Question for an expert

by Guest » Mon Nov 16, 2009 03:27 pm
Guest

A customer's vehicle was repaired with new parts taken from a vehicle of the same model, color, and year sitting on same dealer's lot. The dealer will now have to repair the new undamaged vehicle with oem new parts and paint and install them. Is the dealer under any requirement to disclose that any of these parts are not the original or that repairs have been performed on the new unsold vehicle even though it was not involved in an accident? Are there any requirements that if a certain percentage of value of replacement of parts and labor is reached via repairs that it can no longer be offered as new? I've heard mentioned that 3 percent of msrp is such a figure?

Total Comments: 10

Posted: Mon Nov 16, 2009 09:21 pm Post Subject:

There seem to be two issues here:

1. can the repairer use second hand parts (though these are about as close to new as you can get) to repair a damaged vehicle?

2. Can the new vehicle (no the damaged one) which has had it's parts replaced be sold as new when some of it's parts have been replaced?

In respect of point 1, I can't say for sure, but I would doubt there is any overarching federal legislation governing this, though there could be something at state level.

As for point 2 - if the parts used were OEM (original equipment manufacture?), I don't see why they wouldn't be considered new? If anything they're newer than the rest of the car?

I could understand the concern if parts from an old car were used to replace the ones taken from it, but I don't see the concern if the replacemnt parts are also new.

If the vehicle that was repaired as a result of an insurance claim, then the insurer and repairer probably have some sort of contractual understanding relating to the use of second hand or remanufactured parts and this is probably covered off in the policy wording somewhere.

Hopefully I've understaood the question right?

Btw, your name - Dewey, Cheatum & How (love it btw) sounds like a dodgy as hell law firm - so don't consider this information as a statement of fact - opinion only!

Posted: Tue Nov 17, 2009 01:24 am Post Subject:

Not so much a problem with the vehicle that was damaged getting oem parts off of the donor car. The issue resides with the prospective purchaser of the harvested new car. Would you buy a car that someone had took the original parts from and replaced them without, at least, informing you and making some sort of concession of price reduction. When you purchase new, some of the luster diminishes when you find what you thought was pristene was tampered with.

I have problems with the ethics of the dealership, that promise to use parts for an undamaged vehicle to repair the damaged one and promising not to report it to a vehicle history report company or notifying their insurance company so that the information can be passed on to prospective buyers in the future of either vehicle.

Posted: Tue Nov 17, 2009 05:45 am Post Subject:

If the dealer would repair the new undamaged vehicle with OEM parts then I don't see any problems with that. On the other hand, if he'd not use OEM parts then I guess it makes some difference.

Posted: Tue Nov 17, 2009 12:53 pm Post Subject:

I have problems with the ethics of the dealership, that promise to use parts for an undamaged vehicle to repair the damaged one and promising not to report it to a vehicle history report company or notifying their insurance company so that the information can be passed on to prospective buyers in the future of either vehicle.

Hi Mike :wink: I too have a problem with this...dealership body shop huh? The problem is I see no way on earth for this to be tracked. I doubt there is anything on the books for this...Also did this shop charge the paying party (of the damaged vehicle-ins or self pay) for new oem parts? I'll bet they did and this too is incorrect...since technically the are used parts...also now the brand new vehicle setting out front, has new oem parts put back on it, but they were installed and painted by that shop, not at the factory as would be presented to the prospective buyer..If I were the buyer and found this out I'd have a cow..

If the dealer would repair the new undamaged vehicle with OEM parts then I don't see any problems with that.

I'd still have a problem with this..because they are selling that car (you can bet your bonnet they won't disclose this)..as BRAND NEW from the factory without any repairs...

I'd narc 'em out Mike..

