New Truck Wasn't "New"

I got a new 3rd gen last week with 420 miles. I got a call from the dealer and they said we have to "re-do your paperwork" because the truck had already been sold and technically wasn't "new." It was advertised and sold as "new" truck at a corresponding price.

I did some research and found the following under California Vehicle Code:

430. A “new vehicle” is a vehicle constructed entirely from new parts that has never been the subject of a retail sale, or registered with the department, or registered with the appropriate agency or authority of any other state, District of Columbia, territory or possession of the United States, or foreign state, province, or country.

(Amended by Stats. 1994, Ch. 1253, Sec. 6. Effective January 1, 1995.)

Has anyone here worked at a Toyota dealer? What the heck is going on?

 

Sounds like it actually was sold, then the 1st owner brought it back, and your the 2nd owner.
e.g. this doesn't sound like it's a case of "this is our test drive tacoma, hence the miles".

 

Lawyer up

 

I also found this:

11713.
A holder of a license issued under this article shall not do any of the following:
(d) Advertise or represent a vehicle as a new vehicle if the vehicle is a used vehicle.

 

I had a similar thing happen to me by a Nissan dealer in IL. If they sold you a new car they owe you a new car not to redo paperwork. If the vehicle was previously sold or registered you should be able to exchange the vehicle. It took some fighting but the dealership did eventually switch out the car for an actual new one. I had a little bit of leverage though bc I owed them about half the value of the car.

I am not a lawyer by any stretch nor do I have any experience with CA car dealerships or laws.

 

To me new is like 2 or 3 miles tops, if I hit 5 miles on the test drive I'm happy but anything over that and it's not new to me. YMMV

 

What did the dealer say when you first drove it? Did you ask why it had 400 miles?

 

they had to deliver it from the bay area. didn't think anything of it.

 

Did you pay new price?

 

it was a dealer swap.

 

yes. negotiated from MSRP down from $36,8?? to $35,000.

 

Then I agree, no redo paperwork, new truck, or used price.

 

My truck was transferred from a different dealer and had like 80 miles on it. The dealer that originally accepted delivery was 63 miles from the selling dealer. No biggie to me.

My FJ had .8 miles on it when I rolled it out of the showroom floor. It was a huge turd.

I wouldn't buy a vehicle as new with 420 miles on it though.

 

Did you test drive the truck before buying it? Did you know it had 400 miles?

 

Id unwind the deal and get a different one... you never know the reason for the 1st person to return it. Not to mention you are now paying new money for a technically used vehicle.

Just my 2cents

 

Do you want an actual new vehicle or a discount? Call a lawyer licensed in your state who specializes in this stuff. Some will give a few minutes of their time and some free advice. Don't sign anything from the dealership again if it feels funny to you.

 

If it was a dealer trade it's probably the fault of the dealership of origin.

I wouldn't get a lawyer before you talk to the GM and/or owner of the dealership you bought it from. See what they say, but don't simply settle for a used vehicle that was listed as new

 

When I buy a new car , I ALWAYS ...ALWAYS tell the salesman I don't want one that's been test driven or sitting on the lot . I want one straight from dock . I don't care how long I have to wait. When people go test driving, it's full throttle where they can before warmed up. It's not their car). I'm anal about cleanliness, squeaks and oil.
The Turbo Carrera was 10 months wait. That was fine. I got it at 3 miles. The Tacoma was 2 months wait and 5 miles. The Tacoma and Carrera have been great vehicles.

420 miles is a lot for a new vehicle. I wouldn't have touched that unless you got a really good extended warranty and price.

 

Agree

 

Yeah, that. Have a printed off copy of the laws with you, let them see that you have it with you, and don't sign anything until you get a new vehicle or a heavy discount on the current one.