In Victoria the Trade Practices Act would cover this. From memory s71 deals with merchantable quality. In essence (provided this is not a purchase for business use) the car must be merchantable quality. For example, if you went to a car yard and they had hail damaged cars and they sold you a car at a discounted rate because of the damage, then it is merchantable in the circumstances.
If you purchase a new car and paid a price reflecting this, then you were provided with a hail damaged car (regardless of repair) you would argue that the car is not merchantable quality in the circumstances.
I am not sure what similar laws would apply in WA, but as already stated I would want to confirm that the car was not damaged and repaired before taking delivery. I vaguely remember a case where a new car was purchased and there was some damage done prior to delivery. The dealer repaired it. It was later discovered (some time later) and it was argued that it was not a new vehicle. This argument failed as the car had no prior owner and therefore was a new vehicle. The argument should have been that the car was not merchantable quality.
Note: this is from a vague memory so don't take this as advice by any means, I just hope it helps you on the right path.
good luck and GOLF IT UP!
EmuExport,
My wife is in exactly the same position, same dealer, the car was prepped ready for delivery, and then the hail came!!
Can you give me a call 041 709 3497 ASAP - as two of us working together is going to be better than acting alone.
Key issues:
- our salesman has been cagey, wouldn't confirm "our" car had been damaged, and has sent an email saying they'll get back to us after the insurance assessor has had a look (why would they want to look at an undamaged car?!). I think he has been primed by the insurer / lawyer as to what he should and shouldn't say, as he seems to have studiously avoided saying "we'll get back to you after its been repaired". I suspect he knows he's on the backfoot if he admits that (see the Options below - and my comment that you should locate "your" car and get photos, and make sure the dealer knows that you know...and have photos to prove - its damaged);
- based on my look around the front yard of the OP dealer, and at the holding yard, this morning - it seems materially ALL are damaged, not "a small percentage" as per the dealer's email
- get yourself down to the holding yard (AND TAKE A CAMERA!) at the back of Lynford Ford dealership in OP (further along ScaBchRd, under the freeway, on the left), as thats where they have been moving them this morning - said to be so can be assessed by insurer (again, they have studiously avoided saying "and repaired"!!). I had a nose around both this morning, as couldn't get a straight answer to "was it damaged?" from our salesman (so, like you, assumed it HAD been) and was concerned about the extent of the damage - and therefore the extent of the repair required.
- Can drive into the Lynford yard in working hours (easier going around the back - turn left 2 buildings after Lynford's and follow the service road around), no-one questions you. Look around for the colour / spec of "your" car. Handy if you know the stock number. Amber, the stockcontroller / receptionist at the dealer, might give it to you. The Stock Number sticker is on the bottom corner driver-side of the windscreen. The VWs (are also other brands) are all parked together, plus a few round the back of the car-wash shed, towards the very back on the left (as you're looking out at the service road).
- Some are pretty badly dented, some (incl "ours") aren't so bad.
- If you can't find "your car", ask for Ian in the big shed at the back (where they prep the cars for delivery, you'll know it when you see it) - he seems to be the supervisor of that area, was very helpful and honest, incl looking up the Stock Number against my name and going with me to find it (confirmed for me that the only one in "our" colour in the yard, that I had already found, was in fact "ours").
- In terms of repairabilty he though the PaintlessDingRepair man would fix it up easily and well - however he did comment that the top coat of paint ("gel coat"? can't recall the words he used) is often compromised, but "we polish that up" (thats a BIG "however" and very very useful when it comes to whether the car is "new" anymore!)
- I have spoken to a very good contact in the trade (big dealership, works on pre-delivery so knows all about the situation with ding repairs / damaged stock). He said we are in a good position esp as we can show the current vehicle is damaged (something the dealer seems keen to never admit). My contact said our options were
1) dealer fixes the dings, looks good, you're happy, take delivery
2) they fix it, you don't want a "damage-repair" as its not 'new', decline delivery (even if the repair looks good), tell them you want a new one. As you say, worth calling DOCEP and RAC beforhand so can quote to the dealer what they said, as I don't think the dealer will take this lyig down (BTW I'd suggest getting hold of the Stock Number and VIN number of the current "your" car, to make sure they don't try to blindside you and pass the same car off as "another one"). I don't know what the delivery times / locations are on getting another one - from over East, or Germany?. I note that the standard contract shows they deal is off if they can't deliver within 3 months.
3) Interstingly, my contact said the dealers are covered not just for damage repair but also loss of value in having to sell off these "damage-repair" cars. It seems to me, from what he was saying, that if we don't take delivery, the dealer will have to flog it off into the market, presumably masking its history by selling as "ex-demo" (and at a discount)? So my contact suggested a buyer could go in VERY HARD for a renegotiated price on the car. My contact reckoned the dealer loses nothing, as covered by insurance, so could be keen on a deal (after checking with the insurer, presumably?). Again, I suspect this option would have to be pulled out of the dealer with a crow-bar...
Our car is for my wife, who emotionally wants a "new car" (never driven, perfect etc) and she wants Option 2.
Personally I'd think a minimum of $4k (ie 10%), and probably $5k, would be necessary for me (if the car was for me, which it isn't...so just a hypothetical!) to take on the current car, even if the repair was immaculate.
Anyway, give me a call.
Well, if I would be expecting the delivery of the new car that was in OZ when we had the hails I would be arming myself with something similar to this: http://www.autopaintgauge.com.au/ and had my eyes really peeled when before paying for the car!
Also remember that the cars can be shifted to other states!![]()
Last edited by Transporter; 24-03-2010 at 11:47 PM.
Performance Tunes from $850Wrecking RS OCTAVIA 2 Link
Latest is that AAMI are going to give me a cash settlement for my tsi, and I should have that by next week.
Now to start the bargaining all over again!
~Nic~
Deep Black Mark VI Comfortline 118 tsi - manual/sports pack, MDI
Nic,
Can I ask how extensive the damage was? Like you said the car looks ok in the pictures.
Don't most insurance want to know a car has been hail damaged/repair?
It could quite easily void any future claims if you don't declare it!
My advice - don't accept the car until you find out from your insurance company what the deal is with insuring hail damaged cars. If it has been damaged then the dealer should be offering you the option to cancel the order or be given a significant discount.
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