Need some advice on bad purchase

Agree - it falls on me. By the way Jbrandt - are you active on KTMTALK? Your username seems really familiar.

 

You've got a great attitude about it all and I commend you on that, I sincerely do. Just being open and up front and a man about it and owning it, like you're doing, will get you the best help for sure.
We all want and love to see folks with the right attitude make it through stuff like this with the least amount of detriment.
Make sure to keep us posted with how this goes. If you end up stuck with this taco, we can definitely help with coming to the right conclusions on repair options, etc..

 

https://consumer.findlaw.com/consumer-transactions/what-is-the-warranty-of-merchantability.html

 

Interesting article. This article would essentially support my claim that the seller is responsible for faulty information and selling a device which is not able to perform as a it should. I am going to chat with a family friend who is a lawyer later today to get his advice.

 

https://www.consumer.ftc.gov/articles/0055-buying-used-car

Private Sales
Buying a car from a private individual is different from buying from a dealer.

Private sellers generally are not covered by the Used Car Rule and don't have to use the Buyers Guide. However, you can use the Guide's list of an automobile's major systems as a shopping tool, and you can ask the seller if you can have the vehicle inspected by a mechanic.
Private sales usually are not covered by the "implied warranties" of state law. That means a private sale probably will be on an "as is" basis, unless your purchase agreement with the seller specifically states otherwise. If you have a written contract, the seller must live up to the promises stated in the contract.




Definitely no issue with covering all your bases, even encouraged of course. I just wouldn't want you to get your hopes up on an unlikely possibility

 

You could certainly apply a bit of cheap legal pressure (letter on attorney letterhead threatening to sue, even lawsuit you don’t plan to go through with).

You might also consider the possibility the seller has access to this thread.

 

sorry OP. midwest sucks, believe me, i know.

if the rest of the truck is sound, i would spend the money/time inspecting the rest of the frame. it may only be compromised in a couple places - in which case, you can fix it and enjoy it for a few years.

you also mentioned flood damage though... so, there may be more underlying issues.

 

Consider yourself lucky if the seller takes the truck backs. It will only cost you $700 to learn more about rusty frames on Tacoma's and what to watch out for. It could be a waaaay more expensive lesson to learn.

 

I have had several Tacoma`s that had pre purchase inspections sadly 3 different mechanics had no idea about the frame problems learned the hard way.We still hear all to often about someone finding out to late

Here in Pa rust is a given on any vehicle after one winter 15 plus years even on a lift it was just given a glance more focused on drive line and major fluid leaks

Find some one with Toyota Experience .

Even the replaced frames are not holding up well without constant tender loving care .

Not to many shops are going to be able to sell frame extending service to the average Tacoma owner even if they thought of it.

Could the OP`s purchase have had the frame replaced maybe then nothing was ever done again

 

That would require that I have a KTM which, sadly, I do not.

I do have an account on Thumpertalk, though I haven't posted over there in a long time.

 

Sadly, that really only applies to merchants, not private party sales.

https://www.consumer.ftc.gov/articles/0055-buying-used-car#private

In other words, unless you have a written contract with the seller that details how it should function, you're pretty much out of luck.

 

Just a very long shot here, but I assume he had an ad that you saw. Did it mention the "new" frame?

 

Chevy doesn't even get in trouble for their ad saying they have "the longest lasting, most dependable trucks on the market." So I doubt a private seller would get in trouble for a couple words in a craigslist ad.

 

@Deeman check to see if the recall applies to your truck , you may qualify. Second and third owner have had their frames replaced.

 

Thanks - I did read the details and it sounds like the window has closed on repairing many of the trucks - I think it was extended to go back 14 years - which would cover back to 2006 models. I tired calling some Toyota dealerships and none of the service departments were taking calls - everything was going to voicemail.

 

I feel your pain, sorry.

 

Sorry I didn’t read all the prior post and so it might have been brought up. Call a dealer and have them look up the vin to see if it was fixed under warranty. If not you bought it as-is. The guy who sold it is a a-hole but you might be scraping it to recover some of the money.

 

1st gen frame rust extended warranty was 15 years from 1st date put in service as indicated on door post sticker.
But
Must have dealer applied Corrosion prevention service.

 

It's interesting since I now recall our conversation when I inspected the truck. The seller mentioned that the catalytic converter was recently removed and that is why there were two oxygen sensor faults. He was told to replace the converter it would be $400 or something and he decided to just bypass it. The relevance of this is that if an exhaust shop had this on a hoist they would clearly see the frame damage. I keep thinking the seller knew about the damage and sold it due to the frame damage. What does this mean legally? Zip, nada, zilch but does prove what an a-hole the previous owner was if this is the case.

 

Also, went back under to get more pics. It's interesting that the frame section facing the exterior looks to be just fine. It's like this on both driver and passenger side where the major damage is. I see that the inner frame is nested into the outer frame (shown here) vs. being a single box frame. Like two c-channels nested to make a square box frame.