Thank you for your follow-up. This is a situation where since you did not recognize the damage right away, the dealer does have a potential defense that this was not caused while the vehicle was under their control. I agree that they are responsible if you can prove the vehicle was damaged even after sale because they still owed a duty to protect the vehicle under a 'bailment' theory but here even that is unnecessary since the real transfer took place allegedly after damage was already done. I do not quite see this as a consumer protection issue as this isn't quite a misrepresentation, and I am not quite seeing as a claim to the Better Business Bureau although that argument could likewise be made. What I see this instead is a small claims court petition for damages based on breach of promise and for negligence under which the vehicle was damaged. That would require you to sue in Oklahoma where the vehicle was purchased, and pursue them via local court (since that is where allegedly the damage took place, and where the defendant is domiciled). You do not need an attorney to file, this would be done by you for damages and for filing fees against the dealer.Hope that helps.
Thank you for your follow-up. Please permit me to assist you with an additional explanation.A 'breach of promise' is an implied promise to keep your vehicle in the same shame that you contracted for before you picked it up. This is the bailment argument, that they owed a duty to ensure that the vehicle was properly cared for before you had a chance to pick it up.A negligence claim is a similar, and is a claim that they owed a duty to maintain the vehicle, the breached that duty, and due to their failure to of that duty the vehicle suffered damage. They did not cover or store the vehicle in a manner that would have avoided damage.You would need to travel to that state to represent yourself, or retain counsel. but based on the value of your claim hiring an attorney may cost more than the underlying cause of action, and therefore avoided.Good luck.
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