In a message dated 96-02-16 10:58:27 EST, APOWELL@agcom.tamu.edu (Al Powell)
> Cars are sometimes dinged or bumped on
>the lot and repaired by the dealer. This is not considered to have been
>an accident, and the car is new with the damage properly repaired.
This is an interpretation that does not hold up in some states. Items which
result in repaint or significant repair (typical of dealership lot damage and
port of entry damage) must be disclosed in many states and/or the car cannot
be sold as a new car.
BMW and some disgruntled owner just argued a similar case in front of the
Supreme Court on a repainted "new" BMW. Flawless work, but a pi**ed off
owner when he was advised of the repair by a mechanic some months after the
purchase. The lower court awarded the owner several million $ in punitive
damages. BMW is appealing because of the awful precedent this would set
(from their point of view). The court decision is pending, probably not
before this summer.
You should check your state law to see if you have any recourse - assuming,
of course, that it is a problem worth pursuing and that the dealer and you
can't work out an amicable solution.