Posted: Tue Nov 17, 2009 02:22 pm Post Subject:

All the auto manufactures, have a body shop that repairs vehicles that are damaged upon assembly before they leave the factory. They don't have to disclose that info to a prospective buyer and the dealership is no exception.
The dealership shop also repairs carrier damaged vehicles (vehicles that are damaged in transit to the dealership), and they are not required to report those instances either. Seriously damaged vehicles, or a certain dollar amount is usually disclosed to a buyer or the vehicle is whole saled or sold to a salvage yard. The types of damages you are afraid of them not disclosing, are really nothing more than part of the QA process.

Posted: Tue Nov 17, 2009 03:43 pm Post Subject:

I worked at a dealership bodyshop in the seventies. A car was wrecked in front of the intersection where I was employed. The sales department brought the bonneville up to the body shop and said "make it look like it's never been wrecked so we can sell it as new"

When we practice to deceive, oh what tangled webs we weave.

In another instance a firebird came in with a spoiler and I was instructed to remove the spoiler, weld the holes up and blend the panels (a taupe silver color). The buyer who special ordered the car was not to know that the spoiler was on when it came in on the truck. Twenty years later, I am repairing the same vehicle for the same guy. I couldn't resist telling him the dirty truth. He vehemently denied that it ever had a spoiler on it, to which I then showed him the holes under the panels that were welded up. He said he sure would have never taken it upon delivery if he had been told.

Posted: Tue Nov 17, 2009 05:22 pm Post Subject:

I worked at a dealership bodyshop in the seventies. A car was wrecked in front of the intersection where I was employed. The sales department brought the bonneville up to the body shop and said "make it look like it's never been wrecked so we can sell it as new"



In the 70's perhaps, but hard to believe that would happen today.

As far as the firebird, that seems like an expensive way to solve a short end problem. Now days, it is just purchasing a new decklid w/o a spoiler or just swapping one out.

Posted: Tue Nov 17, 2009 08:30 pm Post Subject:

As far as the firebird, that seems like an expensive way to solve a short end problem. Now days, it is just purchasing a new decklid w/o a spoiler or just swapping one out.



That model had quater extensions. Firebirds had three holes on each quarter panel the size of a dime. So it was a little more than swapping a deck lid. Their were at least 10 dime size holes on the deck lid. Three panels to paint and match. (about one fourth to one third of the car.

You're missing the point, we're talking about major deception in my opinion. The consumer has every right to know what they buy, how their cars are repaired and why any procedure is refused to be paid to perform in the event of a collision repair.

Posted: Tue Nov 17, 2009 09:30 pm Post Subject:

You're missing the point, we're talking about major deception in my opinion. The consumer has every right to know what they buy, how their cars are repaired and why any procedure is refused to be paid to perform in the event of a collision repair.



No, I am not missing the point. I completely agree that a vehicle owner should be made aware of how and what repair procedures will be performed on their vehicle. In fact a large percentage of my jobs rides on that fact. However, like anything else a consumer cannot rely on someone else and should regard in doing his/her home work on their own property. Sadly, most consumer have the mentality that someone else is looking after them.

In most if not all cases, oral or written disclosure must be made if anything but OEM (new) parts are to be used. Any consumer should ask these questions when before having a vehicle repaired or purchasing one. In many of the dealer sales, often the dealer himself may not know if any repairs have been performed unless by him, before he took delivery of the vehicle. This is a service I provide in my business to a potential buyer if they do not recieve or lack there of, information about prior or post repairs.

Posted: Wed Nov 18, 2009 12:21 am Post Subject:

You're missing the point, we're talking about major deception in my opinion. The consumer has every right to know what they buy, how their cars are repaired and why any procedure is refused to be paid to perform in the event of a collision repair.

I'm with you on this Mike...If I'm paying for a BRAND NEW from the factory, a vehicle, that is presented and sold to me as "PERFECT" ( :roll: ) and without repairs...then I agree it's clearly deceptive, not only that, knowing it was a donor car for the very dealerships body shop that I'm buying it from..."IF" I ever find that out...somebody is going to remember meeting Mama Lori, I guaran-damn-tee it...is sleazy no other way to say it...

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