Dear Consumer Ed:  

I took my car to a car wash. When I got it back the air freshener device was put in upside down, causing liquid to stain the console. The manager is refusing to take responsibility for the damage, saying that if I had not put the air freshener in the car, this would not have happened.  What are my rights?   

Consumer Ed says:

The car wash owes you a “duty of ordinary care” to prevent damages to your car while it’s in its custody.  This is because of what the law calls a bailment, which arises when you deliver your property to another person exclusively for some agreed-upon purpose.  A bailment was created between you and the car wash operator when you gave your car to them for cleaning.  Accordingly, the company may be liable for the cost to fix the damage that occurred due to its failure to exercise ordinary care.  However, even though your property was damaged, you may still not be entitled to compensation if the car wash has a sufficient disclaimer that limits its liability for damage done to your car, e.g., if the car wash gave you written notice, or if there was an implied agreement between you and the company to that effect. This written notice might be in the form of a receipt or service ticket with a disclaimer that states something to the effect that:  the company will not be liable for any damages to your car, and your acceptance of this receipt or service ticket indicates that you are aware of this policy.

However, not every disclaimer is sufficient to waive your rights. If the language of the disclaimer is confusing or unclear, or if it’s in a location on the ticket or is printed so small that you couldn’t reasonably be expected to have seen it before you became obligated to pay for the services, then you can argue that the disclaimer was ineffective and does not apply.  Many car wash companies try to avoid bad publicity, so you may want to speak with the manager again or with the owner of the company about your damages.  If after speaking with both of them, they still won’t agree to compensate you for your damages, you may want to try speaking with corporate headquarters if the car wash company is a franchise.  It’s very important that you document any complaints you file and take pictures of the damage done to your car.  If you exhaust all communications with the company (and/or its corporate office) and still can’t get any relief, you may want to file a complaint against the car wash company in small claims court.

To avoid this kind of problem in the future, you should check a car wash’s damage policy before using its services.  You can easily get this information by asking an employee about the damage policy, or by reading any damage policy which may be posted.  If you can’t get a straight answer from the employee, or you’re not satisfied with the company’s damage policy, it may best to avoid that particular car wash and find another.   Whenever you get a car wash, you should immediately inspect your vehicle for any damage (preferably before you leave the premises).  If your vehicle has been damaged, speak to the car wash manager or owner as soon as you discover it.  They may require that you file a complaint or report.  The company’s final decision on the damages may be to reimburse you for the full value of the damages, a portion of those damages, or it may deny your claim.  If you are denied, you may want to contact an attorney, depending on the extent of the damage to your car.

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Dear Consumer Ed: 

What is the law regarding a used car dealer keeping a consumer's deposit to hold a car pending adequate financing?  I was denied financing.  The dealer refuses to return my $4000 deposit. No contract was signed.

Consumer Ed says: 

If no contract was signed, the dealer should not keep your deposit, even if under ordinary circumstances the terms of his contracts allow him to do so.

To get the dealer to give back your deposit, the first thing you should do is write a letter to the dealer requesting that your money be returned.  Before you send the letter, you may want to consult with an attorney who can actually assist you with writing the letter, as well as with taking legal action should that become necessary.  You can also submit a complaint to the Better Business Bureau (www.bbb.org) and see if their mediation department can negotiate with the dealer to get your deposit back.  You can also submit a complaint to the Governor’s Office of Consumer Protection at www.consumer.ga.gov or by calling 404-651-8600 or 1-800-869-1123.

If you used a credit card to pay the deposit, you should also consider disputing the charge with your credit card company.  Even if you take this route, the assistance of the Better Business Bureau and the Governor’s Office of Consumer Protection described above may still be helpful. 

For future transactions, you should always take the following precautions:

• Select a reputable auto dealer.  Check them out with the Better Business Bureau.
• Ideally, arrange for third-party financing before you go to the dealership so you know the amount of money you can borrow.  At least contact your bank or credit union to find out what interest rate you would qualify for, so you can compare this with the dealer’s financing offer.
• If you do finance through the dealer, wait until financing has been approved before you take possession of the vehicle.
• Before signing anything, give yourself a cooling-off period.  Take your time, think it through, and don't let the salesperson rush you into anything.
• Carefully read all provisions of the contract.  If there are blanks in the contract, ask the dealer to complete them before you sign.  Ask questions if there are items you don’t understand.
• Keep records of all monies you pay in the transaction, and don’t pay with cash.
• Insist in advance on a written assurance that, if your financing falls through, your deposit will be fully refunded and your trade-in will be promptly returned to you. Also, get assurance that if credit terms change, you can cancel the deal.

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Dear Consumer Ed: 

I purchased a brand new 2012 car, and when I got home I noticed it had been previously damaged and repaired (paint runs/different bolts), which the dealer never disclosed to me. I have talked to the dealer three times since discovering this. They keep saying they will replace the vehicle but refuse to put it in writing. It's been two weeks now. What can I do?

Consumer Ed says: 

There could be two kinds of problems in connection with a new car. First, there could be a defect in the car that occurred during the manufacturing process. In that case, you would be protected under the Georgia Lemon Law. However, it doesn't sound as though that's what your issue is. It sounds as though you're dealing with damage to the car that happened after the car got to the dealership.  A dealer is required by law to inform the buyer of any damage to a new vehicle that the dealer is aware of, if the cost to repair it was more than 5 percent of the manufacturer's suggested retail price of the car.  The dealer is also required to disclose any damage to the paint that he is aware of which costs more than $500 to repair.  On the other hand, a dealer is NOT required to disclose damage to glass, tires, wheels, bumpers, radio, or in-dash audio equipment, regardless of cost, so long as the item is replaced with original or comparable equipment. If a dealer does not follow these disclosure requirements he is in violation of Georgia’s Fair Business Practices Act.

If you think the dealer violated the law, you should speak with an attorney.  In addition, you can file a complaint with the Governor’s Office of Consumer Protection at www.consumer.ga.gov or by calling 404-651-8600 or 1-800-869-1123.

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