Need Advice - New Truck Was Painted Prior to Sale

Your letter, report history is fantastic. I would try all weekend to reach them by phone, email or smoke signal. Then no later than tuesday i would attack on all fronts. Inform all the agencies you mention as well as any others that members have suggested.
If you really want to get their attention after tuesday have a 4 by 8 foot sign made, professionally, stating how you can buy a flood damaged car at (dealers name) and just state how they are jerking your chain. Then drive over to the dealers lot and park it in front. Tell them it will be at a different mall every day or parked at the busiest intersections near their lot.
I remember as a young boy seeing a car with lemons the size of basketballs painted all over it. Do not know what happened with it. However,60 years later i can still see the car and the street it was on.
Put the hammer to them as i would not be as patient as you.
Please keep us all posted and fight the good fight. The longer they delay the more i would make them pay.
To really get them put a little bit on utube......

 

You make a lot of valid points regarding when to bring people into the mix. If you want to cause a stir, go straight to the consumer protection agencies. If you want to try and resolve this quietly so you can just walk away from it all, go to GM of Koons and threaten the next step (using the well-written letter above).

Personally, I do not think you should give this dealer any more opportunity to resolve this issue. You were more than fair and they seem to be pushing you off to the side. They have had ALL week to debate this and didn't even bother to respond. To you, it's a $30,000 investment. To them, your just another unhappy customer that won't be back. The Service Manager should have already involved the GM. Why do the SM's job for him?


I not as drastic as standing in front of their dealership with a sign that says "buy hurricane flooded vehicles here" - thought that would get some attention. But my next step would be to involve Toyota Corp. Include copies of your letters that were sent to Koons asking for a resolution. I would not let Koons know you have done this. Then wait for the response.

I would also give them one week to supply a written response or to initiate action. Let them know the next step will include the BBB and other Consumer Protection agencies - as well as the media.

Boom...Boom...Boom...one of these steps will resolve your problem!

 

OP,

Very interesting read. FWIW, the attached is my experience with Koons of Annapolis. They eventually painted the hood...

http://www.tacomaworld.com/forum/2n...ctory-paint-finish-venting-need-opinions.html

 

I did some searching on the net over the weekend on this dealer. It seems your not the first to get a bad deal from them. They have several dealers, and about all of them have claims against them at the BBB. Google the name, its kinda sad they get away with this stuff.

Lets hope you were the final straw eh?

 

^ I'm glad this dealership is not in my area. I would NOT deal with them.

 

I looked up Koons Tyons and they have a C+ rating from the BBB.

The Customer Relations Manager called me today because Toyota directed her to do so after I called them on Friday. It was a frustrating conversation but she said they would take the truck back as a trade in and I could buy another vehicle. I asked her to run the numbers on a 4x4 Sport 6-spd.

I will not be suprised if they try to screw me on the trade in value and the new vehicle sale. She said she wants to do everything to make me whole. I replied that if that was the case then they should sell the 4x4 to me at their cost.

I'm fairly certain they are going to come back with some unacceptable offer. When that happens I'll call Toyota and see if they will buy the truck back. If that doesn't go through I guess it'll be time to pony up and get an attorney.

I took the TRD intake and MBRP exhaust off yesterday and installed the OEM. I took the front Toytec coilovers, sway bar relocates, front brake lines, HPS pads, and carrier bearing drop off today and replaced with OEM. I could not get the LR UCAs free from the spindles so they are still on there. I don't have the patience to fight it and a local shop will do it for $150 so its going in tomorrow. The next free day I get the rear AAL and 5100s are coming off, along with the u-bolts, axle shims, and rear brake lines. I'm cold, sick, and pissed.

 

Sound like you are going down the right road....Just stay on top of them...Toyota should buy the Truck back, What did the Toyota FI servs say?? What rate are you paying now & what is going on in VA with rates right now?? Look at sales taxies & tag fees & is the dealer going to charge you again for there dealer fee or what?? What about you time & money, Ask for 6mo fo free gas it sounds crazy but I have done that in the past & gotten that...

