Need some advice on bad purchase

3 weeks ago I bought a 2004 Tacoma with 190,000 miles. While looking at the truck I asked the owner about the frame. He said, flat out, the frame was replaced under warranty. My wife was also there to hear it. He brought me over to the passenger rear wheel and showed me a nice section of rear frame to prove how good the frame was. I now learned he paid attention to this section of frame only and painted it black so it looked good. The rest is really rusty.

I did look under the vehicle and at the rear frame and it looked fine.

After buying the truck and spending $700 on new shocks, brakes and minor repairs I see a huge hole in the frame near the cab area and behind the front wheels. In my mind there is no way this frame was replaced and the seller knowingly or unknowingly lied about the frame being replaced. In my mind this car is not safe to drive.

I shared the pics with him and asked for the paperwork showing the frame was replaced and he promised to look for it.


I know the "buyer beware" laws but wonder about a case where the owner says a recall was done and it was not a truthful statement.

I am planning to give him the truck back for a refund and let him keep the extra stuff (shocks, brakes, etc) and part ways. I wonder legally what options I have.

There was also many other items he deliberately hid during the sale (I think the truck was flooded) and I think this falls on me.

But if someone lies on such a serious safety issue, what recourse do I have?

 

If he's willing to take the truck back for a refund and you're only out $700, I would consider yourself extremely lucky. As far as I know the only option if he said no would be legal recourse, and that can get expensive and timely. I would chock it up to a $700 life lesson to inspect vehicles more closely before purchasing. Best of luck with whatever you decide.

 

I assume you're in the US; can't say for sure, but I would think that since he made a declaration regarding the frame, if it proves to be unfounded, you could pursue a fraud case, and I would think Toyota would be able to tell you if that VIN had its frame replaced. That said, I doubt it would be worth it, since my [very limited] knowledge of civil court process in the US tells me that by the time you were done, and assuming you won, you would be out of pocket more than if you'd simply driven in to the back yard and let it rot in to the ground.

 

well this totally sucks OP
was it a private seller or a used-lot dealer

 

Private seller. It is a shame since I really enjoy this truck. The previous owner just lied about so much of the truck it's unfortunate.

 

Private sale is ruled by the bill of sale. Bills of sale default to purchase made as-is condition. Anything stated during the transaction between private party and not expressed in bill of sale wouldn't hold any water legally, I'd imagine at least.
I'm shocked you missed a hole that size. Doesn't matter what any seller says, they can say whatever they want, YOU HAVE TO PROTECT YOU AND YOURS. It's on us to do our own due diligence and not fall for the common victim mentality that is infecting every aspect of our culture it seems.
If you can get him to give the money back, consider yourself very lucky and buy him a steak dinner. That is way above and beyond what I've heard any seller do

Edit: I want to clarify that I was not saying the victim mentality about you or your reaction. I think your stated options and things you're looking into are completely appropriate.
It was more a reference to the 'complain and sue everyone else for my mistakes' that is all over the place. Not you. Just wanted to be clear homie

 

If seller refuses return options for repairs are available.

 

I saw the Safe T Cap product too. Seems like a decent option - I just wonder what the real condition of the rest of the frame. The rear section seems decent but there is a lot of surface rust. I imagine it's not as good as I think it is.

 

If you're interested in sinking money into repairing the frame, I'd absolutely run a cam in there and see what is actually going on in the frame

 

Like a borescope, they even make them to work with the cell phone. Pretty slick.

 

lies, deceit and BS (ignorance or non) is all over the place out there, what to do what to do what to do....

 

Also, what location are ya? If you're in New England area....... I don't think there is much hope for that frame, unless you are a welder/fabricator.

 

i got one of those things and pulled some fairly decent pics with the LED light, which is not ideal light

 

Thanks for the condolences I am in Michigan and we see a lot of salt on the roads.

 

mid west for the win gotta save these old trucks around here!

 

He's already agreed to take it back and give you a refund?
If he doesn't, which I would assume he won't, then you have no leg to stand on unfortunately.

 

This is what I did. Its not super informative, but it does help.

I also picked up an ultrasonic thickness gauge to see if I could get an idea of where it sits thickness wise. It gave me some confidence that the hard to inspect parts are still good:

Ultrasonic Thickness Gauge, Digital Thickness Meter Tester, Range 1.2-220mm, with Hard Storage Box

https://www.amazon.com/gp/product/B07QGZ94D3/ref=ppx_yo_dt_b_search_asin_title?ie=UTF8&psc=1

 

None. Sorry man, but what you need to get from this is a serious lesson learned. You can see that hole form a mile away, you kinda sorta should have seen it... You're not the first, and I'm sure you won't be the last.

If this was purchased from a dealer, and you had in writing the condition, that's one thing. But in a private sale, it's honestly your word against his. A private seller is under no obligation to know ANYTHING about the vehicle they are selling. When I'm looking at a used vehicle, I prefer they just give me the receipts and shut the hell up and let me look at it.

That said, the frames that were replaced were identical to the old ones. They are JUST as susceptible to rust as the old ones. So it's entirely possible he was not yanking your chain in that case. He just didn't take care of the new frame once it was replaced.

You can run the VIN and see if it was actually replaced, but that's kind of a pointless exercise. Knowing if the frame was replaced doesn't change your situation, and the warranty has expired so you're not getting a new one from Toyota.


I HIGHLY doubt he is going to take the truck back, and is under no obligation to do so.

The way I see it you have a couple choices:

1) Cut bait and sell it as a parts truck, and learn from your mistake

2) Double down on this and turn it into a project. Go all in on researching this site on how to address the rust (inside and out), arrest the rust, and frame plate the shit out of it.

2a) is to find a donor vehicle with a good frame and swap it.

 

This post made me wonder. Is there a way to contact Toyota or someone else to verify if the frame has been replaced. I don’t think stuff like that shows up in a Carfax or anything like that.

 

I don't really see the point. A replaced frame, if poorly maintained, can be just as full of holes as an original. Best tool is inspection.