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

  • Hi Guest, welcome to the help forum. You can get fast answers to your customer service questions here. We have a dedicated team of advocates who are ready to help. Just go to the section that matches your question and ask us!
  • If you've posted a question or issue for our advocates to assist with, please be sure to check back frequently for responses and requests for clarification.
  • Did you know you can get email notifications when something new posts to your favorite forum? It's easy. Just click the "watch" link right next to the "post new thread" button at the top of your favorite forum. The rest is easy. Now you'll never miss another conversation.
  • Want to become an expert user? Drop by the How to use this forum section and all will be revealed. We'll show you how to make the most of your experience.

kenish

Sep 1, 2015
1,146
2,129
113
KSNA
@J4say707 You live in CA and Kia's US headquarters are in Orange County. I'm not a legal expert but there may be a way for CA consumer law to apply. I don't know about MT, but as you probably know here in CA the Bill of Sale must clearly show whether the vehicle is New or Used, and in the latter case whether there's a warranty or it's an "As-Is" sale.
 
Jun 24, 2019
970
2,062
93
73
@J4say707 You live in CA and Kia's US headquarters are in Orange County. I'm not a legal expert but there may be a way for CA consumer law to apply. I don't know about MT, but as you probably know here in CA the Bill of Sale must clearly show whether the vehicle is New or Used, and in the latter case whether there's a warranty or it's an "As-Is" sale.
A dealer probably cannot sell a new vehicle as-is as that probably violates the KIa franchise agreement. Auto manufactuers want to be able to fix minor defects, and they have statutory permission to do so as long as the repair does not exceed X; not including some things that can simply be replaced with OEM parts, like tires and wheels. Read the Supreme Court's opinion in BMW v. Gore, it provides a good description of what the policy is. (Gore is a Dr. Gore from Alabama, and not the former Vice-President.)

Our OP says this car was definitely sold as new; with that much damage my guess is that the sale violated the franchise agreement and may have violated Montana law. I think a consultation with a Montana lawyer who handles lemon law cases would be useful to identify OP's legal rights. And a complaint to Kia ought to generate some interest by the manufacturer because a dealer who does this is shifting future repair costs to the manufactuerer under the warranty.

Whether the car sale comes under California law is more difficult. Our OP went to Montana to buy this car. On the other hand, the dealer probably knows OP's addess and the dealder may have avoided Montana sales taxes and Montana DMV fees by reporting that the sale was to an out-of-state purchaser. A Montana lawyer could advise, and the sale documents may illuminate this issue.
 
Mar 18, 2021
31
5
8
41
A dealer probably cannot sell a new vehicle as-is as that probably violates the KIa franchise agreement. Auto manufactuers want to be able to fix minor defects, and they have statutory permission to do so as long as the repair does not exceed X; not including some things that can simply be replaced with OEM parts, like tires and wheels. Read the Supreme Court's opinion in BMW v. Gore, it provides a good description of what the policy is. (Gore is a Dr. Gore from Alabama, and not the former Vice-President.)

Our OP says this car was definitely sold as new; with that much damage my guess is that the sale violated the franchise agreement and may have violated Montana law. I think a consultation with a Montana lawyer who handles lemon law cases would be useful to identify OP's legal rights. And a complaint to Kia ought to generate some interest by the manufacturer because a dealer who does this is shifting future repair costs to the manufactuerer under the warranty.

Whether the car sale comes under California law is more difficult. Our OP went to Montana to buy this car. On the other hand, the dealer probably knows OP's addess and the dealder may have avoided Montana sales taxes and Montana DMV fees by reporting that the sale was to an out-of-state purchaser. A Montana lawyer could advise, and the sale documents may illuminate this issue.
Yes I bought as New 100%. I think they were trying to cover their butts somehow with the as is. But also messed when I had the write rim damage. I paid Montana taxes while I was there. I paid the California tax difference when I returned to register the car. I just got off the phone with them. Not sure of her position there, must be their "muscle" or something. She was brutal. Honestly one of the worst conversations of my life. They were telling me how I wouldn't want to pay $450 an hour for a lawyer and I should just take the money or they'll take the car. As bad I have 3 hours to make a decision or the money is off the table. I haven't signed anything. But just copy paste what she previously wer wrote. Here is what I agreed to: Yes , please move forward to the amount of $7000.00 towards the loan of my vehicle, and $1000.00 toward any additional repairs you may have paid out of pocket. Jeremy xxxxx. My previous email stated this:It would be 7,000 for my time and trouble. Plus the additional cost of the current repairs and costs that were performed recently,correct? The vehicle buy back , does that not include the payments I have already made? I also spent money on oil changes, the ceramic coating , clear bra. As well as 700 on other parts to install on the car. I believe XXXX said with the buy back I got back whatever I put into the car. So I would be even. I am just trying to weigh out the two options that XXXX talked about.
 
