Legal action???

So...I bought a fleet vehicle from the dealer a couple months ago with 17,000 miles on it. Great looking truck, besides the fender flare being warped (so I thought). Have another dealership closer to work look at it and we agree warped fender flare. As I'm looking at the flare again today I notice a paint run near the tail light and the TRD decal just didn't look right. It appears someone taped off the decal, painted, then removed the masking. But you can see a small square where the masking wasn't trimmed enough, leaving a layered area of raised paint. When we bought the truck, we were told the truck was in great shape, no accidents, etc. Having worked for a couple of toyota plants, I know what defects look like and these weren't defects. So I guess my point/question is...is there grounds for legal action under Consumer Protection if the dealer doesn't fix the problem? For all I know I might have a bent or cracked frame and I not know it.

 

How about going back to that dealer you purchased it from and see what they say before asking about legal advice?

 

That was my first step of course...I'm just preparing for the worst. I'm hoping they don't try to make it any harder than it has to be.

 

My advice is always confront with a nice/positive attitude. That said always be firm and hold your ground though. Don't be a jerk because you're assuming at this point. No one likes dealing with a smartass, so just be polite and voice your concerns.

 

I always find I get a response if I tell them I'll burn down their dealership. May not be the response you want, but you'll definitely get a response.

 

First, you need to determine:

1: THAT something is, in fact, wrong with the vehicle.

2: WHAT exactly is wrong with the vehicle.

You cannot start any legal process without a clear definition of what the wrongdoing was. It is not enough to know that SOMETHING was wrong. You need to prove this is a Lemon or just a misrepresented product.

You need to take this truck somewhere, have them Jack it up and get balls deep in that bitch and see what's up. Get a full report from them with pictures of possible.

Then, take it to whoever sold it to you and have them do the same thing. This is for two reasons. First, if they recognize and see for themselves what they've done wrong, AND THEY WANT TO DO RIGHT BY YOU, they will remedy this in some way. Second, if they say it's all good with no issues, you get that report and it builds your case that they are purposely screwing you over.

Take this for what it's worth, but this is exactly the path that should be taken. Keep them completely out of the loop until you know what you have. Do not give them any time to think.

 

Like said, I'd definitely approach the original dealership first about the issue. But with that said, you may run into some problems since you said you bought the truck months ago. They may just pull the "How do we know it wasn't something you did?" card since it has been such a long time from when you bought it. "We were told the truck was in good shape" NEVER take anybodys word on stuff like that. Request a carfax, but even that's not enough. Go over it with a fine tooth comb, climb under it, you noticed the flare was warped, look at it closer, find out why it is. This sounds like something that could have been spotted before purchase.

It may have just been a slight dent or maybe a scratch that he got repainted or something.

 

^ is correct, but I would not go to the dealer first. I behooves you to know what you have before you go back to them.

 

If you cannot prove that they made the repair, you'll have a hard time MAKING them cover it if they're not willing to help. All they have to say is that they weren't informed or have knowledge of it. Now if there is a structural issue, you might have a leg to stand on, but like mentioned I would bring it to their knowledge and ask them how it can be taken care of. They might surprise you and make it right. I've learned never to expect something to go a certain way.

 

A couple months after taken delivery is a long time. The dealership can just play the "it was fine" card since weird things can happen during a couple months. My previous truck got totalled just a few days off the lot. I'm just saying that it won't hold up well in court if you can't find any other documentation like carfax report or similar.

 

Carfax showed clear when purchased but I'm kind of leary of the dealership prior to this happening. The other dealership that is doing the flare replacement is my primary anyways. BUT...at this point I'm going to be nice. Going to be patient, polite, and honest with them. When the other dealer installs the flare, I'll proceed from that point. I will point out what looks to be a defect in the paint, claim on warranty (which is a possibility). If further investigation says "accident" then I'll proceed that route. My biggest concern is if I try to sell the truck as a private seller later and someone asks about the area.

 

So you didn't really do a proper pre purchase inspection? I mean you see it now, why didn't you see it then?

Carfax only shows what has been input into the system, not what has been done 'outside' the system.

For example, I've replaced a door on my truck due to my own negligence, and did not go through insurance. It won't be on Carfax.

