recently purchased a car. after having the car a few days I was cleaning it and noticed something didn't look right on the passenger side fender. As I looked closer I saw the car was hit or scrapped against another car. The dealer tried to cover it up and hide it. When I purchased the car I was not told by the salesman or manager that it had any damage to it. It is a brand new car. I called the dealer about the issue and the salesman said he did not know about it but the manager did but decided not to tell me. While on the phone I was told that they gave me a discount due to the marks on the car. This is not true they gave the GM discount for left over new cars no other money off the car. I explained to them that I can not get it fixed or repainted now because it will cause an issue on the Carfax and I will lose all my value of the car.
your case presents a possible action under the NJ Consumer Fraud Act and, potentially, under the Magnusson-Moss Warranty Act (a federal law). I don't believe it's a Lemon Law issue under these facts.
There is also a question as to how extensive the damage is - was it something you should have seen when you looked over the car on the lot? How was it concealed? Do you have any independent evidence that the manager knew of the damage but didn't disclose?
You should sit down with an experience consumer protection attorney in your area to go over the whole situation. Many attorneys offer free consultations.
The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.
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