Pre-Delivery Damage

GET YOUR FREE CONSULTATION
CALL NOW:855-978-6564
Practice Areas
Free Case Evaluation

Fill out the form below for a free, confidential case evaluation and we will contact you shortly. All fields are required.

    Full Name*

    Email*

    Phone*

    Describe your case briefly

    Pre-Delivery Damage Cases

    When you buy or lease a new car, you expect it to be truly new — free of any accidents, body repairs, or structural issues. Unfortunately, some dealerships sell vehicles that suffered pre-delivery damage without properly disclosing it. These cases often fall under consumer fraud, state Lemon Laws, or breach of warranty claims.

    How to Spot a Pre-Delivery Damage Case

    Signs your “new” car may have been damaged before you took delivery:

    • Paint that doesn’t match or panels that look repainted

    • Overspray, sanding marks, or uneven finishes

    • Misaligned doors, hood, or trunk

    • Gaps in body panels that don’t line up evenly

    • Unusual noises, rattles, or poor ride quality in a brand-new car

    • A Carfax or AutoCheck report showing an accident or damage history before your purchase date

    🚩 Red flag: If your “new” vehicle already shows repairs or accident history, it may qualify as a pre-delivery damage case.

    How to Avoid a Pre-Delivery Damage Case

    • Inspect the car carefully before signing: check paint, gaps, interior, undercarriage.

    • Always request a Carfax or AutoCheck report — it may reveal prior damage or repairs.

    • Get everything in writing: if a salesperson says “no accidents,” ask them to note that on the contract or buyer’s order.

    • Ask specifically: “Has this car been damaged or repaired prior to sale?”

    Why Dealers May Not Give You a Carfax

    Some dealers claim:

    • “We don’t have one”

    • “Carfax doesn’t show repairs done before delivery”

    • “It’s brand new — it can’t have a report”

    ⚠️ The truth: dealers often know about pre-delivery damage but fail to disclose it, especially if repairs cost less than disclosure thresholds in certain states (e.g., damage under a set percentage of MSRP).

    Common Defenses Dealers Raise

    Dealers and manufacturers often argue:

    • The damage was “minor cosmetic” (paint, bumpers, scratches).

    • The repairs cost less than disclosure thresholds, so they weren’t legally required to tell you.

    • The damage happened after delivery (blaming the consumer).

    • The car is still covered under the manufacturer’s warranty, so “you’re not harmed.”

    An experienced attorney can challenge these defenses with expert reports, repair records, and contract language.

    Types of Pre-Delivery Damage Cases

    • Undisclosed accident damage: vehicle involved in a crash during transport or at the lot.

    • Paint and body repairs: repainted panels, scratches, or dents covered up.

    • Structural damage: frame or unibody repairs that affect safety and value.

    • Water or flood damage: vehicles damaged in transit or on the lot during storms.

    • Parts swaps: replacement of major components (engine, transmission) before sale.

    Potential Claims

    Victims of pre-delivery damage may have claims under:

    • State consumer fraud or UDAP statutes (failure to disclose material facts)

    • Breach of contract or warranty

    • Common law fraud and misrepresentation

    Potential Damages

    Depending on your case, you may be entitled to:

    • Rescission – cancel the deal and get a refund of your purchase price, taxes, fees, and trade-in value

    • Diminished value damages – the difference between what you paid and what the car was truly worth

    • Cost of repairs needed to fix undisclosed damage

    • Statutory or punitive damages under consumer fraud statutes

    • Attorney’s fees and costs (in many states and under federal law)

    Why Hire an Attorney

    Pre-delivery damage cases can be complex. Dealers rarely admit wrongdoing, and manufacturers often side with them. An experienced attorney can:

    • Uncover hidden repair records and internal dealership communications

    • Work with experts to document paint, body, or structural damage

    • Prove that nondisclosure violated consumer protection laws

    • Maximize damages through state and federal claims

    Think Your “New” Car Had Pre-Delivery Damage?

    If you suspect your new vehicle was damaged and repaired before delivery, don’t wait. These cases require fast action and strong evidence.

    Common Fact Patterns in Pre-Delivery Damage Cases

    Dealers rarely admit that a car has been damaged before sale. Instead, these cases usually fall into a few predictable patterns:

    1. The “Silent Repair”

    • The vehicle is damaged in transport or on the lot (scratches, dents, even collision damage).

    • The dealership repairs it without telling the consumer.