I suspect the vehicle was traded in with unreported damage in that area. The dealer soaked them on the trade, did a quick fix, and sold it.

Or the previous owner had a budget repair made out of pocket (no Carfax) and the dealership didn't notice the repair, just like you. Some kid washing vehicles and putting a little liquid wax on it out back isn't likely to notice such a thing, or care even if he does.

And the average salesman only has eyes for your wallet, not vehicle details.

Hoping it works out for you and that proper repairs are easily done on their nickel.

 

The spot that raised question was very hard to see. I just happened to see it when I was looking at the flare. The flare wasn't noticeable until now. I'm thinking the fitment of the flare is stemming from a damaged bed. Since its a fleet vehicle, the dealer was the only owner. I'm requesting a carfax and a copy of records for the vehicle and the salesman who sold it to me quickly abliged. But I told him I needed the records for future reference in case I sell privately.

 

The damage probably helped you get the price you wanted. If it is just cosmetic and it's a used truck I'd say no big deal. If you back into a pole in the walmart lot and need a new bumper do you file an accident report ? That is why the carfax will come up clean.I got my truck used with some bumper damage and scratches on the roof but they only helped me get the truck I wanted for the price I wanted to pay. In the end I will put more dents in it and more scratches .

 

It's not unreasonable that a used vehicle, or even a "new" one for that matter, has had some paint work at some point. We as car people may be offended by that, but the law doesn't really see it that way. Even if the dealer gave you something in writing at the time of sale stating no prior paint work, how could you possibly prove it didn't happen in your possession? It can't be that bad if it took a couple months to notice it. It's likely the sales person and even managers had no idea this happened. They don't know every time a rental goes in the body shop. Lesson learned, always get a pre purchase inspection. When I was selling cars, I remember a time when a customer asked to take a brand new Avalon to his mechanic. We all laughed at him, he came back and let us know several fluids were under filled and a tire had a screw in it!

 

Not that it matters, but I didn't interpret 'fleet' in that way. I thought it just was obtained as part of a fleet retirement.

Many organizations have fleets of vehicles that they buy and sell via dealers. Even the largest beer distributor in our area runs a fleet of Tacomas.

Regardless. If in their ownership/use it was damaged, it's a fairly safe bet their shop fixed it, and no report to Carfax, because no insurance report was filed.

 

Does it drive fine? Any problems other than aesthetics? I'm my opinion, you took delivery and the paint/sticker whatever was close enough that you didn't notice it. You drove it away and have been driving it since without issue. It's a used vehicle. Don't make a mountain out of a molehill. They told you it was a fleet vehicle- you know those get used and abused so I bet you got a deal- or I would hope you did. If it got smashed so hard the frame was damaged I would think there would have been an insurance claim made. But if it got bumped in the lot while at the dealer? A new qtr. panel and some paint and a sticker and it's good to go.

 

If they can assure me no major damage (frame, brakes, etc.) was done I would be 90% relieved. The rest is acceptable if nothing can be done. I would personally like to see it fixed right. But...my biggest concern at this point is safety and future sale if I don't trade. I know I may be thinking too far into it but when you spend $30,000 for a vehicle, you expect some degree of craftsmanship. If I don't worry about I may forget in a few days but it's just...ya know...there.

 

So get a magnet, a soft cloth, and go over the area to see if there is any body filler. Then get on the ground and look hard for anything bent and more importantly shifted. When a fastener, spot weld, and etc shifts it always leaves a telltale mark. Look at gaps between panels and bumpers to make sure they are evenly aligned and the same on both sides. Pretty simple basic stuff that body repairmen and painters know to do but probably not the kind of thing you will generally find a dealership mechanic checking.

In my advanced class we talk about measuring dry film paint thickness, measuring points to ensure things are square, and other "not tee ball" topics. But that class costs $1,500 and seats are limited. The basic stuff is free here on TW.

 

After some serious thought and an inspection from a toyota body tech...I feel better about it. No major damage, just cosmetic. The general manager of the dealership where I bought the truck will be in the office on monday. If they fix it...great. if they decide not to...I may just peel the decal, light sand the paint lines, then put some different TRD decals on it. I have a friend who does signs/vinyls who is working up some designs for me. Figure the fender flare will eventually get messed up during one of my hunting trips or a deer will end up hitting me if I get it fixed.