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 believe I have everything I need just need the right lawyer. Not sure what
I hate to say it but there is no way I would have accepted that car with the statement they gave you of a used car with used crossed out and new written in. This screams of wrongdoing.

Please contact the Montana Secretary of State Monday but you might really need an attorney because you signed those documents.
Yes I should've walked. They only ever talked about about a scratched rim. You see the written handwriting stating damaged rim on the as is. Ya, this sucks. Well we'll see what happens. Thank you for all you time and help.
 
Mar 18, 2021
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Around 600. I know a lot for a new car. But it wasn't uncommon for that model. A lot of
Dealerships had miles on theirs. it was a rare model and I think they were showing them off.
 
Mar 18, 2021
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Thanks for all you help . I'll post you with the end results. All of this has been so helpful. Seriously it has. If you have any other ideas please let me know. But for now I don't want to trouble anyone any further. Thank you
 

Neil Maley

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Dec 27, 2014
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600 miles? That’s not really a new car. This just gets tougher.

If it were me, I’d pay for a CarFax report on the car. Was this car driven from one dealer to another?

Here is information on what’s considered a new car:

“Ultimately, how many miles is too many for a new car depends on your preferences and the car's price. It's fair for you to expect that your new car will come with no more than 10 miles on it, and if your car arrives with 190 miles on the odometer, you have the right to refuse delivery.

No new car will have zero miles, though. Even those that have barely been driven will have at least five or six, simply from being transported. However, if the odometer shows over 100 miles, you might want to reconsider the purchase, as it's either been used frequently for test drives or it's been driven on the highway during the transfer from one dealership to another.”

 
Mar 18, 2021
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600 miles? That’s not really a new car. This just gets tougher.

If it were me, I’d pay for a CarFax report on the car. Was this car driven from one dealer to another?

Here is information on what’s considered a new car:

“Ultimately, how many miles is too many for a new car depends on your preferences and the car's price. It's fair for you to expect that your new car will come with no more than 10 miles on it, and if your car arrives with 190 miles on the odometer, you have the right to refuse delivery.

No new car will have zero miles, though. Even those that have barely been driven will have at least five or six, simply from being transported. However, if the odometer shows over 100 miles, you might want to reconsider the purchase, as it's either been used frequently for test drives or it's been driven on the highway during the transfer from one dealership to another.”

There was quite a few with even more miles. Well over a thousand in some cases. What I got out of other dealerships was that the owners were using them to demonstrate or I guess show them off. This is Kia's flagship model and most exclusive trim. 500 in the world 50 in north America. Special paint. Interior color headliner, and rims. I read that article as well before i purchased. It still is considered new i believe it was around 1750 i dont remember exactly by law definition. I believe my best options are to get in contact with someone high up at KIA. Somebody as well as KIA finance. Attorney general. Speak with a lawyer. But still on the fence about signing that check. I think they were panicking. I lost my opportunity to purchase a new car of that model. They took this away from me. I spent 4,000 on this car already give or take just on extra things for her. I love her and it breaks my heart. It's not all about the money. It's about my dream car, IE one that I could afford being tainted. Will she ever drive the same? Am I going to have to get an alignment done every month? Curious about the insurance claim as well. I think their shop fixed it. Did they take shortcuts and not do everything thing they said they did? I wouldn't put it past them
 
Dec 19, 2014
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@J4say707
I think we all agree that there was malfeasance on behalf of the dealer. But I also think your case is now beyond consumer advocacy and you will need a lawyer.

But, I'm still struggling to understand what YOUR DESIRED OUTCOME is...
1) Do you want to keep the car, and receive a financial settlement to account for the diminished value and your out of pocket expenses? <OR>
2) Do you want the dealer to buy back the car and walk away from the deal, with reimbursement of your out of pocket expenses.

Even if fraud proven on behalf of the dealer, the question that an attorney needs to answer is: are you entitled to liquidated damages? That is the fundamental question that an attorney will be able to answer.
 
Mar 18, 2021
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Yes. I believe that is my issue. My issue is the love of this car. I searched A LOT for this car. I spent so much time and trouble. All just to get swindled, and for them to treat me the way the did on my last phone conversation was outrageous. Such disrespect. You know if they were even a little cool about it. Hey we messed up you caught we are sorry kind of thing it by be a different story. But when I finally forced it out of them what they did to this car they got really ugly with me. The question I ask myself is what will make me be able to walk away from this and feel whole. Like they won't do this to somebody else, that has a lot to do with it. These people would do the same thing all over again, I believe that has a lot to do with the way I feel. Six people had the opportunity on several occasions to come clean. So I believe punitive damages are there. But that's just me. Financially I do okay for myself. So it's not all about the money. It's about me losing out on the car I wanted and the non apologetic attitude they have, and the lying.
I don't necessarily expect any more advice from the forum. I've had such great advice from everyone it's been awesome. But definitely more is welcome. I guess I see this as some therapy too in away. I'm just simply replying now. Say something or ask something and I'm more than happy to reply.
 
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kenish

Sep 1, 2015
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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.
@J4say707 I've followed this thread and your situation unfortunately requires a lawyer since we cannot provide legal advice (a number of suggested legal avenues have been provided). Your phone conversation with Kia may have seriously undermined your case. Kia, like any large corporation, is well-versed in dealing with a spectrum of unhappy customers. You can bet they recorded every word of the conversation while I assume you can only rely on your recollection. I don't want to scold, but that's one reason this site emphasizes not reaching out by phone.

