Hello, great site, newbie here.

On January 4th, after driving my parents' Escalade Hybrid I decided to get a a similar model. Payne Weslaco Motors offered me what I thought was an incredible deal on a NEW 2009 Yukon Hybrid, I traded in my car at $30,000 and ended up paying $15,500 OTD ($45,500 including tax TT&L).

The yukon had less than 100 miles on them (maybe test drives). Anyway, after taking possession I noticed the mechanical inspection sticker expired OCT, 2010, which means they've had this truck since October 2008. No harm (still).

2 days later I saw a small dent on the hood (you probably inspect really close used vehicles, not new). I thought this had happened on the highway or something, and I took it to a dent repair specialist (paintless)to have this fixed and he did a great job for $50.00 USD. Then this guy uses some lighting and shows me the roof and hood have almost unnoticeable marks of what seems to be hail damage. Now that I've seen them I can locate them under normal conditions but they are hard to see.

I demanded an exchange of vehicle or a refund, they offered repair, I said no, I did not want a new "repaired" vehicle, I told them they should have disclosed this damage. I asked for a 2010 and I would pay a premium, they asked for $13,000 I said, no way am I paying $58,000 for that car. Here is the letter I sent them. Any advice is greatly appreciated.



Payne Weslaco Motors
2401 East Expressway 83, Weslaco, TX
I am writing to you under the provisions of the Texas Deceptive Trade Practices Act.
The purpose of this letter is to comply with the notice requirements contained in the Texas Deceptive Trade Practices Act-Consumer Protection Act (Tex Bus and Comm code §§17.41 – 17.63) which require a consumer to notify (in writing, by certified mail, return receipt requested) the seller of the goods of his complaint and afford the seller a reasonable length of time to resolve the matter. I am writing to request relief as outlined in that statute.

On or about January 4th, 2010 the following unfair or deceptive act(s) or practice(s) occurred:

I, XXX XXX X X X X purchased a NEW vehicle from your dealership on the 4th day of January, 2010; such vehicle had been damaged by hail or something similar and was not disclosed by the seller. The vehicle information is as follows:

2009 Yukon Hybrid, Black
VIN XXXXXXXXXXXXX
I noticed after taking possession of the vehicle a dent on the hood and took it to a certified dent repair facility in Brownsville so they could assess the damage, at that time, they used special lighting on the surface of the vehicle and they found clear indication of numerous hail damage or similar on the body of the vehicle as well as previously repaired dented surfaces; specially on the roof and hood of the vehicle. The dent repair facility is available to confirm such fact. According to the state mechanical inspection, the vehicle was on the dealers lot for more than 12 months. Upon that discovery and at that time I notified the seller by phone of this situation.
This pre-existing damage to the vehicle was not disclosed by the seller prior to the transaction and as a buyer I feel this diminishes the actual value of the vehicle and will have a significant negative effect on the future resale value of the vehicle if I choose to keep it.
On numerous occasions I have attempted to resolve this matter with your company amicably, I expressed my disposition of accepting another equal vehicle (undamaged and new), 2009 or 2010, I expressed my disposition of accepting my money back, I have spoken on the phone many times with the sales person, Robert Aldrete as well as personal interviews with him and the General Sales Manager Rick Carter, I have also contacted General Motors (GMC) Customer service and have been assigned Case file number 71-795347579. I am approaching the seller now to seek immediate and reasonable resolution; I am not waiving any of my rights to seek legal counsel and remedies against whoever is determined to be responsible.

I have suffered injury or loss of money or property in the approximate amount of $13,399.00 (Thirteen Thousand Three Hundred Ninety-nine US Dollars), this amount is an estimated loss of value from receiving a damaged good that was purchased and represented by the seller as new. As support for this amount, my sales person, Robert Aldrete offered me $40,000 dollars for the vehicle as trade-in, the value of the vehicle when purchased a few days ago was in excess of $54,000 minus consumer rebates, if I accept the $40,000 I would need at least $13,000 plus $399 etch insurance to substitute to another new vehicle. The seller has confirmed I would need $13,000 plus etch insurance for a new undamaged vehicle. The mentioned amount may not include attorney fees, court fees and other expenses which the court may allow.

