G35 Coupe V35 2003 - 07 Discussion about the 1st Generation V35 G35 Coupe

Frame Damage

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Old May 13, 2007 | 01:09 PM
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From: SanJeezzy408
Angry Frame Damage

Hey wassup fellow G35Drivers...

So I just found out that my coupe has frame damage from the previous owner. The dealer that I bought this from did not disclose this to me. If a car has frame damage would it be considered salavaged? Also, can I put up a law suit against the dealer I purchased my coupe from?

Any feed back is appreciative...Thanks!
 
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Old May 13, 2007 | 01:44 PM
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i think you are lost on this one. if you had the car for no more then 3 days, take it back.

if this isn't a certified used car, then ur lost. u were suppose to ask all the questions, and have it expected.

the seller isn't suppose to tell you anything. thats what car fax is for.
 
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Old May 13, 2007 | 02:18 PM
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in TX, if you do not disclose such a damage, they will have to buy the car back from you no matter how long you've had it...call the dealership and tell them your new finding and tell them they didn't disclose this to you....

we had a similar situation with a customer on a 350Z we sold. We TOLD him the car's been damage, yet after year and half to 2 years later, he came back saying that he didn't know about the damage, and so we had to trade him out of that car and bought it back for what he bought it for...

I dunno what the law is where you're at, so you may wanna check on that...
 

Last edited by MeetJoeAsian; May 13, 2007 at 02:20 PM.
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Old May 13, 2007 | 03:33 PM
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first off, each state is different. Your first course of action is to determine what your state laws are. Second, you have to check your paperwork and see if you signed an arbitration agreement or an "As-is" statement. If you have signed either or both, you may be SOL. But as always, refer to your local laws pertaining disclosure of damage.

(BTW, I'm a Finance Manager for a dealership in Florida, hope I helped)
 
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Old May 13, 2007 | 07:35 PM
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it's crap. take it back or get a lawyer.
 
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Old May 13, 2007 | 07:37 PM
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if bought from a legitimate dealership it was probably CPO so any missed exposure of that information is negligence.

doesn't matter what you signed, any half assed lawyer can help you get the money back.
 
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Old May 13, 2007 | 07:49 PM
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Thanks for all of your feed backs. I definitley want to do something about this but I will research further to my back my self up. Also, it was an Infiniti Dealership in CA. where I got the car from. I definitely remember asking them if it the car had gotten into an accident and they confiently said "no"...

Thanks again for all of your help!
 
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Old May 13, 2007 | 10:24 PM
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Originally Posted by verbal assassin

if this isn't a certified used car, then ur lost. u were suppose to ask all the questions, and have it expected.

"expected" LOL!
 
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Old May 13, 2007 | 11:44 PM
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Originally Posted by RC914
Thanks for all of your feed backs. I definitley want to do something about this but I will research further to my back my self up. Also, it was an Infiniti Dealership in CA. where I got the car from. I definitely remember asking them if it the car had gotten into an accident and they confiently said "no"...

Thanks again for all of your help!
they misrepresented the product therefore any papers you signed dealing with the contract can be voided under civil law. got any lawyer friends? call them up and have them write you a stern letter to the dealer and have an signed and notarized affidavit from the "expert" who said it had frame damage. worse comes to worse you can take it to the BBB and local court.
 
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Old May 13, 2007 | 11:47 PM
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Originally Posted by verbal assassin
i think you are lost on this one. if you had the car for no more then 3 days, take it back.

if this isn't a certified used car, then ur lost. u were suppose to ask all the questions, and have it expected.

the seller isn't suppose to tell you anything. thats what car fax is for.
false, proper presentation is required by uniform commercial code.

if you hold something back and/or lie about it then contract can be voided especially if one party is damaged by witholding that information.
 
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Old May 14, 2007 | 12:38 AM
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Originally Posted by Nissanfan84
first off, each state is different. Your first course of action is to determine what your state laws are. Second, you have to check your paperwork and see if you signed an arbitration agreement or an "As-is" statement. If you have signed either or both, you may be SOL. But as always, refer to your local laws pertaining disclosure of damage.

(BTW, I'm a Finance Manager for a dealership in Florida, hope I helped)
"As-is" form is not always binding...if they fail to disclose or mislead you in something this big, selling a salvaged vehicle as a clear title vehicle, you DO have a leg to stand on....again, check with the law in your state....I'm a sales manager at a dealership in Houston, TX and we had a similar case happened to us a few months ago...we had to buy back the vehicle from the customer and wholesaled it...
 
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Old May 14, 2007 | 12:55 AM
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Originally Posted by civic4982
it's crap. take it back or get a lawyer.
what he said!!!!
 
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Old May 14, 2007 | 05:03 PM
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From: SanJeezzy408
Originally Posted by Nissanfan84
first off, each state is different. Your first course of action is to determine what your state laws are. Second, you have to check your paperwork and see if you signed an arbitration agreement or an "As-is" statement. If you have signed either or both, you may be SOL. But as always, refer to your local laws pertaining disclosure of damage.

(BTW, I'm a Finance Manager for a dealership in Florida, hope I helped)
So here's what I found on CA. Laws Vehicle codes:

VEHICLE CODE
SECTION 9990-9993


9990. For purposes of this chapter, damage sustained by a motor
vehicle is material under any of the following circumstances:
(a) The damage required repairs having a value, including parts
and labor calculated at the repairer's cost, exceeding 3 percent of
the manufacturer's suggested retail price of the vehicle or five
hundred dollars ($500), whichever is greater. The replacement of
damaged or stolen components, excluding the cost of repainting or
refinishing those components, if replaced by the installation of new
original manufacturer's equipment, parts, or accessories that are
bolted or otherwise attached as a unit to the vehicle, including, but
not limited to, the hood, bumpers, fenders, mechanical parts,
instrument panels, moldings, glass, tires, wheels, and electronic
instruments, shall be excluded from the damage calculation, except
that any damage having a cumulative repair or replacement value which
exceeds 10 percent of the manufacturer's suggested retail price of
the vehicle shall be deemed material.
(b) The damage was to the frame or drive train of the motor
vehicle.
(c) The damage occurred in connection with a theft of the entire
vehicle.
(d) The damage was to the suspension of the vehicle requiring
repairs other than wheel balancing or alignment.



9991. Every dealer shall disclose in writing to the purchaser of a
new or previously unregistered motor vehicle, prior to entering into
a contract for the vehicle or, if unknown at that time, prior to
delivery of the vehicle, any material damage known by the dealer to
have been sustained by the vehicle and subsequently repaired.





9992. Every dealer shall disclose in writing to the purchaser of a
new or previously unregistered motor vehicle, prior to entering into
a contract for the vehicle or, if unknown at that time, prior to
delivery of the vehicle, any damage, including, but not limited to,
material damage, known by the dealer to have been sustained by the
vehicle and not repaired.



9993. Nothing in this chapter permits any dealer to respond to the
inquiry of a purchaser in any untrue or misleading manner.


For an FYI the dealer did not put anything in writing that there was frame damage what so ever. Would this be a legitimate document to take the car back to the dealer?
 

Last edited by RC914; May 14, 2007 at 05:06 PM.
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Old May 14, 2007 | 05:14 PM
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which dealership was this?
 
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Old May 14, 2007 | 05:32 PM
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your best bet is to go back to that dealership and ask to speak to the GSM (if they have one) or the GM...that's the only way you will know which course to take...
 
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