Leaking diff, we keep your truck???

The dealership held my truck hostage since May 6, 2017 and to this date I don't have an answer from the dealer as to when will they repair my truck . After the 30 days have passed on my truck Ibwill seek other measures and look into the Lemon Law to see if I am a candidate fiebres truck replacement , sorry but it has been 25 days without my truck and J feel this is unacceptable ,,,,

 

Great explanation, but at this point I don't care who is at fault whether is Toyota or the dealership just get it done ! keeping a truck for 25 days and not being able to give the customer a straight response as to when will the customer get this truck back is totally Unacceptable, Toyota needs to have a plan already established if they decided to hold hostage a customer's truck especially for more than three weeks , I need my truck on the road not in a shop !!!!

 

I agree. However the dealers are just doing what they are told. Believe me, they don't want your truck sitting on their lot either. It takes up space, and opens them up to liability.

As for the recall, I'm thinking something is out of spec, not just the nuts not being torqued improperly, or a parts availability issue. It's costing Toyota a fortune keeping people in loaners for months. Believe me if it were something simple they would have you in and out. There is something more to it most likely

It's not like the huge airbag recalls where there are only 4 airbag makers in the world so parts are very limited. Tons of others they could have produce a gasket if their supplier couldn't meet demand

 

No one is keeping your truck hostage... Tell them you want your keys and leave. Anything other than "Yes Sir." involves a police call.

 

I posted this separately, applies to your question:


Based on multiple TW posts, it looks like as of now:

1. If your rear diff is seeping/leaking and your VIN is on the recall list, they are holding your truck until further notice.

2. If your rear diff is seeping/leaking and your VIN is NOT on the recall list, they are replacing the gasket and re torquing the bolts (i.e. fixing it) on the spot under warranty and sending you on your way.

3. Some on TW have wondered or predicted the recall will extend to more Tacoma '16 and '17 models in the future, based on a number of Tacomas not on the recall list but showing seeping.

As of now, NOT being on the recall list seems to be an advantage since you are not at risk for having your truck confiscated if you bring it in to have it checked out.

 

Thanks, this is crazy ...

I purchased a brand new 2013 Challenger (my first new car purchase ) back in 2012 and within a week of owning it there was a recall for a electrical component potentially causing the car to burn down . They called me and said DO NOT DRIVE IT , and DODGE paid to have it towed to the nearest dealership . From there , they issued me a rental which I had for two months while they fixed the car . I ended up trading the car in as soon as I got it back because I had such a sour taste in my mouth making a payment on a vehicle I didnt have in my possession.

I've been Toyota loyal since then ( FJ, 4Runner) , but have never seen some of the Engineering flaws that are on this vehicle.

Kind of crazy . I understand people's frustration with the high sale price these Tacomas are listed at . I bought mine used with 25k miles so I didnt pay nearly what they are selling for new , but to have to do a TSB flash on the ECU for shifting purposes , a leaky rear differential , etc.. i feel like im back in a DODGE

 

Hate to break it to you but that's most manufactures are now. Especially with updates, because everything is computer controlled and programmable now a days. Much have a reflash than a new tranny needing to be installed. I'm not trying to down play this diff issue. I think it's a lot more involved than Toyota is claiming and there is a bigger issue than lose bolts or a bad gasket.

 

Bail! Bail! Bail!

 

You need to examine the "lemon law" statutes for your state, though similar each state's specific definitions differ...

 

I know of one case here (Ohio) with one of the wife's co workers, they had his Ford pickup back numerous times to try to have an issue fixed that was causing a rattle. The situation met the Lemon law criteria, but the case has to go in front of a judge, or a panel...and they determined that the MFG had made him whole so that he did not get to bail on buying the truck. In his case it seemed to be buyers remorse...but his issue still met the technical requirements of the law.

 

Thanks , feedback appreciated, I just hope that I can get my truck back before the end of this month

 

Just go and get it. Here is what I would do:

If the truck is financed call the finance company and tell them you will not be making any further payments until the truck is returned to you.