 

I feel your pain...Like I said in my previous post Ms. Latiolais(Customer Relations) at Koon's Tysons is in no way an advocate of the consumer...she likes to feed unhappy consumers lines like "you got a great deal etc., etc." and "we want to make you feel whole, etc., etc."...she is nothing more than a company lackey just looking out for the profit margin of Koons..."take the truck back as a trade" is unacceptable, you should not lose a dime of your money as you have already lost precious time dealing with an unethical dealership...I would definitely attempt to get the GM involved to get a FULL REFUND...so called "customer relations" at Koon's is running interference in an attempt to wear you out with the hopes that you will compromise by taking a lousy deal...and then they will move on to the next customer they can take to the cleaners...be persistent and professional as you have been and I am confident this will work out for you!

 

Hang in there. You've got a great case and Toyota has got to make this right. Removing all the mods you spent your hard earned dollars on is something you would have regretted not doing! Look up the contact info for your local TV consumer advocate. The sale of a flood damaged vehicle as new is bound to get some attention.

 

I agree...its BS. Who would I go after though? Can the dealership claim that they had no knowledge of the flood damages and be absolved of responsibility? The consumer protection laws say "knowingly" when they talk about product misrepresentation, failure to disclose, etc. If they can squirm out then who is really responsible? Toyota? The dealer in Mississippi?

Ugh, I will need an attorney soon if Toyota won't help me. I've never worked with one before and have no idea where to start, except for the Office of Consumer Affairs' referral program.

When Koons comes back with their offer I will call Toyota and see if they will contribute a dollar amount to make up the difference so that I net a full refund. If they do that, I'll be happy and will buy another Tacoma from another dealership.

 

"Who can I go after?" - Go after the dealer down South. If Koons did have no knowledge that the vehicle was flooded, then the other dealership "knowingly" sold a flooded vehicle. Someone knows it was flooded and covered it up. That is who you want. If Koons is in on it -("hey, we'll sell you this truck for cheap and you sell it for a profit. No one will expect a flooded vehicle in VA")- then hopefully they go down too. Maybe the other dealership will call Koons out on it - bring 'em both down.

You can get an attorney but that might get costly. Unless you go after punitive damages and the Attorney works on contingency (they usually take about 30% of the settled amount).

If not, get the media involved. Ask if anyone wants a story about dealerships selling flooded vehicles. Be sure to let Toyota Corp know you are going this route BEFORE you actually go this route. Hopefully, they will not want the bad press and will "make you whole" - for real.

I feel bad for you. This is a shitty situation and could really turn you off from Toyota.

 

Veccster, thanks for your reply. Do you think this will work? If Allen Toyota has this documentation would they willingly give it to me to save themselves? If I send it I would attach Allen Toyota's repair report, pictures of the rust and water damage, and Koons Tysons Toyota's responses.

If they have this documentation and I can get it, it may save me the hassle of going through a legal process and allow me to leverage a settlement.

>>>>>>>>

Tuesday, December 8, 2009​

SManZ
Contact Info


Allen Toyota
Mike Hall, General Sales Manager
624 E. Pass Rd
Gulfport, MS 39507



Dear Mr. Hall,

I purchased a 2009 Toyota Tacoma (VIN 5TETU62N59Z598435) from Koons Tysons Toyota/Scion in Vienna, Virginia on September 14, 2009. I am writing to you because this vehicle was transferred from your dealership to Koons Tysons Toyota in June 2009. I have documentation that this vehicle was damaged by Hurricane Gustav and subsequently repaired by Allen Toyota in November 2008. Koons Tysons Toyota did not provide this information to me prior to the sale and I am in the process of pursuing resolution.

Debra Latiolais, Customer Relations Manager for Koons Tysons Toyota, claims that Allen Toyota failed to disclose these damages and repairs prior to the transfer. Ms. Latiolais also claims that they were only able to procure the attached repair report after questioning your dealership on October 30, 2009. Do you have any documentation that this, or any other, damage information was provided to Koons Tysons Toyota at the time of transfer in 2008? Documentation that Koons Tysons Toyota was cognizant of these damages would absolve Allen Toyota of any wrongdoing while at the same time providing me the documentation I need to pursue satisfactory resolution with Koons Tysons Toyota.

