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RUDE AWAKENING- Dealership sold me wrecked truck with clean title?

Discussion in '2nd Gen. Tacomas (2005-2015)' started by alex469, Jun 6, 2015.

  1. Jun 9, 2015 at 12:26 PM
    #81
    TruKnight

    TruKnight Well-Known Member

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    read build thread
    :puke:

    that would have to be one heck of a pothole. sounds abit overblown if the dealer didn't catch it on the inspection. get whatever goodies the dealer will give you and declare victory imo.
     
  2. Jun 9, 2015 at 12:37 PM
    #82
    pos3idon

    pos3idon Active Member

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    I recently went through a very similar situation with another major car brand and came out on top. I will share what worked for me:

    Write them a formal business letter, be impartial, factual and thorough. Carefully bullet point each of the issues. (Before I did this they wouldn't even talk to me, 30 minutes after I delivered the letter Via Certified Mail the Owner of the dealership called me personally). In the letter let them know that you are certain they will resolve this serious issue for you and that you would like to believe it was an honest oversight; however should they fail to do so you will have no other option but to obtain legal counsel and notify Toyota Corporate of the problem. The last bit is important because if they are selling Certified Pre-Owned cars that don't meet the Toyota standard they could lose their dealership agreement with Toyota and they will generally move hell and high water to prevent that.

    Keep in mind that the GM or Owner probably has no idea what is going on or has been told some BS by his underlings.
     
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  3. Jun 9, 2015 at 1:03 PM
    #83
    scocar

    scocar Patron of the Farts

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    Subbed. To pile on the Carfax caveats, it is far from foolproof as others have said. I recently looked at an 04 DC that had a "clean" carfax, no accident history, two previous owners. I brought my own checklist and creeper and flashlight and mirrors and a magnet. I found evidence of front driver side damage from the back corner of bumper back, including subtle door aligment issues, and then very low on the driver side door, some small dots in a consistent linear pattern indicated body work. The surface texture was a little different than the back door and passenger side doors, I put the magnet on it, and it would not stick consistently along the lower door. Inside the wheel well, the rubber splash flaps were missing, the CV boot was slit along a fin (not obvious until I touched it) and BONE DRY. So, unreported damage and repair, plus evidence of neglect/lacking PM/no repair or maintenance records in hand, no pride of ownership. I walked away.

    If I had not found any of these issues and it "looked good," I still would have taken it to a 3rd party inspector to get it on a lift and even check alignment. $100 or so is cheap insurance before committing to a major purchase.

    EDIT: this was at a used dealer, not private party ot Toyota dealer.
     
    Last edited: Jun 9, 2015
    AK Taco and Old School like this.
  4. Jun 9, 2015 at 2:13 PM
    #84
    DanceswithWolves

    DanceswithWolves palabra a tu madre

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    to voice what has been uttered. Carfax is a list of things that "might" have been reported. It is not the voice of "God" shouting Truth. I personally think they suck. Their "opinion" has never swayed me for or against.

    It is an optional "subscriber" service. I think they should have to post the limited services they provided up front. anybody who buys a carfax guaranteed vehicle is still a guppy
     
    Lester Lugnut likes this.
  5. Jun 9, 2015 at 2:16 PM
    #85
    scocar

    scocar Patron of the Farts

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    It has some value as a potential indicator and provindg some history, nothing more.
     
  6. Jun 9, 2015 at 2:27 PM
    #86
    hetkind

    hetkind Well-Known Member

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    I would bring the vehicle to a good body shop with a frame machine and see exactly how much the frame is actually bent. A sideswipe and repaint with a bent front suspension component will give the same results as a bent frame. I suspect you have a bent control arm.

    Howard
     
    Techoma likes this.
  7. Jun 9, 2015 at 3:59 PM
    #87
    alex469

    alex469 [OP] Active Member

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    Had the appointment with the dealership this morning for it to be put on the rack. Got there early in hopes to speak to the same guy i did yesterday to get the copies of all my papers. He wasn't there today. No copies made. Briefly explained the scenario to a salesperson whom asked me if I had been helped. He assured me that it would be taken care of because they don't want any negative feedback whatever the issue was.