Call your local sheriff's office or police department and explain to them that the dealer has illegally confiscated (stolen) your truck, that you intend to retrieve it and ask that a deputy/police officer to meet you there. If the dealer gives you any crap tell the officer, in the dealer's presence, that you would like to file a "grand theft-auto" criminal complaint.

The only thing you need to sign is the complaint; do NOT sign any "waiver" or any other document the dealer "requires"--they have no possible or conceivable legal authority to hold your property against your will, or require that you sign a waiver before returning YOUR property to YOU.

Remember this is Toyota's problem, and therefore by extension the dealer's problem--it is NOT your problem, don't let them make it your problem.

In fact if Toyota had better QC (it's not like they never assembled a rear-end before) there would not be a problem...

 

If the recall is labeled a "Safety" recall, then there really isn't much a sheriff can do. Law enforcement does not want any unsafe vehicles on the road. It is not really grand theft auto because the vehicle manufacturer has determined an unsafe operating condition exists. The only options here are, get compensation for any payments made during this hold period and use the loaner vehcicle. The other option is to hope that this would qualify under the lemon law, which would be something for a lawyer to answer, at which time if that process is started they could pull the loaner back into their possession and a lemon law process is not a fast deal.

 

I am scheduling my 15k for next week and I think my differential is also leaking....we will see.

 

Not in Florida. I spoke with a lawyer friend yesterday, a specialist in consumer law. He stated unequivocally that the dealer has no legal right to confiscate your property, or demand that you sign a waiver prior to its "release".

Also, a vehicle is not "unsafe" just because the differential is weeping a bit. Just pull the damned fill plug and making sure it has proper fluid level--it would take longer to get it up on a lift than to check and top-off if needed...

 

From http://www.dmv.org/fl-florida/automotive-law/lemon-law.php

Lemon Law Eligibility in Florida
In order for your car to be considered a lemon, the following must have occurred within 24 months following the date of delivery (the Lemon Law Rights Period):

• The vehicle defect or condition must "substantially impair the use, value, or safety" of the vehicle.
• The vehicle must have undergone at least 3 attempts to repair the same issue.
• The vehicle must have out of service for repair of the defect for 15 days or more.

 

I have not had a chance to look under my truck. What if I have no seeping/leak now, but a year or longer down the road. Will this issue be covered or will it be out of pocket to repair?

 

I agree that there is no reason for the dealer to keep a truck that is weeping a little bit, it seems like it would cost toyota more to supply loaners than it would to have the dealer set up a routine check plan with customers. Lets say the dealer sets you up with an appointment once every two weeks to bring your truck in and check the diff fluid. If no signs of excessive leaking you go on your way and do this until a fix is available. A little inconvience to the customer, bit not as much as not having a truck you are paying for.
The only thing I was saying is, the key word here is Safety Recall. They label it safety and the dealer and corporate can do whatever they feel is needed.
Your lawyer friend is probably correct, but lets say the vehicle was driven off the lot, for some reason the diff locked up, guess who is not liable now. You just drove a vehicle with a safety recall tagged on it, you became liable for any and all damage, not Toyota.
Just a thought. The little man does not have enough money to hire a lawyer that can beat a corporations law team.

 

This has got to be one of the funniest threads in history.

TW crowd-Toyota is keeping my truck because I took it in before I received my recall letter and the dealerships have not been told how to fix the recall issue. They are stealing my truck, I am calling the cops.

If toyota did not issue a recall
TW crowd- Dam it, when is Toyota going to do something about the rear ends failing and causing a safety issue, they should pull them all from the road.


Well guess who ever said "You can't make every one happy" hit the nail on the head. Or in this issue, Sucks to be Toyota as they are damed if they do, damed if they don't

 

Please advise as soon as someone has confirmed solid legal advice as to what you can do as a disappointed customer and if there is a slight chance that you can request a replacement new truck if the dealer holds your truck for longer than 30 days in "out of service" status, I guess put in another way , can the dealer hold your car for as long as they want if they provided you with a loaner equal or similar to your truck ?