    • The buyer later notices repainting, mismatched panels, or mechanical issues.

    🚩 Red flag: A brand-new car shouldn’t already have body work or aftermarket paint.

    2. The “Threshold Excuse”

    • Many states only require disclosure if repairs exceed a certain percentage of MSRP (often 3–5%).

    • Dealers use this loophole to hide significant repairs (e.g., a $1,500 paint job on a $30,000 car).

    • Consumers think they’re getting a flawless car when they aren’t.

    🚩 Red flag: Any undisclosed repair, even “minor,” can affect resale value and warranty coverage.

    3. The “Carfax Clean” Sale

    • Dealer provides a “clean Carfax” report to reassure the buyer.

    • But Carfax doesn’t always capture pre-delivery damage (especially if repairs were internal and never reported).

    • Later, the damage shows up when the consumer tries to trade or sell the car — hurting its value.

    🚩 Red flag: A clean Carfax does not guarantee a damage-free car.

    4. The “Dealer Denial”

    • After the buyer discovers repairs, the dealer claims the damage happened after delivery.

    • They refuse responsibility, even when the problems clearly existed before sale.

    • This is common with frame, alignment, or water damage.

    🚩 Red flag: Dealers often point the finger at the consumer to avoid liability.

    5. The “Trade-In Trap”

    • Buyer trades in an old car, thinking they’re getting a pristine new one.

    • Later learns the “new” car had hidden pre-delivery damage, leaving them with diminished value and no way back to their old vehicle.

    🚩 Red flag: Losing both your trade-in and value on your new car makes damages especially high.

    6. The “Luxury Brand Surprise”

    • Higher-end vehicles (BMW, Mercedes, Lexus, Tesla) are sometimes damaged in transit or during dealer prep.

    • Dealers rush to repair and resell rather than disclose, because even minor repairs can slash luxury resale values.

    🚩 Red flag: In luxury markets, undisclosed pre-delivery repairs are often worth tens of thousands in diminished value.

    Why These Patterns Matter

    These fact patterns give attorneys a roadmap to proving fraud, breach of warranty, or consumer protection violations. By showing that the dealer knew of the damage, failed to disclose it, or misled the buyer, consumers can often recover:

    • Refunds or rescission

    • Diminished value damages

    • Statutory damages under fraud statutes

    • Attorney’s fees and costs

    How to Get a Carfax and Other Vehicle History Reports

    One of the best ways to uncover pre-delivery damage or undisclosed repairs is to check a vehicle history report before you buy. Reports like Carfax and AutoCheck pull data from insurance companies, DMVs, service centers, and auction houses to show whether a vehicle has been in an accident, sustained flood damage, or been repaired before sale.

    How to Get a Carfax Report

    • From the Dealer: Reputable dealerships will often provide a Carfax for free. Ask your salesperson directly and request a printed or emailed copy.

    • Online: You can buy a single Carfax report at www.carfax.com by entering the VIN.

    • Through AutoCheck: Another major provider, www.autocheck.com, sometimes includes information that Carfax misses.

    • Through Insurance or Lenders: Some banks and insurers have access to Carfax/AutoCheck and may provide one if you’re financing.

    💡 Tip: Reports usually cost around $25–$40 if purchased directly, but many dealers subscribe and can provide them free.

    Always Ask for a Report Before You Buy

    • Ask the dealer: “Can you show me the Carfax or AutoCheck before I sign?”

    • If the dealer hesitates or refuses, that’s a red flag.

    • Check that the report’s date is recent (within the last few days). Older reports may not show updated information.

    • Compare the VIN on the report with the VIN on the car to ensure they match.

    Why Dealers Sometimes Won’t Provide One

    Some dealers avoid giving buyers a Carfax/AutoCheck because:

    • It shows prior damage or repairs they don’t want disclosed.

    • They only disclose if repairs exceed state “thresholds” (e.g., 3–5% of MSRP).

    • The report may reveal the car was a demo, rental, or fleet vehicle, not truly “new.”

    Other Helpful Resources

    • National Motor Vehicle Title Information System (NMVTIS): A federal database that shows title history and salvage records. Available through approved providers like vehiclehistory.gov.

    • State DMV Records: Some states allow you to order title histories directly.

    • Pre-Purchase Inspections: Even with a clean Carfax, hire a trusted mechanic to check for paint work, frame issues, or water damage.

    Call us for a free case review – 855-978-6564.