I'm a "gearhead" and from your comments you're very emotionally invested in the car (completely understandable). The salesperson saw this before and during the sale and knew you were willing to sign off or ignore some red flags. The whole auto industry focuses on the emotional aspects of their products vs. an appliance to get from A to B. No doubt Kia and the dealer have picked up on this and are playing Mental Judo with you. Note the "good cop/bad cop" in the responses from Kia and the dealer. (You can bet that corporate is advising the dealer how to proceed).

As @Chris in NC says in post #49 you need to commit to either walking away from the car and being made financially whole as possible, or keeping the car with partial compensation and not knowing what future problems (if any) will come up with the car. Most likely part of a settlement will require permanently waiving any future claims and not creating any negative publicity against Kia. Also keep in mind you will have to disclose the damage history when you sell the car.

Only you can decide, but I'd walk away from the car and put the issue to bed. Until you make a clear and committed decision, you will waste $$ on attorney's fees, and give Kia a leverage point. I'm sorry this is happening, but Kia has no emotional investment in this and can take a cold, clinical approach. It's probably best if you choose to do the same.

Please keep us updated as things progress, and I hope for the outcome you want.
 
Mar 18, 2021
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Hope they did record thebohone call. Ha. That would be awesome. Also good luck with me no saying anything negative about it in public. They could sue me back for 8k and tell a judge what scum they are. Coulda Woulda, Shoulda. But I didn't. Whatever . I just need need to find a good lawyer who says, man I get it and I got you.
 
Jun 24, 2019
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OK, I've thought about your problem a bit more. (Too many AT&T and Capital One commercials during basketball will cause the mind to wander.)

Two additional thoughts. If the car was bought new, with a new car warranty, with an "as-is" disclosure solely about a rim, this is Kia's problem to solve under the warranty. That's why manufacturers limit how much damage can be repaired before a franchised dealer can no longer sell the car as new. Thus, you can press Kia here in Southern California to honor its warranty. Downside is that Kia may simply offer to buy you out of the car. And buying you out is probably a remedy allowed under the Kia warranty.

Second is that you financed the car using Kia finance. Presumably, you bought this car for personal use, and thus the financing is covered by the FTC's Holder in Due Course rule. You can read the legalese at FTC.Gov. What that rule means is the Kia Finance is responsible for whatever claims you have against the dealer. Kia Finance's liability, however, is limited by the rule. But Kia Finance is also in Southern California. Downside is the same, Kia Finance may simply offer to buy you out of the car.

Both of those thoughts suggest that perhaps you can contact a local California attorney first; there are plenty who handle lemon law cases and are thus used to suing auto dealers, manufacturers and finance companies. You probably can't sue the dealer here in California; a lawyer can tell you that.

The fundamental strategic problem is that you have fallen in love with this car, and the dealer has been using that against you. If you can find a different car to love, you might be better off. If you take the dealer's offer, every time the car pulls to the left (or you perceive it is pulling) this whole problem will grate on you.
 
Mar 18, 2021
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Okay . I have more of a plan. Thanks for everyone's input on here. I'll keep you guys posted. But I think I got . Thank You Everyone!!!
 
May 9, 2019
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The warranty is something I'd be most concerned about! Kia offers the best powertrain warranty (10yr/100k) on NEW cars, but only the remaining 5yr/60k limited on used cars. If this is being treated as a used sale, you lose a lot of warranty coverage on what should be considered a 'new' car. The official type of sale needs to be determined!
 
Nov 27, 2019
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@J4say707, I think you've gotten very good advice here thus far. I thought I might be able to help you structure your thought process as you deal with Kia.

At the core, you need to ask yourself this question: "Do I want to keep the car?"

If the answer is "yes," then the question is, how much compensation do you want from the dealership.
If the answer is "no," then you have very good grounds to have the dealer take back the car and refund your money.
 

jsn55

Verified Member
Dec 26, 2014
10,823
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San Francisco
@J4say707, I think you've gotten very good advice here thus far. I thought I might be able to help you structure your thought process as you deal with Kia.

At the core, you need to ask yourself this question: "Do I want to keep the car?"

If the answer is "yes," then the question is, how much compensation do you want from the dealership.
If the answer is "no," then you have very good grounds to have the dealer take back the car and refund your money.
Exactly! This is the question I asked many posts ago. Make your decision ... get that plan solidified and go for it.
 

Mel65

Mar 23, 2015
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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.
We learned this lesson when my daughter bought her first "new to her" car-- a used VW Jetta at our local Honda dealer. It was relatively newish, had moderately low mileage and was within her ($15K) budget. Great! Shortly thereafter it had all kinds of electrical issues, etc... windows wouldn't roll up or down when it rained, etc.. Turned out it was in 2 accidents(!) but she hadn't asked for the Car Fax before purchasing and had no idea, and now she was stuck with a car with issues. That thing was a nightmare of constant fixes, until her brother, unwittingly did her a favor, and totaled it (nobody hurt, single car accident when he skidded into a curb on ice). She got paid out enough for a down payment on a NEW car and vowed to never buy used again :).