New Truck Wasn't "New"

I googled retirement portfolio and it sent me to TW.

 

And automotive design engineers

 

Needs more cup holders

 

Subbed on the edge of my seat for the outcome.

 

I stepped off the curb and into mine for the test drive, now I have to enter from the passenger side, do to Toyota skimping on grab handles.
Very frustrating.

 

There’s a certain emotional value at having been the only owner, particularly off a 10+ year old vehicle. I bought a 2 door weekender recently and I REALLY struggled between a new one vs the used one with the flat six I love. The emotional value of buying and holding a new vehicle almost overcame my love of the manual flat six. Almost.

I loved that my 10 year old FJ was a single owner.

Just saying that there’s more to the value of a vehicle than just the miles on it.

 

Licensed lawyer? Disagrees? Offers nothing. Anyone can say they are a licensed lawyer on the internet. Opportunity to chime in your own personal knowledge and don't??

Sounds like a bunch of bullshit!

The burden of proof is on the plaintiff! There is nothing to disagree, the standard of proof is the only thing that varies

JoeCOVA esq.

 

That and the OP only claims to be one after 7 pages into the thread. Even if consumer protection law was not his field as a lawyer, one would think he could find counsel in other lawyer circles rather than soliciting shit house lawyer advice from random strangers here.

 

I traded one in. This information is incorrect.

 

Didn't ask for "shit house lawyer advice." I asked "Has anyone here worked at a Toyota dealer?" to get opinions from people who have worked for dealers.

In addition, I think a lot of the advice was very informative and substantial.

 

I didn't disagree with your identification of the plaintiff bearing the burden of proof.

I disagreed with your statement "making a mistake... is NOT gross negligence." Negligence is defined as conduct falling below the professional standard of care, failing to comply with the community standard of professionals, or occasionally unreasonable risk creation. In any definition, selling a truck without knowing and checking to see if it is new or used is, in my humble estimation, negligent.

 

Sounds like a paperwork mistake which is a simple oversite. Doesn't sound like they didn't know the vehicle was new or used. But you don't have to convince me, you have to convince a judge.

 

For someone that claims to be a lawyer, you carry the conversation pretty funny then. Would have thought most of the issues discussed would have been a no brainer for someone educated as such. Either way, hope it works out for you.

 

if you think misidentifying a $35,000 object as "new" vs. "used" is a "simple oversite [sic]," I think that's a minority opinion.

if this was a missed Burger King order, I'd agree. However, this was a pretty big financial transaction which required double checking the important facts.

 

As someone in the medical field, anything less than perfection (and positive outcome) is often perceived as negligent. I suspect that the ‘effective standard’ is less in other fields.

I can see how the mistake could happen, and it’s because someone didn’t do their due diligence and simply trusted what the other dealership told them. Their fault wasn’t in selling him the used truck. Their fault was in not verifying the status of the truck before accepting and selling it.

They trusted, and got stuffed.

 

The dealership has lawyers that will eat you for a snack. Your making a huge mistake and the paper work you signed is in favor of the dealership including arbitration agreement and legal costs . Good luck buddy

 

Nail on head.

 

That is the same argument people make when they have a quality issue. They want to relate high cost to a higher quality expectation when the reality is that mistakes are made regardless of cost. The dealership made a $35K mistake, it happens.

 

California Lawyers Per Capita:
42.7 per 10,000.

 

Tell them you want a free Tacoma bed mat & be on your way.

Obviously you were looking for a specific truck that your dealer didn't have hence the trade. It was probably an honest mistake. Inventory at these huge dealerships has got to be crazy!!!

Also I find it funny how some of these guys on here mock people for not taking a super long extended test drive to make sure everything is good to go, but then no one wants to buy a new truck with a few hundred miles on it