I may still consider another vehicle or money back at this point in time. If you fail to make a good faith offer of settlement in response to this request, and I institute legal action, a court may award me up to triple damages, attorney’s fees and costs if the court finds in my favor. The Deceptive Trade Practices Act (DTPA) is Texas's primary consumer protection statute. The statute prohibits a list of deceptive trade practices deemed to be false, misleading or deceptive. The DTPA gives consumers the right to sue for damages. Consumers, who win a suit brought under the DTPA, are entitled to attorney's fees, court fees, damages and other remedies. Other consumer protections statutes tie in to the DTPA and allow consumers to sue under the DTPA for violation of those other statutes. As a Deceptive Trade Practices Act plaintiff I understand 1.- The plaintiff was a consumer, 2.- the defendant (seller) engaged in conduct prohibited by the act, 3.- the prohibited conduct was a producing cause of the consumer’s damages.
If you decide to resolve this matter please contact me within sixty (60) days from the date you receive this letter so we might avoid unnecessary time, expenses, and additional attorney fees in litigating this matter. Please contact me at your earliest convenience so that we may discuss this matter. If I do not hear from you in the next sixty (60) days, I will assume that you do not wish to settle this matter out of court.

I may be reached at the address written above, or at (956) xxx-xxxx between the hours of: 9:00 AM to 5:00 PM. I look forward to hearing from you.


Sincerely,

______________________________
XX XXXXXXXXXXX

 

good luck with your suit. if you go past the cosmetic details of the damage, it is actually a good vehicle and promise what is advertised=good mileage. are the dent on the roof or the hood?

 

The hood is all aluminum. Why don't you try and get them (and involve GM corporate) to put a new hood on it. The steel should be fine (you be the judge). Settlement is always the best way to fix any issue.
Best of luck to you.
For reference, I bought a new SSr off the lot in 2004 and the next day I noticed a small round dent in the door next to the door handle, no chance it was not there when I bought it. It is still in my door (six years later), I got nowhere with the dealer...

 

This should be at a consumer complaint site and not here.

Your thread title is very misleading. Your complaint has nothing to do with the vehicle make at all.

I would notice a small dent on the hood of a new vehicle and I always inspect real close new vehicles. Your premise is flawed and I don't trust your motives.

I have no sympathy for someone like you.

 

The damage is not intensive, I should have inspected the vehicle closer, I guess I test drove it, liked the deal and started the negotiation / paperwork, most of the dings are on the roof and even there not that noticeable.

Canuck, I am sorry you don't trust my motives so I'll try to outline the reason why I am here at this forum (as well as some legal advice forums).

1. I bought a HYBRID vehicle,
2. Some people that work for DEALERSHIPS post here and their input would be very valuable to me.
3. I am just looking for tips / opinions from other hybrid enthusiasts.
4. I am trying to let everyone know to beware of the business practices of the mentioned auto dealer.
5. I am not trying to make money out of this, I feel I already got hit with a lower resale value expectation. Trust me I have a decent income and this only takes time from me, I already told the dealer I would see this through if they did not correct the fact and I am not the type to back down.

By the way, I have confirmed they did get hit by hail last July, all they needed to do was disclose that fact and offer an economic incentive.

 

I guess if I was 7 1/2 feet tall, I surely will be pissed seeing all the hale damage. cant they offer to fix it to you with those PDR companies?

 

Hey Canuck, I think the time you took to write your posts deserves special treatment. In no way am I against Hybrid vehicles or American cars, please note that at the start of the thread I mention my parents have a Hybrid Escalade and I have a Yukon, I also mentioned I would be more than happy to take another Yukon in exchange.

I think your attitude is too harsh if someone posts ANYTHING negative in this forum, I checked other posts about legal issues or lawsuits and your input is always the same, CONFRONTATIONAL with a bitter touch.

By the way, I really don't care if you have sympathy for me, I never came here for your sympathy. You keep up the good work.

 

Bettercorp,

Thanks for taking a shot at me in your first postings here and suggesting my prior posts support your position. I have been around here for a while. I post about a lot of things and I like to think some of them help other people here. I call it like it is. As my kids say to me: "Deal with it!".

How's this for a title thread: "Hail damage to Yukon Hybrid, I am considering lawsuit against dealer."

Many people browse these forums when considering which type of vehicle to buy - often not even reading the threads. The title of your thread is very misleading.

 

Enough already, I think if someone is researching a vehicle they will have to be very ignorant not to take the time to read the post if they see the words "considering lawsuit against dealership".

Since you seem to be an older gentleman, my principles and education prevent me from speaking my mind about the motivation behind your posts Canuck; so out of respect I end it here just agreeing on our disagreement.

If anyone has some legal input or constructive advice or criticism I do appreciate it.

 

Yes, I am the CEO of GM...

Anyways, it's nice to finally earn some respect (but really, I am not that old!).