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If you mean they won't sign, simple - they sign it before I sign or the deals off. If you mean that the dealer didn't do the inspection and signed - they just committed fraud.
What a joke. A smart dealer would just decline to do business with you. You just aren't worth the headache.
Alabama is very litigious state. I don't remember all the details but a guy here won a multimillion dollar suit because his BMW had been painted on even though that had been disclosed to him. I think psychological trauma was one of his complaints.
What a joke. A smart dealer would just decline to do business with you. You just aren't worth the headache.
Alabama is very litigious state. I don't remember all the details but a guy here won a multimillion dollar suit because his BMW had been painted on even though that had been disclosed to him. I think psychological trauma was one of his complaints.
BMW v. Gore. Went all the to the Supreme Court. It's the defining case for limitations on punitive damages.
Also, yes. All the dealerships I know would simply walk away from anyone who tried to force in a clause like that, as dealing with that type of person is not worth the risk.
Thanks for all of the replies. Well I was out scouting the area today and checking out the damage. MANY of these cars will not be repaired (according to a salesman I asked). Our local Honda/Nissan/Suzuki/Mazda dealership (all in one location) were hit severely. EVERY CAR on the lot has at least 2 shattered windows, windshields busted, HUGE dents all over, its bad! This dealer has about 800 cars on the lot, all destroyed!!!
Up the road at the local Ford/Hyundai/Volvo dealership, its bad too, shattered windows, dents, etc, as well as the surrounding used car lots in the area.
In between, near downtown our local Mitsubishi/Kia/VW dealer got away with dents on tops of the cars, pretty bad, but no broken windows.
West and northwest side of town, our local Cadillac/Chevrolet dealer / Chrysler/Dodge/Jeep dealer / Toyota dealer (by itself) were not hit with damaging hail. I didnt see any dents on any those cars.
The salesman at Honda when I went in to get a sales book said that it would be at least 2 weeks before they could sell a car, as they had to wait for the insurance adjusters to come. He said they would be selling them AS-IS at huge discounts. I would not mind having some that didnt get the interiors exposed to the rain/water coming in, but many have shattered side and back windshields. Its a sad scene.
We were lucky here, we have dented cars at our house, but nothing like they got up there. There were confirmed local tornadoes and I have heard around 24 people dead in the metro area within a 50 mile radius. Keeping those families in my thoughts and prayers.
I used to work at a dealership that paid for the awnings to cover their cars. We kept a huge amount of cars on the ground....about 2000 - 2500. The awnings cost somewhere around $2.5M but the owner saved it back in insurance costs within just a couple of year for precisely this reason.
When I posted this last night, I did not know the damage would be this extreme. These cars were hammered.
ALL of the new Nissan Altimas that were facing west have about 5 or 6 places where it looks like you took a hammer to the windshields! These cars are not just dinged up, they have deep dents and shattered windows.
BMW v. Gore. Went all the to the Supreme Court. It's the defining case for limitations on punitive damages.
Also, yes. All the dealerships I know would simply walk away from anyone who tried to force in a clause like that, as dealing with that type of person is not worth the risk.
Ah yes thanks. So the guy wasn't informed but the car had been repainted by the manufacturer and the dealer supposedly did not know. Still a clause like that is just inviting a law suit down the line. Would most certainly pass on that deal.
Ah yes thanks. So the guy wasn't informed but the car had been repainted by the manufacturer and the dealer supposedly did not know. Still a clause like that is just inviting a law suit down the line. Would most certainly pass on that deal.
Pilgrim's clause would have no effect whatsoever in case of any troubles. It's just to make him feel better.
And the BMW case was that, at the time, if a car was damaged but the damage was less than 3% of the value of the car, BMW fixed it up and sent it to dealerships, who may or may not have known about the damage. In the case, the actual damage was only like $4,000 or so, but the jury award something like $4M in punitive damages. It was silly.
Yeah, they do and if the paint check isn't uniform - you just bought a reduced value new vehicle. The dealer is representing a new vehicle sale, if you want to role the dice on it by not requiring the check - go for it.
Well it really doesn't matter if they sign your piece of paper or not, I seriously doubt it would hold up in a court. Let's break it down:
The Sellor attests and certifies that this new vehicle has not required any repairs, paint touch-up, replaced body parts or related work of any kind by any party.
One can only swear/certify to something that they have direct knowledge of. It is perfectly reasonable that the dealer may not have any knowledge of repairs that were conducted on the vehicle prior to them taking delivery of it. Therefore, this "certification" does not hold the dealer liable for anything unless they were selling you as new a car that was damaged during their ownership and they had direct knowledge of the damage and repair.
The Sellor warrants that they have specifically inspected this vehicle to industry standards for the purpose of this certification.
This last part actually cancels out everything entirely. You are citing "industry standards", well what are the "industry standards"? Industry standards would be that depending on the extent of the damage the vehicle would be repaired and sold as new with no disclosure unless required by state law. That is the industry standard.
The reason people sign your piece of paper is that it's completely worthless and doesn't hold them liable for anything. Now, I'm willing to bet if you started adding in specific clauses about factory standard paint depth and original factory unaltered sheet metal, you wouldn't be buying many cars as no one would sign it.
We don't hardly ever get hail danage but dealers get hail danaged cars and sell them at large discounts for monor damage. If a dealer gets caught sellg a car that was danaged and repaired without telling the buyer ;he can be sued for selling it has new undamaged. Had a freind that won such a suit on other damage.
If you are right this would explain why dealers ship cars to other dealers all the time. One dealer fixes the problems and trades it to another who then can deny any knowledge of what might have happened if it is discovered. A friend almost bought a car being sold as like new with only 3 k on it and the dealer couldn't explain why several of the front wheel liner bolts were missing..(those bolts don't just fall out).They had just got the car from another dealer too....
"NJGOAT: The Sellor warrants that they have specifically inspected this vehicle to industry standards for the purpose of this certification.
This last part actually cancels out everything entirely. You are citing "industry standards", well what are the "industry standards"? Industry standards would be that depending on the extent of the damage the vehicle would be repaired and sold as new with no disclosure unless required by state law. That is the industry standard.
The reason people sign your piece of paper is that it's completely worthless and doesn't hold them liable for anything. Now, I'm willing to bet if you started adding in specific clauses about factory standard paint depth and original factory unaltered sheet metal, you wouldn't be buying many cars as no one would sign it."
The industry standard refers to the common vehicle inspection practices used to assess whether a vehicle has been damaged/repaired, i.e., visual inspection and the paint meter used by the auto industry to appraise vehicles.
As to its legal usefulness, I'll trust the opinion of my lawyer SIL who works for a major firm that has a large consumer protection practice. He thought it was pretty good, though had nothing to do with its creation.
Please - feel free to ignore it.
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