1. Welcome to Tacoma World!

    You are currently viewing as a guest! To get full-access, you need to register for a FREE account.

    As a registered member, you’ll be able to:
    • Participate in all Tacoma discussion topics
    • Communicate privately with other Tacoma owners from around the world
    • Post your own photos in our Members Gallery
    • Access all special features of the site

RANT:About to lose truck, suing used car dealer !!

Discussion in '2nd Gen. Tacomas (2005-2015)' started by Wattapunk, Nov 19, 2010.

  1. Dec 12, 2010 at 12:01 PM
    #81
    TacoBow

    TacoBow Intentionally cosmetically correct.

    Joined:
    Jan 29, 2009
    Member:
    #13085
    Messages:
    435
    Gender:
    Male
    Central PA
    Vehicle:
    2015 Tacoma TRD Sport 4x4 Quad LB
    Ok, THIS -

    AND THIS -

    I read the OP's 1st post, and a bit of the replies but admittedly not all of them.

    Please refrain from throwin' my banana in the :bananadead: if I repeat advice.

    The quoted suggestions above are worth following up.

    In recent years our agency fielded a complaint much like of the OP. The Readers Digest version in summary was that the involved dealership, (not a Toyota franchise), was found criminally culpable.

    In other words, the manager of the dealership was proven to have knowingly received funds ear marked to pay off vehicles that were taken on trade with intent of resale, failed to obtain titles as a result of non-payment, yet still listed them for sale. Title transfer laws were also infringed, which allowed the dealership to evade paying the state mandated sales tax on vehicle sales. The unaware consumer then entered an agreement to purchase the vehicle, much like the OP, and was unable to obtain a title / registration, exactly like that of the OP.

    A number of violations are relative, (in the state of PA), when a dealership engages in such conduct. The victim in that case, after completing the investigation, was not alone. Multiple victims equates to multiple counts of misconduct, which in the end, resulted in a conviction and a state mandated incarceration for those knowingly involved at the dealership.

    This type of situation, at least in the state of PA, does not cost the victim a dime. Hence the term "victim". The OP did nothing wrong and is a victim. He / she should not have to pay a cent to receive what he / she is legally entitled.

    Push your law enforcement representative that services the jurisdiction wherein the dealership resides. If they are a Mayberry RFD, get the AG involved. This case if deemed to be criminal, would be resolved by LEO in PA at no expense to the OP.

    *********************************************************

    The key to what path to follow, (criminal or civil), in cases like this is intent. In PA law, one must have intent to violate specific theft statutes. The dealership involved in the above example was found to be knowingly engaged in criminal misconduct.

    If the OP's dealership was unaware of the neglected payoff issue, be it a clerical error or other unintentional act, then the OP's only recourse would be civil.

    I can only assume that the requirements are similar in the OP's home state.
     

Products Discussed in

To Top