No wonder this world is going down the tubes. It's a car and a leased car at that. The OP doesn't even own the thing, he's leasing it, as in long term rental.
You are entitled to damages IF you own the thing, the OP does not. So long as the leasing company approves the repair and hold him free of depreciated value for the damages he is entitled to nothing other than a loader vehicle while its being repaired.
It is this kind of give me give me attitude that causes problems for everyone else. How does anyone have emotional attachments to something they rent? Please. Time for some perspective here.
It sounds more to me like you want out of the lease?
Quote:
Originally Posted by Brian_M
It's a lease. You don't Own squat, you're just renting it. The "value" is of no concern to you because it's not your property.
Like Suncc49, it seems to me as if you're just trying to get out the lease for no real reason.
I agree with Suncc and Brian . . . smells like a little "Buyer's Remorse" here?
On the flip side . . . of course you are entitled and expected to very carefully inspect the repairs after completion to be certain they were done perfectly.
Getting out of a lease and it not cost you plenty is almost impossible to do. That is why there is so much small print in the lease agreement you sign.
While my vehicle was at the dealership getting an oil change, someone employed by that dealership damaged my vehicle. (This wasn't a lease; I owned it.) You think you were mad? You should have seen me in the waiting room.
Legally, all they are required to do is repair the vehicle to its original condition prior to the damage.
I never returned to this particular dealership and ended up trading my vehicle for another brand. I did mention about the side panel being damaged by the other dealer and this new place could really care less, as long as the damage was repaired. They said "they did what they were supposed to do."
If they won't give you a different car, take the repaired one. It only hurts for awhile.
Thanks everyone for your kind postings / response / feedback.
I am not trying to get out of the Lease for the sake of getting out of it... I would only get out of it to get a new car again. I love my car... it's my 2nd Audi in 2 years... I just don't think it's fair or right that I must pay the amount that it no longer is worth.
Houstan-Dan is right... I was thinking about purchasing this car after the lease, but not now.
As for bad "juju" well my opinion it does have it, so whether or not you believe, well that's just not really any issue.. it's my choice and I believe that it is a bad sign... anyways, I am reasonable. I am not expecting an exact free trade for a new car for my damaged Audi, but within reason, I am willing to work with them and get some fair trade or way to work it out, that's all, but just to have it fixed, that's not good enough. Again, if the car had been damaged before I signed the lease, the amount of the contract would have been less.
I am speaking with them this week, and will keep you posted.
And oh, Mack Knife - You are totally wrong! I am not emotionally tied to this thing. It's only a car. It's about the numbers. I am not going to quibble over only a $50,000 car. When I lived overseas as an expatriate, my 5 Series BMW cost me over US$250,000 due to import duties and such, and if I ever wanted to get out of any car loan or situation, it would have been then. I can see from where you are coming, but I am not flinching due to emotion. I am angry but it's just a numbers game.
What will happen if when you turn it in they try to charge YOU extra depreciation because it has been damaged? I dont trust any of them.
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