Car dealer not doing what they promised

[Punkinpoo1972]

Jurisdiction

Ohio

We bought a car that had a ding in door and paint chip on another door. The dealer agreed to fix this. All in service agreement. They Took it to vendor who fixed door badly. I.E over spray on whole car now chipped the window ballyfeather striping crooked stork marks from buffering on whole vehicle. They took it twice. Same result. Now they took to 2nd service shop still not fixed. And paint job 20xs worse with swirling.
Mind u out of 34 days we have owned this brand new vehicle it had been in our possession 11 of those days. We just want out of the sale. They said that's not possible once a bank gets involved.

What is our rights.

 

[army judge]

We bought a car that had a ding in door and paint chip on another door. The dealer agreed to fix this. All in service agreement. They Took it to vendor who fixed door badly. I.E over spray on whole car now chipped the window ballyfeather striping crooked stork marks from buffering on whole vehicle. They took it twice. Same result. Now they took to 2nd service shop still not fixed. And paint job 20xs worse with swirling.
Mind u out of 34 days we have owned this brand new vehicle it had been in our possession 11 of those days. We just want out of the sale. They said that's not possible once a bank gets involved.

What is our rights.

Your rights are few.
Why?
You accepted the car with flaws/defects/flaws.
You then relied upon dealer's alleged promises to "fix" the car.
If you have a theory of your claim, it probably lies somewhere along the lines that repairs were not sufficient to properly repair the defects.

Your remedy lies in a court room.
You'll have to sue the dealer in small claims court in an attempt to seek a judgment for whatever damages you are out of pocket, ASSUMING you can PROVE to the satisfaction of a judge in training that you've been flimflammed or bamboozled.

If the judge doesn't agree, or you fail to convince her you're right, you take nothing, and get to keep your "repaired" car.

Its much harder to do than it is type.
.

 

[adjusterjack]

What is our rights.

I agree with Army Judge that you are stuck with the car and your only remedy is based on the dealer's written agreement to "fix" the condition of the car.

You have no further obligation to allow the dealer to continue his attempts since he already screwed it up twice.

I suggest you take the car to an independent, quality, collision/paint shop and get a written estimate for what it will take to properly repair and repaint the car.

Then you can sue the dealer if he won't pay for the repair/repaint.

Unfortunately, Ohio small claims court limits your case to $3000 and allows attorneys:

http://www.ohiojudges.org/Document.ashx?DocGuid=7ccff07a-9c2c-4671-b10f-845072444576

PS: You should never have bought the car that way in the first place, at least not without a significant discount to take it as is.

 

[txls]

It is possible that they could let you out of the sale, but they are just not going to. Have you tried to speak with the dealer or general manager? Most new car dealerships are pretty sensitive to getting a bad factory survey or bad reviews. I agree that your best bet is to get an estimated from the body shop of your choice and try to get the dealership to pay that estimate. Then if it is not repaired properly, it is between you and your body shop.

 

[Highwayman]

We bought a car that had a ding in door and paint chip on another door.

Shame on you then. The time for the dealer to repair those items is PRIOR to sale.

I never would have purchased a BRAND NEW car that required body work.