It has been repainted and has probably has had the hood replaced... - Mercedes-Benz Forum

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post #1 of 24 (permalink) Old 06-03-2008, 10:20 AM Thread Starter
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It has been repainted and has probably has had the hood replaced...

We took it to the local body shop that MB uses (we bought the car in another state) and the tech looked at it and could immediately tell that the front R/L fenders, trunk and rear panels around the windows have been painted. The tech also suspects that the hood has been replaced. I don't know what to do now, the dealer still stands by the story that it was not painted (to his knowledge) and was not in an accident (to his knowledge). What kind of recourse do I have?
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post #2 of 24 (permalink) Old 06-03-2008, 10:36 AM
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Was it a Mercedes CPO (Certified Pre-Owned) car? Yes or No

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post #3 of 24 (permalink) Old 06-03-2008, 10:57 AM Thread Starter
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Was it a Mercedes CPO (Certified Pre-Owned) car? Yes or No
No
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post #4 of 24 (permalink) Old 06-03-2008, 11:14 AM
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Recourse?

Likely none. It would be your burden to show by a preponderance of the evidence that there was fraud, either intentional or by omission, in the sale of the vehicle. The fraud must also be beyond mere "sales promotion" also known as "puffing." So, if the salespersons says "It's a great car" or "It's like new" then that would not be fraud or misrepresentation.

Then you would have to show that the salesperson "knew or should have known" that there was a material defect in the car. If the repair was reasonably done and did not affect the operation of the vehicle, then there probably was no legal duty to investigate about the car's history. In fact, the argument would be that the buyer had the same opportunity to do such research.
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post #5 of 24 (permalink) Old 06-03-2008, 11:16 AM
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How did this body shop detect the car was partly repainted? Usually they use paint thickness meters and that would probably fail (you know why).

But experts can usually see other signs of paintwork, but odd if the front had been fixed equally as the trunk lid but not rear fenders or doors. What kind of an accident would that be?
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post #6 of 24 (permalink) Old 06-03-2008, 11:17 AM
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There is probably nothing you can do because the car was used and sold as is by the dealer, and not certified by MB. But I would still call MB customer service and inform them of the practices of this particular stealership. I would also take it to a second dealer, not a body shop, and ask them to appraise for trade.
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post #7 of 24 (permalink) Old 06-03-2008, 11:26 AM Thread Starter
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How did this body shop detect the car was partly repainted? Usually they use paint thickness meters and that would probably fail (you know why).

But experts can usually see other signs of paintwork, but odd if the front had been fixed equally as the trunk lid but not rear fenders or doors. What kind of an accident would that be?

There are tape marks and spray back near the hood. The repainted/ damaged areas are Front R/L fenders, hood, trunk, Right rear fender.

It is VERY evident (now that I know what to look for) that the car has been repainted. I'm sure it was inspected at MB before it was put on the lot, and if they missed these blatant signs of it being repainted than they are just idiots.
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post #8 of 24 (permalink) Old 06-03-2008, 11:28 AM
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.

No
Then None.

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post #9 of 24 (permalink) Old 06-03-2008, 11:45 AM
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I'm agreeing with most of the others (you're stuck with it); sad but true.

I had a similar experience: I bought a pre-owned MB that had a clean CarFax report and the dealer (MB) said nothing about a front end collision. I didn't know what to look for either but they should have and told me.

I had a trade evaluation done at another dealer and the guy pointed out where the fenders had been removed and replaced (he could see scratches around the bolts) and the hood had been painted. He must have seen I was devastated and then told me "well, whoever it was did a good job". I was no longer a happy camper!

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post #10 of 24 (permalink) Old 06-03-2008, 12:28 PM
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I had a similar experience: I bought a pre-owned MB that had a clean CarFax report and the dealer (MB) said nothing about a front end collision. I didn't know what to look for either but they should have and told me.

I had a trade evaluation done at another dealer and the guy pointed out where the fenders had been removed and replaced (he could see scratches around the bolts) and the hood had been painted. He must have seen I was devastated and then told me "well, whoever it was did a good job". I was no longer a happy camper!
Interesting experience w/Carfax, thanks for pointing this out. Obviously Carfax has limited usefulness, mainly to trace number of owners, locations and dates. "Totaled" vehicles as reported for registration purposes should show up, but forget about seeing other accidents/damage.

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