Car buyer sees spots after purchase

By NANCY PARADIS

© St. Petersburg Times, published July 4, 2000


On Nov. 7, I purchased a new Mitsubishi Eclipse from Crown Mitsubishi in St. Petersburg for a no-haggle price of $20,000. It was on a Sunday, and I was told no detail people were at the dealership. I was given a carwash ticket for a local carwash. On Monday, after work and after it was dark, I went to the carwash. On Tuesday, I noticed hard, yellow, crusty spots, like raindrops, over the entire surface of the car, including the windows.

I immediately returned to Crown and spoke to my salesman, who took me to the general manager. Ken Hawkins said there was nothing he could do. At this time I demanded that the contract be canceled. The car was in my possession less than three days, I had put only 32 miles on it, my paid-in-full check was on hold as per prior arrangement, and my trade-in car was on the lot. I proceeded to the office of the finance manager and demanded my check back. I was refused. I returned to Ken Hawkins and demanded my check back and was refused. Is there not a three-day grace period on contracts? I was denied my legal right to cancel this contract.

At this time the new car sales manager, Cy Garner, was introduced to me, and he promised to make it right. I accepted his word on good faith, which turned out to be a mistake. I should have stuck to my decision to cancel.

On the first attempt to remove what the dealership called acid rain, I was told an inexperienced person was given the job and the entire surface of the vehicle was scratched. More attempts to make the car right resulted in swirls all over the paint and scratched windows. Each time the vehicle was delivered to me it was covered with a haze, I suppose so I wouldn't notice the damage until after I left the dealership and had the car washed. On Feb. 18, Cy Garner said he had done all he was going to do.

I decided the best thing would be to get an estimate of the damage. I also contacted Mitsubishi Motors and made an appointment for April 18 to meet with a representative. I met with two Mitsubishi representatives on that day, and their conclusion was that the spots were not acid rain, but hard water from a sprinkler system, and that not only were both the paint and windows scratched, but all the rubber showed deterioration and the original water spots were still visible. They said my problem was very obviously dealer damage and therefore the manufacturer would take no responsibility.

I next decided to get estimates for repair of the paint work from three reputable auto body shops. All basically agreed no estimate could be given because they would not know until they began the work whether they had to buff, wet sand and buff, or repaint the whole car to remove the scratches. They did agree that the Teflon coating, for which I paid the dealer $300, would have to be reapplied.

The glass company I consulted regarding the windows said polishing the windows would not work and I would need them replaced, at a cost of $3,134.

On May 17, I returned to Crown Mitsubishi and spoke to Ken Hawkins in hopes that he might finally take care of the damage his dealership did. He was very adamant that he would not. I hope you will sympathize with my predicament and help in any way you can. Rainer Gabour

Response: Ken Hawkins, general manager of Crown Mitsubishi in St. Petersburg, said that when he looked at your vehicle in May, the acid rain had been removed. The factory does not warrant acid rain spots, nor will it reimburse the dealership for the process of removing them. Hawkins said you asked him to look at some swirl marks that may have resulted from the buffer. He said he could only see some light swirl marks after you had him stand at the front of the vehicle and bend down so the sunlight hit the car just right. These barely perceptible marks are visible on many cars that have had acid rain removed, and he said he showed you some. No mention was ever made about pitted windows. Had you mentioned them, he would have referred you to the factory. As it turned out, the factory representatives had already inspected your car and turned you down.

Many months have gone by since you purchased the car, and Hawkins said that at this time, it is impossible for him to determine whether Crown Mitsubishi is responsible for any minor swirl marks. He cannot recall whether he ever saw you at the time of your purchase. He said he regrets that you are dissatisfied; however, the dealership's new car manager has tried to help you at least five or six times and can do no more, since environmental abuse is not warranted.

If you have a question for Action, or your attempts to resolve a consumer complaint have failed, write: Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request for Action. Names will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

© Copyright, St. Petersburg Times. All rights reserved.