Tips on Buying Cars: new car delivered with damage, buying a new car, detail shop

Question
Hi Jeff, I bought a new Honda Accord last week. At 11:00pm, the car was delivered to me fresh from the detail shop and that is when I saw that there was damage to the paint on the hood, roof and trunk of the car. My salesperson apologized, told me the car had been egged on the lot and told me to bring it back for a complete buff out, assuring me the marks would be removed. Well, after two trips now to the detail shop, the marks are better, but not gone. Now they want to put me in a rental car and re-paint the areas that were damaged. I'm not comfortable with this. I intended on buying a new car, not a repainted car. So, any suggestions for me? I'd like them to swap me out to another car, but of course they haven't offered that yet, and didn't seem to take my suggestion seriously.
Thanks for your help,
Barbara

Answer
The first dealership I sold for had a large sign in the showroom, and it read: "spoken promises lead to misunderstandings- we will gladly put all promises in writing."  Situations like yours require that EVERYTHING be put in writing.  You spend a lot of money for any new car, so I understand your desire for it to be "truly new."  Even the best dealerships may have to perform some minor touch-up on a new car, but having to repaint large areas can be a different matter (if your new car happens to be silver, then it can be almost impossible to match the color properly).  Legally, we're in a gray area, as they probably are not required by law to give you another new car; it wouldn't hurt to discuss it briefly with an attorney friend and get their take.  If they won't give you another vehicle, and if a lawyer feels it would be a waste of time and money to pursue it in the courts, then here's what I would insist on: a written, iron-clad satisfaction guarantee that if ANYTHING ever goes wrong with the re-painted areas, they'll repair the car at no charge (and do it as many times as it takes to make you happy), for as long as you own the car.  I'd want this signed by BOTH the dealership's general manager and owner, and notarized by their corporate attorney and/or a local notary public.  You'd be totally within your rights to insist on such a document, and just the hassle of having to prepare it for you may be enough that they'll give in and get you a new replacement model.