Please reply in writing by Friday, December 18, 2009. If you need any additional information to track this vehicle’s history, please do not hesitate to contact me.


Sincerely,

 

That is a well-written letter and says exactly what you want to know and why. If you are comfortable with it...send it. Is this the best step to take right now...I don't know because I do not have experience in this. Seems like a logical move to me.

If they do provide you with this information, they are basically hanging Koons out to dry. Although something tells me this other dealership is going to want to cover something up too.

Have you determined if CarFax should've been notified that this vehicle was damaged in a flood? If so, I think that would be Allen Toyota's responsibility. It wasn't reported and they know they will be at fault.
As mentioned before, CarFax backs up their reports and claims they will buy a vehicle if they are at fault for missing something like this. Have you looked into this?

 

I would seriously consult an attorney sooner rather than later because if this goes to litigation and you missed a key piece of anything the whole process is lost. Cover your 6 talk to an attorney and see if you even have a ligit legal case if you do then proceed as directed

 

I'm starting to think along these lines, too. It's getting complicated with you now having to go through two dealers and trying to find who exactly is at fault, if not both dealers...

 

First I want to applaud you on the way you are handling this. Most people would go into the dealership screaming bloody murder and get nowhere with them. You're letters are very well written and explain your predicament without threats or saying anything to detract from your situation. This along with the fact that you have documented every step and included that in your letters will help you immensely.

Secondly, do not accept the dealership's offer they are making you about taking the truck on a trade in. They are making an offer that works to their best interest. They'll just roll it out onto the lot and sell it to the next unsuspecting mark that walks in and shows an interest in it. Do not accept anything less than what you have already outlined in your letters.

Third, do not go into the dealership threatening to go hire a lawyer. My wife used to work in the service department at a local Chrysler dealership. As soon as anyone walked in using that threat, they would immediatly turn the matter over to the Chrysler lawyers and had no further dealing with the customer. If they do that, it will force you to hire a lawyer and the matter will then be handled by lawyers and you may have little to no input on the outcome. If it turns out that you DO need to hire a lawyer, just do it, no threatening or otherwise letting the dealership know you are doing it is needed.

Fourth, you mentioned in the letter about the Virginia law about having to disclose damage that is more than 3% of the vehicles damage. As a last resort, you might contact your local District Attorney's office about possible criminal charges being filed. You don't want to do that until you get some kind of resolution or if there is no satisfactory resolution because once you do that, you'll be driving the truck in question a really long time before you get anything out of that dealership.

Good luck and keep us posted on your progress.

 

Hang in there man and hey if the deal is right and it gets resolved with the trade, go for it. But it has to be perfect and I sincerely doubt that with their track record so far that it would be anything but a POS offer.

 

Thanks, I'm going to call Allen Toyota and speak to the GM this afternoon. I'd like to see what he says and then follow up with this letter if it goes well. If Koons is lying and Allen Toyota gives me that documentation I will have a much stronger case.

Koons was supposed to call me by the end of the day yesterday. Guess who hasn't called yet. They're not even trying...I get this spiel from Debra about how she's working hard for me and all this crap but they won't even call me to let me know that they need more time. I won't call them back at this point.

I will give Toyota until the 18th to write me with their solution. If I don't get a response, I think you guys have made a great suggestion to call them to let them know I will contact the media and see if that spurs some action.

My girlfriend is helping me find an attorney. She has friends at work that know attorneys and one who is an ex-attorney. She's found some contacts but she's hearing that it will get pricey. I think you all are right not to threaten legal action. Its hard not to start throwing threats around when I'm frustrated on the phone with these people so I think it would be best for me to put absolutely everything in writing.

I did look at the Carfax guarantee and it sounds like its title protection only. So if the truck had a salvage title and the Carfax report did not show it, then they would buy the truck back. But in this case the Carfax report was clean and so is the title. I haven't been able to find if Allen Toyota was supposed to report the damage. It looks like they did the repairs in-house so it would be easy for them to conceal. I don't want to make a point of this right now. It might change how they feel about disclosing the information about Koons.

 

Hiring an attorney should be a last resort action. They are very expensive and it could end up costing you more than it's worth. You may or may not be able to recoup the attorney fees in a lawsuit, so don't count on that.