Bought used malibu, it was in accident, but...

t_h_x1138

Where do I begin. Ok, we bought a used 2000 Malibu LS back at the end of Jan 2001. About 3-4 weeks ago, I noticed our front right headlight didn't quite look right, it just didn't fit with the body right. You could easily glance at it, and never notice it, unless you compared it with the left one. So I told my wife to take it in, and get it fixed under waranty. Note the dealer we took it to, was not the one that sold us the car. So the dealer finally has an opening for their loaner car, and she took it in yesterday. They take a look at it, and said "ah we can't/won't fix that, this car has been in an accident, and someone botched the body work" Doh!!!!! First, for the record, it wasn't us! Second this car was sold to us as a GM certified used, isn't the GM certified used stamp of approval supposed to mean something? Anyway, now what do we do? As a related story, sort of. My sister and her husband had bought a van last year sometime, and they later found out it had been totaled at some point. So after a bit of a strugle they got back their down payment plus every single cent they had paid upto that point for the van, and the van went back to the dealership, in other words they got free use of that van for 6months or so. They then took all that money and put it down on another van. So, ya our car probably wasn't totaled like my sisters was, but what should we expect from this situation? Getting it fixed, doesn't seem enough to me, on the other hand our downpayment and car payments back and returning the car to the dealer seems to much. But then I would like to know what you guys/gals think? And any suggestions on what to do? BTW, we contacted the dealer that sold us the car, and they are going to have the used sales manager call us today.

Mr_Shiftright

I think it depends on the extent of the damage. If the fender was crunched and badly repaired, that's no big deal, and I think the dealer should correct that. The selling dealer's obligations are spelled out in their certification policy, so you need to read that. I agree that the dealer is't obligated to repair the headlight under warranty if he wasn't the dealer who sold you the car. If he is the seller, than I feel he is obligated, but it still won't be under warranty. It's not the factory's fault.

I'm a little puzzled about how your sister could buy a totalled vehicle, as it would have to be sold as a salvage. It's no wonder, if this is true, that the dealer took the car back...that would be a very solid case of fraud, and it's too bad your sister didn't sue.

I also don't see why you wouldn't be content with having the car fixed properly, as long as the car looked as good as new. The dealer is not under obligation to disclose minor body repair, so you have no case there....but of course, severe damage is another matter. Your DMV could probably tell you what the dealer is obligated to reveal. But no, he does not have to tell you if the fender was dented and repaired. This is so common that it would be unrealistic to force everyone to reveal every little ding and dent repair.

t_h_x1138

"I'm a little puzzled about how your sister could buy a totalled vehicle, as it would have to be sold as a salvage." Ya, in that case the dealer came back to her and said, ooops, that is a salvaged vechicle/tittle, it was a tittle that slipped thru the cracks somewhere, ya I guess she was lucky the dealer fessed up after they found out. Her van, looked brand new errr "used", so form outwards apperiences it looked great.

As far as my car, we will see what the dealer says/does.

t_h_x1138

Hmmm, Chevy says that my car was not a GM certified used. But that is how the dealership sold it to me as...not sure which one I am more frustrated at, the car having body work that was botched or my dealer bait and switching me...my feathers are ruffled!!!!

Mr_Shiftright

Sneaky little weasel, wasn't he? Hmmm.....well, look, all that counts is that you get the car fixed up properly. If you can arrive at that point, I think that's a reasonable goal for this situation at this point. I'm sure the contract is all in the dealer's favor and there's no mention of Certification on it.....but hey, look it all over and see if anything stands out that you can hang your hat on.

t_h_x1138

Dang it, I knew I should have taken off my hat that fateful day........BTW, my hat reads "sucker" And the back of my shirt reads "Kick me!".

But don't the bait and switch laws, cover my sorry little butt?

Mr_Shiftright

Well, I don't know, Im not an attorney. If they advertised a car that was non-existant and you could prove that, possibly. Otherwise, whatever is on your contract is probably what the law will support. You'd need to prove fraud, and that's not easy. You can always consult an attorney and sometimes a demand letter from an attorney dislodges a dealer's reluctance to help you.