I do not agree with this. I said before that the OP called the dealer the DAY AFTER HE GOT THE CAR. You think he took the car to a detailer that night right after driving 300 miles??? No, the swirl was there when he took it out. Now it does not matter whether it happen in the factory or at the dealer. The car is damage and was sold by the dealer them knowing it is damage. THIS IS IN VIOLATION OF THE CONSUMER TRADE ACT. And the dealer is LIABLE FOR TRIPLE THE DAMAGES.

 

and what if Lexus comes back and says he washed the car improperly after that 300 mile trip.That can happen with black very easily.
Tough win for him.
Bottom line is he took delivery of the vehicle and it will be tough to prove the RX had the paint damage when delivered and not seen.

 

Which remind me to decline the free car wash Lexus offer when I take my car for service. I do not like using machines line orbital polisher, etc. on any of my car. I do my own car wash on my car (my wife's car is another thing, that can go to the auto car wash place,lol). My lexus is not black but dark gray so I don't to see any swirl marks in there.

As for the original problem, consulting a lawyer just to see what you are against is not a bad idea. First time consulting is free for most lawyers. Perhaps a letter from a lawyer might jog the dealer/corporate Lexus to do something decent and just.

 

If Cody took delivery on Saturday April 3rd, Easter being the 4th, then Cody called the dealer on Monday April 5th. at the earliest.

Like another writer suggested, I'd run it by an attorney just to see what your options are after telling him what happened. He may do that part free.

Did you happen to sign a paper saying you'd go to ARBITRATION in case of a dispute ? I know I did. Another option?

 

I NEVER, EVER sign an agreement for arbitration ANYWHERE and have yet to be refused service or purchase of any item. This is a new one on me. I did not know Lexus dealerships were forcing customers sign such paperwork. It's a sad day!
The OP could easly prove his case by walking onto the lot and pointing at any other new black Lexus. My dealership would never let such a case go this far. I know of two cases that they went above and beyond in such a case.

 

Now that I think about it, there might be something that says "once you take it off the lot, its yours" in fancy lawyer language

 

Do some states have laws in place saying customers have so many days to return a new car? I have some distant memory of reading something on this.
Surely we have some attorneys on here to set the record straight.

 

Never heard of that unless the auto manufacturer has their own policy like GM had and Chrysler has now on minivans..
I believe not even the Right of Incission can help with an auto purchase agreement.

 

This kind of reasoning is ridiculous. If I took delivery of a car and found out the next day that the back seat is missing, can I take it back ? And the dealer says its not our problem, it was deliver that way. And Lexus Corporate says no way we dont make cars without a backseat. So back and forth. The bottom line: the customer is not happy and its not his fault. Do it right, Lexus dealer or Lexus corporate. Give him a new car, sell the damage one and file an insurance claim for the loss.

 

The OP's case was a couple of days and if you drove that vehicle home without a backseat,you could have a problem like the OP.
The dealer can say the seat was there.You took delivery.That's why one must do a lookover and check the vehicle out closely before delivery.
I do that before signing the papers and again at delivery.

 

I think the rule of "sold as is" still applies even if the car is missing an engine. As long as you push it off the lot, they hold no responsibility.

This is to prevent people from stealing and lying to car manufacturers. I agree with Joeb. If i bought a car that was perfect, went home that day and removed parts, then what prevents be from going back even the same day and said that those things were missing?

 

I "think" there are states with a return period for new cars.

 

I tried doing a quick search and the only thing I could find is this.




"Your return policy is 0 days.

NO STATE has a mandatory "cooling off" period. Not 3 days, not 30 minutes. .

The ONLY exception is in California. Your dealership can SELL you a 3-day return priveledge. It is a policy you have to elect to buy. Should you waive it, then you are an owner"

 

It's called the Magnuson-Moss Warranty Act, basically implemented because warranties up to that point (1975) were mostly verbal or if written, rarely honored by manufacturers. A case like that would be heard in Federal Court and yes, allows for triple damages, if you win. It was one of the things I learned about while going through my lemon law case against Ford because I wanted to hit them hard.

Regarding going the legal route, I'm on the fence. One of the problems I had with my Ford was the paint - red bleeding through black with thin cracking paint in different areas. My expert witness said it was the worst case of paint contamination he'd ever seen. codyrx, could your paint be defective? Maybe. I'd say it affects market value which is one of the prerequisites for seeking relief under Alaska's lemon law (I checked). But I warn you, lawyers will strongly discourage filing a case against a car manufacturer. I know because I encountered a few. Guess they thought I was neurotic too I was able to find one who took me seriously, and won the only reversal in state history. I provided him with my expert witness report and a 368-page binder containing all the relevant information he needed - repair orders, other complaints filed, chronology from delivery date, etc. Of all the things I had, that chronology I believe swayed the judge my way. She (psyche!) ordered Ford to settle, which we did under my terms. It was an MSRP swap - I turned in the Ford and received MSRP towards a brand new Ford of my choice (That Ford was delivered and traded in same day for my first RX ). And regarding legal fees, the manufacturer may be held responsible for all or part of them.

codyrx, please feel free to PM me if want to know more about going the legal route. I wish you luck in whatever avenue you pursue. I'll leave it at that

 

Anita,the difference is your paint was defective.I didn't read of one claim from anyone bodyshop person that the OP's RX paint was defective.Seems to be paint problems caused by the dealer's washing and prepping the vehicle for delivery.
He's in a tough situation.Lexus isn't responsible,the dealer is this case.
Dealers are independently owned and he's have to go after the dealer.
Also,he doesn't have any type of Lemon Law case.