Undisclosed Paint Repair on Approved Used Mercedes – Advice Needed

[JRHartley]

Hi everyone,

I bought a Mercedes-Benz C43 from an official Mercedes dealer in the UK two years ago as an Approved Used vehicle. At the time, the car had only 20 miles on the clock and was sold to me as meeting all the Approved Used standards. They told me it had been part of a cancelled corporate order and had been sitting in storage for a few months along with several others of the same model which they also had for sale.

I have recently discovered that one of the doors was damaged and repainted before I bought the car, but this was never disclosed to me. The repaint is a different shade, and there are visible deep scratches beneath the paint, indicating poor repair work.

Now that I’m looking to sell the car, I’m in a difficult position because any potential buyer will assume I caused the damage. This will also affect the value of the car if i were to trade it in. I plan to get an independent paint inspection to confirm the repair was pre-existing and then approach the dealership for an explanation.

Has anyone dealt with something similar? Would this fall under misrepresentation under the Consumer Rights Act 2015? What’s the best way to approach the dealer to get this resolved?

Any advice would be greatly appreciated!

Thanks in advance.

 

[Alps]

If you had highlighted this when purchasing the car you might have a got the dealership to repaint correctly. 2 years down the road I think you will struggle, but worth asking, esp if the same salesperson is there.

I personally would get it repaired properly, count my losses.

Approved Used doesn't mean much, if a damaged door is repaired , its a tick in the box as "no damage"

 

[whitenemesis]

The repaint is a different shade, and there are visible deep scratches beneath the paint, indicating poor repair work.

And you've had the car for 2 years and only just noticed? I doubt you could see any recompense after all this time.
Either get it fixed at your own cost or take any potential hit at trade-in time. Personally I'd do the latter as any secondhand car will have defects and dealers can fix far more cheaply than owners..

 

[DSM10000]

As above.

If the colour match is poor enough to notice now why did you not notice when viewing?
As for being undisclosed, why would they disclose it?
. When sold it met their standards and, seemingly yours?

Sorry for the negativity but after 2 years I really cannot see them entertaining any claim.

Could a detailer improve it with a machine polish etc?

 

[BTB 500]

As I understand it even brand new cars can have paint repairs - it's possible for panels to pick up minor damage at the factory/in transit/at the dealership. So I'd be pretty sure there's nothing in Approved Used to say a car won't ever have had any paint done, or any requirement for them to disclose that it had when selling.

If nobody has spotted this repair in the last 2 years including when washing the car etc. it can't have been that bad?

 

[Kakitu]

Good evening / morning/ afternoon from where you are. Anyone generous to give me sliding door contacts for Viano 2006 W639.

Kakitu From Kenya

 

[Kakitu]

Also the 3rd brake light for W639 Viano

 

[whitenemesis]

Good evening / morning/ afternoon from where you are. Anyone generous to give me sliding door contacts for Viano 2006 W639.

Kakitu From Kenya

Also the 3rd brake light for W639 Viano

I think you would be better served starting a a new thread in the relevant section?

 

[Kakitu]

I think you would be better served starting a a new thread in the relevant section?

My apologies

 

[JRHartley]

Thanks for all of the replies they have been very helpful. The car was purchased for my wife and and ive never used the car or properly inspected it at purchase, just a once over and i didn't notice it.

I had someone who washes the car and they never mentioned it, but he closed his business and the next guy who washed it recently pointed it out to me. It isn't really noticeable at first glance, but after him pointing it out you can see the difference and how it is scratched underneath. The paint has a matt finish compared with the rest of the car.

I'll try and trade it in and see how much of a hit ill have to take and if it is too much then ill get out the Yellow Pages and find a good bodyshop and have repainted and move it on.

Thanks for all of the advice, it is much appreciated and has helped me decide how to proceed.

Cheers!

 

[C320]

You are protected for 6-years under The Limitation Act 1980 if you are arguing the car was mis-advertised. You would need to prove this in as many ways as possible from photos in the original advertisement if you still have it to an independent inspection report. The CRA 2015 will be of limited application here as there is no argument for the goods not being fit for purpose. The door still works and functions as intended I assume?