Mar 18, 2021
31
5
8
41
Yes your right. I'm super upset right now just woke up can't sleep this is depressing. I'm having some what of a tough time finding one. I found one it's 225 for a consultation. Problem is also I'm in California. If this happened out here I think I would have a much easier time finding one. I never had to hire an attorney before either so this is all new to me. This lady was so mean. None of this was any fault of my own. Thanks for listening. I'm so grateful for everyone on here. I might try and find out if I can file criminal charges as well. Everything about this is so wrong. These are bad people they shouldn't being doing business like this.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
25,519
27,960
113
New York
www.promalvacations.com
This might help you from the Secretary of State in Montana:


Please note #5

(5) represent that a motor vehicle has not sustained substantial structural or skin damage unless such statement is made in good faith and unless such vehicle has been inspected by the dealer, his agent or representative to determine whether or not such vehicle has incurred such damage in the past;

If it were me, I think I would send this information to the dealer and then contact the Secretary of State there and find out what you can do.

Have you tried calling Kia Headquarters at the numbers we have? The executives might change but phone numbers should still work.

We have an attorney that sometimes posts here. Perhaps he will see this and give you some ideas.
 

VoR61

Jan 6, 2015
3,996
6,102
113
the United States
As I understand your latest update:
  • They gave you 3 hours to make a decision or "the money is off the table"
  • You then "agreed" to $7,000 for plus the additional cost of the current repairs and costs that were performed recently
  • You have asked them if "with the buy back I get back whatever I put into the car"
After that you have stated that you "might try and find out if I can file criminal charges as well".

Only you can decide how much additional time and stress to invest in to see them chastened and/or punished (put out of business). From personal experience I can say that the pursuit of "justice" must be weighed carefully against the personal cost. Speaking for myself, I would be grateful to be made whole and devote my time to a healthy future.

Once a month or two has passed, if you still believe that corrective action is really/u] needed, report your experience to the Montana AG. This costs you nothing except time, and they may indeed take corrective action. Whatever you decide, wait at least 30 days after receipt of their check.

On a final note, I would expect a letter from them accompanying the check that indicates this is a "final settlement". If so, that may or may not hold in a court of law, but it is something for you to weigh carefully.
 
Mar 18, 2021
31
5
8
41
This might help you from the Secretary of State in Montana:


Please note #5

(5) represent that a motor vehicle has not sustained substantial structural or skin damage unless such statement is made in good faith and unless such vehicle has been inspected by the dealer, his agent or representative to determine whether or not such vehicle has incurred such damage in the past;

If it were me, I think I would send this information to the dealer and then contact the Secretary of State there and find out what you can do.

Have you tried calling Kia Headquarters at the numbers we have? The executives might change but phone numbers should still work.

We have an attorney that sometimes posts here. Perhaps he will see this and give you some ideas.
I am going to try KIA headquarters in a little bit here. But I think there customer service is closed of the weekends. I really like that #5 on your notes as well. I think these are all really great options I will pursue. It's definitely a point in the right direction. I used elliot.org once before, a dealership did some bad work also on a fairly new vehicle. I used the contacts list on here to get to the higher ups. I just asked for minimum they gave me a decent amount of extra. And this situation is far worse than that. Never tried the forum before. This is so helpful to me.
 
Mar 18, 2021
31
5
8
41
As I understand your latest update:
  • They gave you 3 hours to make a decision or "the money is off the table"
  • You then "agreed" to $7,000 for plus the additional cost of the current repairs and costs that were performed recently
  • You have asked them if "with the buy back I get back whatever I put into the car"
After that you have stated that you "might try and find out if I can file criminal charges as well".

Only you can decide how much additional time and stress to invest in to see them chastened and/or punished (put out of business). From personal experience I can say that the pursuit of "justice" must be weighed carefully against the personal cost. Speaking for myself, I would be grateful to be made whole and devote my time to a healthy future.

Once a month or two has passed, if you still believe that corrective action is really/u] needed, report your experience to the Montana AG. This costs you nothing except time, and they may indeed take corrective action. Whatever you decide, wait at least 30 days after receipt of their check.

On a final note, I would expect a letter from them accompanying the check that indicates this is a "final settlement". If so, that may or may not hold in a court of law, but it is something for you to weigh carefully.
Yes. You are correct. I know I am a bit back and forth. I normally I would say I would take their money and feel happy to be whole. But I do not feel whole. I still feel like I got played, not once,but twice . Why should I show any mercy onto to people that try to take advantage of people. I will also feel guilt if I do not speak up and they swindle the next guy. The company I work for if I do something wrong, I and the company right for the customer. Even if we have to take a financial hit. We are all here to provide a service to one another in some shape or form. I believe people lose sight of that and just see green. I like to see the satisfaction of my customers happy as well as see green for the company. Win/win
 
  • Like
Reactions: krisseye
Feb 21, 2018
269
744
93
59
I think the very first indication that something was amiss should have been the 'as is' part of the sales agreement. I can't think of any brand new car that doesn't come with some sort of warranty. I truly hope the OP is able to get satisfaction here, and that the signature on documents with the words 'as is' don't trip things up.
 
Mar 18, 2021
31
5
8
41
I think the very first indication that something was amiss should have been the 'as is' part of the sales agreement. I can't think of any brand new car that doesn't come with some sort of warranty. I truly hope the OP is able to get satisfaction here, and that the signature on documents with the words 'as is' don't trip things up.

I'm trying to load the as is