Bayside, NY asked in Products Liability, Business Law and Small Claims for New York

Q: Purchased a brand-new car, but later found out the car has been re-painted; not disclosed; surface chipping; fix refused

I’ve purchased a brand-new car, but later found out that the car has been re-painted and the dealership did not disclose the information.

A couple weeks ago, I noticed the surface of the car was chipping away and when I called the company’s call center, I was told that the warranty should cover it. Later, when I took my car to the service center, I was told they can’t fix the car because the car has been re-painted. I’ve called the company’s customer service center about this issue and expecting a call from the senior manager.

Even though I’ve bought a brand-new car, not only they re-painted and didn’t disclose the information, but also I can’t even use their warranties to get the issue they have caused to be fixed. Right now, I only see the chipping in one section, but who knows if I will see the same issue in other area.

2 Lawyer Answers

A: My suggestion is to call the Attorney General's office. If the dealer is too sleazy to pay, then you can bet this has happened before. You were sold a NEW vehicle, not one that had been damaged and repaired.

https://ag.ny.gov/bureau/consumer-frauds-bureau

Barry E. Janay
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Answered

A: New York has a very strong lemon law that would cover this. You can sue or hire an attorney such as myself to sue for you. Feel free to email me privately if you want to discuss more about your options.

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