Legal Question in Consumer Law in Massachusetts

1.My wife and I we have found a brand new 2009 Mazda CX-9 on mazdausa.com. We have requested price of the car through that website. Next day Rick from Quirk Mazda, Quincy MA responded with the price - $25,500 plus taxes and fees. I have sent an email back to Rick with my offer which was $25,000 even. He accepted it and we scheduled a meeting on Sunday 10/11/09.

2. On Sunday 10/11/09 my wife and I we were talking with a salesman named Rich Vanghan. We went through all paperwork and scheduled the pick up time of the new car on 17/10/09.

3. On 10/16/09 in the morning I contacted the salesman, Rich, asking him if instead of Saturday 17/10/09 could we pick up the car today, Friday 16/10/09. He said, yes, the car is ready for you. We have picked the car up about 1:30 pm with 60 miles on odometer.

Came back home, and on our driveway I have spotted a small scratch on front bumper. Looked like a small rock from other car�s tires caused that on a highway our way back home. After closer look at the front bumper, turned out, that the bumper was repainted with a hand paint spray. I called Quirk Mazda, talked with same salesman, Rich. He said, he had no knowledge of any damage to our car. I also talked to General Manager, Phil, and he said that he does not know abut any damage to our car, but he has to see the car.

4. On 17/10/09 Saturday, the next day after talk to General Manager I went to Quirk Mazda. At dealership I have met my salesman Rich and General Manager Phil. Phil told me that there is nothing wrong with bumper, this is a factory painting. I have called Quincy Police Department to have a report that that day I was at dealership lot again.

5. On Monday 19/10/09 I have contacted Mazda factory representative, Frank at 800 222-5500 ext. 1154. Frank promised to talk to the dealership. Frank called me the next day telling me, that I have to go back to dealership so Mike, Service Manager will take a look at the car and tell him, the factory rep about the damage of front bumper.

6.On 10/22/09 Thursday I have met Mike. He looked at the bumper and told me that it was a delivery damage and that factory paid our dealership for fix $150.00.He also said that, dealership did not have to disclose it because it was not over $500.00.

7. I have taken 2 independent estimates and each of them is above $500.00

8. I have talked to Quirk Mazda and Mazda Representative again and they both refuse my demands, which are:

a) brand new factory painted bumper and problem solved or,

b) repaint bumper by collision center I choose plus, discount on the price of the car due to repainted bumper and diminished value of the brand new car, or

c) as a last solution,undo the sale, full refund and all extra expenses cover by dealership

What are my option in situation where neither dealership or factory take responsibility.

Tom Mroczkowski

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