New KIA Stinger vehicle purchase. Car was in a collision that was not disclosed prior to purchase

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Mar 18, 2021
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I purchased a NEW KIA 2020 Stinger Indigo edition, very limited model with 55 in the U.S. I searched everywhere.Took me so long to find what I thought was the right one. I live in California. I found one in Montana. They said that they had scratched the rim, and when they get the new rim back i could come buy.This is all documented through email. When I went and bought it I signed an "as is" . I found it strange. But I had them state on the "As is" rim damage only. Because the only thing disclosed to me before than was the damaged rim. A couple months after purchasing and driving the car I noticed it started drifting to the left while driving. I took it to my local kia. They said the wrong tire was put on where they replaced the rim. The next day took it back it was still drifting to the left. They put it up on the rack, and said they did more than replaced rim. They put in some clips and pins that were missing and performed an alignment. Said there was nothing else they could do. That I should take it to a collision center. I took it , to a collision center. They worked on it,they said it was the best they could do by performing an alignment and swapping left to right tires. It still pulls to the left. While all of this was going on. The kia dealership where I purchased the car, I was going back and forth through texting with was trying to string me along never giving me all the information I was trying to get concerning the damage they did that I was trying to request of what actually happened to this car. They had to come clean because they left a Billings Montana sticker on one of the parts they changed out. They finally gave me the insurance report of the damages that were done. It totalled 9,000 dollars. As well as a picture of the accident. I believe they also finally gave it to me because they were trying to offer me 7,000 to basically go away. But I told them I'm not taking money until you give me that report. So they had to. I They These people have lied from the get go. They show no remorse. They aren't sorry. I don't think they understand why I'm upset. I'm upset because they lied. They never wanted to say that this car was in an accident. It's supposed to be a brand new car. I love this car. I'm very attached to it and sad for it. I dont know what to do. Should I take 13k? Go to corporate? Get a lawyer? I don't really know where to go from here. Any advice? These people committed fraud. Conspiracy fraud. I don't know but they are very bad people
 
Dec 19, 2014
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Oh dear....

Ultimately.... what do you feel is the proper recourse?
Do you want the dealer to buy back the car at your purchase price? or do you want to keep the car and take a settlement to account for the diminished value?

You may need an attorney that is familiar with the laws and regulations in Montana (where you purchased the car) to determine what your rights are.

But, I am curious.... did you purchase this as a NEW car? or a USED car? When you were offered the contract stating the car is being sold "as is", that should have been the red flag to say run away. If this was a USED car purchase, why didn't you have the car inspected? What circumstances did the accident occur and who was the owner at the time of the accident?

So, even though you may have been blinded by the purchase of the car and failed to do due diligence, the dealer may still have violated consumer laws. That's why without knowing more details, you may just need a lawyer.
 
Jun 24, 2019
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That’s the reason I asked who owned the car at the time of the collision.

We don’t provide legal advice here, and I’m not a Montana lawyer. But, generally, a car which has been sold and the sale recorded (usually in an ROS book - report of sale) which generates the obligation of the dealer to pay sales taxes and DMV fees, is not now nor never can be new, even if the buyer returns it the very next day.

You need to figure out what you want. What is the value of this car in new condition and what is the value with repaired $9,000 damage?

Elsewhere on this site we have Kia contacts. Kia may indeed be interested in what its dealer did. But if this is a USED car and was sold as is, Kia may have less of an interest.
 
Feb 16, 2018
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Vehicles are damaged all of the time at or between the factory and the dealership. These damages are often repaired and the vehicle can still be sold as "new" because it has never been previously titled. You should try and find out what the laws in Montana are regarding this practice. Some states have a certain threshold that has to be met before a requirement to disclose to the buyer.
 
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VoR61

Jan 6, 2015
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the United States
Suggestion
You may wish to report this to the Attorney General of Montana using the information provided in the following links

Resolving Complaints
composing and sending effective emails
Montana AG
restrict your content to 500 words or less​

When you write - be polite. Do not accuse them of lying or fraud, or state that they have no remorse and are "very bad people". Present the facts and allow the AG office to investigate and draw their own conclusions.

EXAMPLE
"I am writing to you today because my efforts to resolve an issue with customer service have been unsuccessful. Here are the details:
  • I purchased a new KIA 2020 Stinger Indigo from _________ in _________ Montana
  • The only thing disclosed to me before purchase was that they had damaged one of the rims
  • Several months later I noticed the car was drifting to the left while driving and had it checked at ________ Kia in _______
  • They found that _______ had installed some missing clips and pins, had also performed an alignment, and recommended I take it to a collision center
  • That center performed an alignment and swapped left to right tires, stating this was the best they could do
  • The dealership in ____________ then provided the insurance report of the damages that were done, which totaled $9,000 dollars
  • They have offered $7,000 but given the extent of the damage, I believe it is appropriate to receive a full refund as the vehicle is not drivable
I would very much appreciate your assistance in obtaining a full refund from ___________"
 
Mar 18, 2021
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Vehicles are damaged all of the time at or between the factory and the dealership. These damages are often repaired and the vehicle can still be sold as "new" because it has never been previously titled. You should try and find out what the laws in Montana are regarding this practice. Some states have a certain threshold that has to be met before a requirement to disclose to the buyer.
 
