New Truck Wasn't "New"

OPs dealer didnt do anything wrong. In fact, they were the ones that contacted him, so that means they were just as surprised.
We don't know why the truck was returned to the original dealer so we cant make assumptions there either.

 

OK, it's pretty clear you do not understand how laws or the justice systems works. The burden of proof is ALWAYS on plaintiff. Yes YOU have to prove it. Making a mistake and then informing someone of the mistake and attempting to correct it, is NOT gross negligence.

 

well, they also lied to me on other things. They told me they couldn't get the trim/color/transmission I wanted because the closest one was in Washington. I found the exact truck an hour away that same night. They have no credibility with me at this point.

I don't care about "mistakes" or not. If you sell a new truck, it's your responsibility to know that it's new.

They just told me on the phone they wouldn't adjust the price to reflect the "used" nature of the truck. I'm going in tonight.

 

as a licensed California lawyer, I respectfully disagree.

 

I humbly disagree. Selling a vehicle as "new" when it is not is the pinnacle of violating consumer protection laws. As a licensed purveyor of cars, it is ones RESPONSIBILITY to know that the vehicle is new. Licensing boards go after people for stuff like this all the time.

 

If you like the truck and they will not reverse it i would try to get it certified used

Yeah yeah you still will be second owner but have the dealership do the certified used inspection and give you the certified used warranty (100k miles)

 

I don't disagree that there was a mistake made that needs to be addressed and righted, but after reading some of these posters expectations, I thought it might be a good idea to help keep this thread rooted in reality.

e.g., the phone call you just experienced..

Good luck at the dealership, seriously.
And stay composed, Dr.

 

As a automotive finance manager you are not gonna win this one good luck

 

Win what? If the dealer is voiding the original contract, he sure as hell isn’t required to sign a new contract he doesn’t agree with.

 

Good luck and please keep us posted.

 

Well, then lawyer the fuck up.

All kidding aside, I am glad you are. This is gonna be fun.

 

The dealership only informed the op because they couldn’t register it, they are not doing this out of the goodness of their heart.

And every one of us would be pissed off if we found out someone had owned what you thought was a brand new truck. Doesn’t matter why it was returned, some one else owned it. And I would be very concerned if it was returned because check didn’t clear or financial issues, as this shows a lack of responsibility on the previous owner.

If they don’t offer a refund or extended warranty then I would request the deal gets cancelled and ask for more when they start making offers to keep you in the truck.

 

How much does a vehicles value typically drop when you drive it off the lot?

 

about half, if it was a honda ridgeline

 

You are correct only the original contract is what he is legally held too. If a car has never been registered it’s still brand , I didn’t read the post in full detail we sell trucks cars etc all the time with miles some are managers demos others are unwinds. Happens all the time

On the other hand if the truck had been registered and sold as brand new then you have full legal recourse on the dealership. Lying and misleading customers is not something Toyota or the DMV takes lightly.

 

This ^^^

Many gms and owners will step and and do the right thing even if it’s costs them money. Cost of doing business and dealer trading

 

Not sure if it’s been a said yet (still 5 pages to go), but Carfax relies on reported data. It’s possible the original sale hasn’t been reported yet.

 

With all due respect, with you being a lawyer, TW is not where I would seek advice on this type of matter.

No offense to any members. Just sayin.

 

Who knew TW had so many lawyers

 

Just as many financial advisors too.