It can be a costly and drawn out process. With much back and forth. Some reports can charge from £400. In that territory you could have it repaired and make a sale. Or who knows perhaps even fall in love with the car again?! The energy expenditure is not worth it in my humble view to argue the toss. They sold a car with a repair knowingly or unknowingly, is it worth the drama? The stress? The dealer might have a counter-argument and have their own in-house inspection done. Then it could lead to a small claims court. No point. As for knocking off price at trade. People often want something for nothing so they will likely spin a yarn of how they want an approved repair and want you to remove £900 off the price for the MB bodyshop.

I have known people who chance it and let the buyer beware however, I am not advocating this route. It can paint (no pun intended) you in a bad light if caught out.

Good luck whatever course of action you pursue.

 

[DSM10000]

Thanks for all of the replies they have been very helpful. The car was purchased for my wife and and ive never used the car or properly inspected it at purchase, just a once over and i didn't notice it.

I had someone who washes the car and they never mentioned it, but he closed his business and the next guy who washed it recently pointed it out to me. It isn't really noticeable at first glance, but after him pointing it out you can see the difference and how it is scratched underneath. The paint has a matt finish compared with the rest of the car.

I'll try and trade it in and see how much of a hit ill have to take and if it is too much then ill get out the Yellow Pages and find a good bodyshop and have repainted and move it on.

Thanks for all of the advice, it is much appreciated and has helped me decide how to proceed.

Cheers!

Possibly worth asking if a Smart repair company could improve it?

 

[ALFAitalia]

Unless it was advertised as never having had paint then that's that. It was a used car in the eyes of the law..... and so you accepted it as it was when you ordered it and when you took delivery of it. If a customer asks me if a caravan has had paint I will answer truthfully...if I know it has. If he does not ask then I'm under no obligation to tell him. Caveat emptor.

 

[E55BOF]

You may well find that a machine polish of the dull area by a detailer will make a big difference.

 

[JRHartley]

Thanks again for all of the advice as I’ve learned a lot. I completely forgot to mention in my original post that the valet guy told me about the paint because it was starting to bubble. This is why I was going to go back to the dealer as I assumed the paint bubbling would be covered under the warranty. I’ll update the thread once I’ve spoken with my local Mercedes repair centre etc as the outcome may be useful for other forum users in the future.

 

[markjay]

Thanks again for all of the advice as I’ve learned a lot. I completely forgot to mention in my original post that the valet guy told me about the paint because it was starting to bubble. This is why I was going to go back to the dealer as I assumed the paint bubbling would be covered under the warranty. I’ll update the thread once I’ve spoken with my local Mercedes repair centre etc as the outcome may be useful for other forum users in the future.

If the car is red... then yes, it's a goodwil warranty job, even if it's going to be a long and protracted affair, both getting the approval from MB HQ, and then booking the car in for the bare metal respray.

Obviously, the goodwill warranty will only apply assuming that the bubbling is visible in areas that have not been resprayed before.

And, I would take it back to the supplying dealer - because they may try and give you grief over the free respraying of panels that have already been resprayed or repaired before - if they do, you'll be able to point out to them that this is how they sold you the car.

 

[markjay]

One other point regarding goodwill warranty respray... they won't respray the plastic bumpers foc. If the bumpers are scratched, or you just want to ensure that the bumpers will have the exact same hue as the car, then you can ask the dealer for a separate quote for respraying the bumpers while they are respraying the car.

 

[ALFAitalia]

I don't think you could get the C43 in the problem Opal red....so I'm guessing its metallic......and therefore wont be covered unless its still within the factory warranty....no goodwill.

 

[JRHartley]

It is Metallic black, I forget the name of the paint. The bubbling is only on the repainted panel. The car is still under warranty.

 

[MSG2004]

Have you spoken to MB?
There is always a possibility they may say they did not do the respray.
Many years ago my cousin was telling me about someone he knew who hired a car
for a few days, thrashed it and at one point scrapped it against something and the car was damaged, paintwork front passenger door.
The blokes brother worked in a spray shop and resprayed it. The man never heard from the fire people again.
So there is a very small chance they may say they have no record of respray,
Cars can get damaged in trasit or where they are made and I've worked at one place that made cars
and have seen cars that were piisted etc but the door caught something and damaged or idiots keying cars
in the factory - this was years ago when there was a lot less automation

See what they say and good luck