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New GMC Yukon Hybrid, undisclosed damage

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  • New GMC Yukon Hybrid, undisclosed damage

    On January 4th, 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.

    January 11th, 2010

    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
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