New A4 w/ clearcoat damage

[Andrew Lundy]

Don't think he has much.....witness or not.  He and the dealer have a
written agreement about the car.  There can be NO oral agreements in
conjunction with a written agreement.  At the time the written agreement was
reached everything must be in writing....NO oral agreements can be used
along side written agreements.  Sure you can make oral agreements but they
will not be enforced by the courts.  This is why they have conditions in
agreements!!

His only possible argument is that there was no "meeting of the minds" on
the deal.  It depends when the deal was done.  If the deal was done prior to
any discussion about the sap....he's got nothing (IMHO).  If the deal was
done after the sap discussion...then maybe!!

Of course this is the US we are talking about after all.  "Justice" can
always be reached if the pockets are deep enough!!

My $.02
---
Andrew Lundy
fast928 at prodigy.net
90 80q
95 90q
----- Original Message -----
From: "Craig D. Niederst" <niederst at telerama.com>
To: "Quattro List" <quattro at audifans.com>
Sent: Wednesday, July 18, 2001 6:10 PM
Subject: New A4 w/ clearcoat damage


> A co-worker of mine whose '98 A4 2.8Q is coming off lease just leased a
new
> '01. Its black, so every paint defect is very obvious. When he bought the
> car, it had spots on all the horizontal surfaces, which the dealer said
was
> sap from sitting near trees. They supposedly tried to remove it before
> delivery, and he picked up the car when it was raining so a close
inspection
> was not possible. So he signed the papers, and took the car home. Spots
were
> still there, turned out to be severe acid rain damage. They tried to buff
> them out, but they are still there, and now there are severe swirl marks
in
> the finish. He had driven the car for 1 day and a total of 25 miles. He
> demanded a new car on the grounds he was told it was sap and it wasn't,
and
> they blatantly refused. He called AoA, and they said this was a dealer
> issue, and while they would call and talk to the dealer, they could not
make
> them give him another A4. They are offering to repaint the hood, roof and
> trunk, but working for a paint manufacturer, he knows refinish paint
> basically sucks compared to OEM (chip and mar resistance poor, more
> fade-prone). He has left several messages with the dealer (including to
the
> general manager), and they do not respond to his calls (service manager
has
> been the only person at the dealer who has talked to him from the
beginning
> of this fiasco, sales guy was totally useless). He is probably going to
get
> a lawyer involved, but what, if anything, is he entitled to? Anyone else
> have a similar problem or gone through a similar situation? TIA.
>
> Craig
> '92 100S (93k)
> '86 CGT (199k)
>
>
>