New 2023 unknown damaged during delivery

I’m new to the forums and could use some input. We are in the process of trading in our 2019 Ascendant for a 2023 Ascendant. We were waiting for it to be delivered to the dealer. It’s not a special order, just a stock car, the 2023 Ascent Premium, that hadn’t gotten there from Boston yet. Was supposed to be there 4/25. The seller told us it was damaged when they were loading it onto the truck for delivery. He then told us that we could pick up the damaged vehicle after it was repaired for a discounted price OR he would call other dealers to see if they had what we were looking for. He didn’t know how bad the damage was. We say no to taking a damaged vehicle and waited for his call to find another one.

A few days later he calls back to say they actually have another car identical to the one we originally wanted coming on 5/2. My optimistic husband said great, we’ll get it. I said it sounds fishy.

It was supposed to be delivered late last night (Tuesday), so they need a day to get it all ready.
Our plan is to go pick up the new car on Thursday. He already contacted the insurance company and understood everything. On our insurance, they listed Chase as the lien holder, meaning the dealer would have had to have our financing approved or pre-approved.

The problem is that I downloaded the original damaged car’s window sticker from the dealers website when we first started this ordeal (before Easter and before the damage) The new car’s VIN number which is listed on my new insurance and that in that damaged car window sticker is the same. IDK what to do at this point. VIN numbers are car specific not transferable (right?) So either he gave the wrong VIN to the insurance company OR he is trying to pass off the damaged vehicle we said no to as another car.

I’m really angry about this. I am at the point where I want to cancel the entire transaction. I feel cheated and lied to. I don’t even know if we can back out at this point. I don’t know if there are laws that prevent them from selling damaged cars as new in NY. IDK if this falls under the lemon law.

I wish there was an explanation that doesn’t involve our salesperson/dealership trying to scam us, but I can’t see one.

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