Frame Recall - Bought a lemon

Terrible to read this and see what happened to you. I would visit the dealer who sold you the truck. Maybe they didn't know either? I live in a state that has a fairly decent Lemon Law. The main clause is that if the vehicle can't pass the state inspection, you are entitled to get your money back. That truck would not pass inspection in my state and I'm sure that's the case in most states.

I wish you all the best in getting this resolved. This should be unacceptable to do this to someone and would have sunk me too. (the initial $$$ outlay and the costs to repair) Did you finance it? Maybe the bank can help you. It's amazing/unbelievable to see that kind of damage: regardless of years, miles, or what state it has lived in.

 

2017 it passed NY inspection and 2019 it was registered on Florida, and renewed in 2020. It’s fairly easy to buy an inspection sticker though so I don’t hold too much weight in that now…

 

Was this private party or dealer? Have you contacted seller to at least request refund?

 

OP stated multiple times it was private party and they have not received any responses from inquiries about the state of the vehicle.

 

What bothers me as much as the horrible rust is the attitude that you are assuming the loss. I sure as heck would not. The person who sold this vehicle had to know....even a simple tire change would show the problem. Don't just roll over and take it.

How long ago was the sale...put a bank hold on the check if payment is still in the works. I would tell the seller I want my money back...all of it, every penny...and that you placed my son's life in jeopardy with this vehicle. I would also state that you are willing to take legal action....plus you plan on calling the local news channel and give them a great story. By the time I was done the seller will regret ever listing that truck. Either fight or take the loss. Your choice.

 

That rust is so extensive i'd say sell it for parts and take the loss.

 

Why should she take the loss? Bad advice.

 

This. Even a private sale has SOME protection state to state. Just look up this stuff fast in case you have limited time

 

@Snitz, talk with an attorney.
A few questions. You don't need to answer these here, in fact, I suggest you don't talk about it here anymore until you talk to an attorney.
1: Did you have email correspondence with the seller?
2: Did you sign a written contract/bill of sale that clearly says "sold as is"?
3: Did the seller state in any written correspondence that the vehicle was in very good condition without mentioning the rust? <This is your main hope of getting it squared away in your favor. If they overstated the condition of the vehicle when the vehicle was in fact unsafe for operation in public roadways.

Your options against Toyota are pretty much nill. Unless the dealer take A LOT of pity on you, which doesn't seem to be the case. Plain and simple, you are out of the timeframe. Your best hope would be that the seller knowingly and grossly overstated the condition of the vehicle. This is where a lawyer would get involved and could possibly get it in court as willful misleading which could "possibly" void the as is clause.
So, your best bet would be to talk with an attorney who is familiar with vehicle laws in your state. Take a printed copy of any written correspondence with you along with a copy of the inspection.
I am NOT AN ATTORNEY, but (once again) suggest you talk to one.

 

It's been some years , but there was a place in Seakonk, mass that had all toyota parts. We had picked a frame up there. They all were rust free. Not sure where they came from but was several stacks. Don't remember the name of the guy/or place , but it was down the road from the race track.

 

Unless getting the money back from the seller how could it not be?

 

"Sell for parts and eat the loss" shouldn't be the starting point. If it's a good truck with low miles, good overall shape, albeit with advanced but repairable frame corrosion, she can and should try to recoup as much money as possible. I think with the hot used car market being the way it is, she can try to sell it to recoup as much money as possible, without being deceptive. You can do this by showcasing it as a clean, low-mileage example. Same way the seller pitched it. Don't mention the frame rust right out of the gate. This is an extremely common, well-known issue for these trucks, especially ones that have spent any time in New York or Maryland. Emphasize the lifetime of dealer service, so on and so forth. THEN bring up the rust. If you lead with the rust issue, won't pass inspection line, you'll end up stuck with it. Someone out there is willing to do the rust mitigation to have a good, low-mile truck. OP just needs to connect with them.

That's Plan A. Plan B is if nobody bites, shift toward selling it as a parts rig.

My two-cents..

 

I guess i was brought up honest and would be up front about the rust issue, especially since it's safety related and undriveable.

 

Right. Same here. Emphasize that it's a clean/low miles vehicle but be upfront that it needs a frame to pass inspection. Don't conceal the issue, but don't screw yourself over either.

 

yea my ad clearly states it wont pass inspection due to frame, and has the photos. Gonna try our luck as a trade in, too. Our local dealers are selling used 10 year old tacomas for as much as new ones. And new ones are marked up several thousand since pre covid. Crazy times

 

@Snitz , man, definitely sorry to see someone in this situation. That's a real shitty thing for the seller to not disclose something like that. Some people are just scumbags.

I think @windsor gave some good advice if you choose to pursue this legally. Otherwise it seems like you basically know all the options you have. I don't know how much a new or used frame costs and how worth that route will be. Repairing the frame may be possible, but it's hard to know without seeing the rest of the frame (not asking for you to post more pictures). @OffroadToy mentioned to part it out. This could be a valuable option, but could also be time consuming. I think it's good you have it posted for sale, with disclosure, to see what you can get. There definitely are people out there willing to use it for parts or make it a project truck. Especially with the sale of vehicles these days. Wish you the best on making the best of this situation.

 

The thing is...Toyota frames are not made from steel that is more prone to rust than any other makes. It's from design flaws.
They would have changed the formula by now if that was the case.
It wasn't a class action suit nor a recall, Toyo. 'says' they tried to do all they could in good faith to right the affected cases.

I'm not trying to revive 25 yrs. of arguing here, Your milage may vary but my truck isn't rotting out and it went to the beach a lot.

 

It was a lawsuit, and they settled for $3.4B going towards extending the warranties and replacing frames.

Good faith usually doesn’t involve lawyers and judges.

https://www.reuters.com/article/us-toyota-settlement-idUSKBN1370PE

 

Guess I'm 20 yrs. behind the news. Bout right.

 

It absolutely was a suit and not the result of the beach.