Mar 18, 2021
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This was more like they were driving carelessly. They sent me a picture of the accident. The problem is they didn't tell me before I purchased the car. Now it is affecting the drivability of this vehicle
 
Mar 18, 2021
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Did you pull a Car Fax report before you bought? If there was a collision, that might have been discovered if you had pulled a report.

But if you agreed to buy “as is”, I’m not sure you have recourse. You should speak to an attorney.
Who pulls a carfax on a new car. I guess I will from now on..Ha. I signed as is , but had them write damaged rim. Not left front overhaul.
 
Mar 18, 2021
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I want to say Thank You to everyone for all of your feedback on here. It makes me so happy so many people are writing back. It's extremely helpful. I am very grateful for all of your help
 
Jun 24, 2019
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There are laws in some states about what must be disclosed about damage to a new car before it is sold. I do not know what the law is in Montana. A good initial discussion of this will be found in the Supreme Court case of BMW v. Gore. You can find a story and a link on Wikipedia. If Montana has a law similar to other states, this amount of damage would have needed to be disclosed, and it is probably Kia’s policy that it be disclosed. Perhaps under their policy or under Montana law the car could not even be sold as new.

All this leads me to believe that you need to consult a Montana lawyer to find out your rights.
 
Mar 18, 2021
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If this was a new purchase, you. absolutely should contact Kia executives. It seems to me this would be fraud on the part of the dealership.
Yes I was trying to use the contacts listed on elliot.org. But the emails keep sending back to me from the postmaster. The emails are not working for me. At the same time it's hard to turn down 7k. I'm okay financially. I am not desperate for it or anything. But they did a lot of wrong here. There were only 55 of these in the United States. I am heartbroken. This was a 40,000 dollar car. Thanks again for all your help and time
 

jsn55

Verified Member
Dec 26, 2014
10,823
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San Francisco
I purchased a NEW KIA 2020 Stinger Indigo edition, very limited model with 55 in the U.S. I searched everywhere.Took me so long to find what I thought was the right one. I live in California. I found one in Montana. They said that they had scratched the rim, and when they get the new rim back i could come buy.This is all documented through email. When I went and bought it I signed an "as is" . I found it strange. But I had them state on the "As is" rim damage only. Because the only thing disclosed to me before than was the damaged rim. A couple months after purchasing and driving the car I noticed it started drifting to the left while driving. I took it to my local kia. They said the wrong tire was put on where they replaced the rim. The next day took it back it was still drifting to the left. They put it up on the rack, and said they did more than replaced rim. They put in some clips and pins that were missing and performed an alignment. Said there was nothing else they could do. That I should take it to a collision center. I took it , to a collision center. They worked on it,they said it was the best they could do by performing an alignment and swapping left to right tires. It still pulls to the left. While all of this was going on. The kia dealership where I purchased the car, I was going back and forth through texting with was trying to string me along never giving me all the information I was trying to get concerning the damage they did that I was trying to request of what actually happened to this car. They had to come clean because they left a Billings Montana sticker on one of the parts they changed out. They finally gave me the insurance report of the damages that were done. It totalled 9,000 dollars. As well as a picture of the accident. I believe they also finally gave it to me because they were trying to offer me 7,000 to basically go away. But I told them I'm not taking money until you give me that report. So they had to. I They These people have lied from the get go. They show no remorse. They aren't sorry. I don't think they understand why I'm upset. I'm upset because they lied. They never wanted to say that this car was in an accident. It's supposed to be a brand new car. I love this car. I'm very attached to it and sad for it. I dont know what to do. Should I take 13k? Go to corporate? Get a lawyer? I don't really know where to go from here. Any advice? These people committed fraud. Conspiracy fraud. I don't know but they are very bad people
J4, there's an old saying "If their lips are moving, they're lying" usually referred to another profession but far too often true for car dealers. I gotta say that yours is one of the most interesting problems I've encountered on this forum. I know exactly how you feel about the car. I drove a Lincoln Navigator for 13 years; ten of those years I would have to disconnect the battery if I left him at SFO for a week. Only in the winter, only if it was rainy and cold. I kept a little wrench in my console with a long string in case I dropped it into the engine. My husband thought I was nuts, but I loved that truck.

So I see this as the crux of your problem ... keep the car or try to return it and get your money back, if that's even possible. My colleagues have given you lots of valuable information and guidance.

My advice is to make an appointment with the Service Manager at your local dealership. It's my experience that not all dealerships are sneaky and conniving, just most of them. And the actual service guys are not the problem, it's management/sales. Bring some doughnuts, sit down with the SM, explain the problem and ask for his advice. Find an independent mechanic and do the same. Be organized and concise, these guys are busy and their time is money.

Ask them what they would advise their sister or brother to do about this car ... love it or leave it. Be very clear that you just want them to tell you what THEY would do in your situation. You're not asking for any favors or guarantees, just a little professional insight. The car is unique and too new to have any kind of track record, but based on the testing and diagnoses you've received, a professional should be able to give an opinion. Very best of luck, and please keep us posted.
 
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