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Car Forum / Driving, Maintenance, Tuning / General Car Topics / February 2005

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Legal action possible on Sonata paintjob?

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atarileaf - 18 Feb 2005 17:24 GMT
Yes I'm sure I'm becoming a pain to some in this group but I have another
question:

Regarding the 2000 Hyundai Sonata with the cracking clear coat I'm wondering
if I have any legal recourse to get the dealership or Hyundai Canada to pay
for the paint job. I've done some research and there have been successful
cases where used cars bought from dealer lots had chipping or peeling paint
and when the buyer filed in small claims court they have won. Usually this
requires independant statements from bodyshop or paint shops that look at
the car and determine that the problem is indeed a factory defect. (I'll be
doing that this weekend and see what happens).

The following is an example case: Shields vs General Motors held in an
Ontario Canada court (I'm from Ontario as well)

The owner of a 1991 Pontiac Grand Prix purchased the vehicle used with over
100,000 km on the odometer. Commencing in 1995 the paint began to bubble and
then flake and eventually peel off. The judge awarded the plaintiff $1205.72
and struck down every one of GM's environmental/acid rain/UV rays arguments.

I copied this from the 2003 Lemon aid book. There are other examples but
this one more closely resembles my situation. I bought a 2000 Sonata that
was in pristine physical condition with no marks. I looked very carefully as
did my wife and there were no paint defects to be found. A few days later I
noticed the trademark clearcoat cracking on the hood and roof. Not bird poop
or any other environmental conditions could have caused this or the other
cars in my neighborhood would have also been affected.

I know all these dealers and manufacturers have these secret "goodwill"
warranties but so far they say its bird poop (which is a standard answer
I've found all sales and support staff are trained to use) despite there
being no bird poop ever on the car. I've read other Hyundai's have similar
paint problems so my guess is factory defect and despite it being 5 years
old and out of the paint warranty of 3 years/ 36000 kilometers I should have
at least partial restitution. The car had 58,000 clicks when I bought it and
I don't care what anyone says, no paint job should start decaying after 5
years.

So, anyone think I have a case or advice on how to proceed?

Thanks

PS - Is there a way a dealer can hide paint defects so they aren't readily
seen by the customer until sometime after the car has been purchased? Am I
paranoid or is there a precedent here? Its too much of a coincidence that
these marks started appearing less than a week after I got the car.
sdlomi2 - 24 Feb 2005 01:23 GMT
> Yes I'm sure I'm becoming a pain to some in this group but I have another
> question:
[quoted text clipped - 41 lines]
> seen by the customer until sometime after the car has been purchased?
> SNIP
   Yes.  Just like he can wash it and hide the dirt that re-appears soon.
He can, seriously, have the car buffed & cleaned professionally & it will
look its best for a few days--and it begins losing its luster daily.  And
paint defects begin to show more noticeably.  NO ILLEGAL ACT HERE!!!  Shiny
cars sell better, as a rule, at least I'd say.
   I've wet-sanded & buffed cars with poor paint jobs, and lots of people
could be convinced I had repainted it.  Sometimes, it would last; other
times, it would not.  But having sold literally 1000's of cars, I've NEVER
had the 1st complaint such as yours on a used car.  Franchised dealers, I'm
sure, have met more TYPES OF CUSTOMERS than I.  Good luck, but be try & fair
in your asking.  s

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