    I took it to the service department and dropped the truck off. Service manager did a quick visual said that portions were probably repainted. Told me they stop putting vin's in the doors of the 2012's so the missing sticker argument was invalid. Told her i'd be back to get the truck going to the main office to speak to them. She told me that they we're expecting me. Went in asked for the manager and they gave me what turned out to be the sales manager. (I haven't met store manager yet by the way) Told him the ordeal, he was understanding. He said ok let me hear back from the service dept after looking at the truck and then'll we will discuss the possibilities and what step to take next. He briefly mentioned a carfax buyback because it wasn't on the carfax during the point of sale.

    fast forward 4 hours of waiting in their lobby...............

    The trucks frame was .3 off. They seemed like it that was hardly anything to be concerned about. Want me to come back to finish the alignment because they were missing a mirror on their machine. I also need to come back to have the steering column re-installed. wait what? From their description the column had been removed and some threads looked to be stripped when re-installed. They just shrugged their shoulders almost as if I had done it. I heard her inform the sales manager the well being of the truck and then i walked into his office. Sat down and said so what can we do about this. He kept looking at the computer and said well it looks like she's going to be able to get you all straightened out. I said it still doesn't dismiss the fact that you sold me a wrecked truck and i've lost thousands in diminished value because of it.

    Then the finally the expected 'you signed a paper as is. We gave you a chance to get the vehicle checked.' I said fair enough and you are right.

    Your mechanics should have told me the truck had been in an accident and its redundant they are supposed to 160 pt inspect for certification, look it over well when the dealership buys the truck, and you can't tell me part of it's been repainted let alone side swiped on both sides. I said put aside the frame not being as bad as I was told. I can't sit here and say I'm a happy customer when you've sold me a wrecked truck at a premium.
    I said I don't know what I want to be done about. I just know it isn't right for me to go in the hole over it.

    He said before my next service appointment, later this week or next I could speak to the store manager and he may do something. Might consider a trade. I said that's fine as long as he doesn't offer me $10k for it because its been wrecked. I left because I'm missing work over it.

    After everything was said and done. I got to thinking. why in the hell would someone take the steering column out of it. An accident that barely hurt the frame wouldn't damage the column right? Then it hit me, what if they did that to cheat the carfax. the carfax says no airbags were deployed. is it possible they changed the whole steering column to cheat that? I don't know. I do know i'm done with jumping to conclusions and wonder why the fuck the column was taken out/apart.

    Not for sure what to do. Been pretty much shut down at every turn. I don't know if it's right of me to pursue it even further. i hate to be that guy.
     
  8. Jun 9, 2015 at 4:13 PM
    #88
    AK Taco

    AK Taco Well-Known Member

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    Pretty much what I expected to happen. It's easy for the dealer to say they had no idea kf it wasn't on the carfax and I doubt the 160pt inspection includes checking the frame to make sure it's straight. Especially if there's no reported accidents.

    And if they didn't know it happened I seriously doubt they're gonna offer to do much for you. Shitty situation for sure
     
  9. Jun 9, 2015 at 5:17 PM
    #89
    TRM

    TRM Well-Known Member

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    Just to jump in here, I personally would be contacting Toyota Corporate and make them aware of the situation. Even if this dealership buys it back from you, they are going to send it to the auto auction, and someone else will get screwed on that truck.

    Also, if they trade it away, the dealership will be rid of the truck and they will take no accountability for not performing their "160 pt inspection" or just ignoring it. It will merely get swept under the rug. Either way, the dealership has acted shady in this transaction and I think people and Toyota should know about it.

    It may be wise to wait to see how they resolve it, but after I would still contact Toyota and post on dealerrater.com and google reviews and other sites so others are fore-warned.

    Here's an interesting article I read regarding an uptick in CPO frauds.

    http://www.consumerreports.org/cro/...pre-owned-cars-could-be-on-the-rise/index.htm

    Best of luck
     
  10. Jun 9, 2015 at 5:26 PM
    #90
    AK Taco

    AK Taco Well-Known Member

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    How is selling a truck that has a clean title shady? Can you prove the dealer knew the truck had been hit? I doubt it. So why should you go and give bad reviews about something that is speculation?

    The only thing they should stare in a review is that you should do your research and inspection before buying, which should be common knowledge.
     
  11. Jun 9, 2015 at 5:26 PM
    #91
    NMTrailRider

    NMTrailRider Well-Known Member

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    the dealer could probably give you what you paid for it on a trade and turn around and pass the truck on to the next guy hoping he doesn't notice. and they could do so without losing a bunch of money (assuming you haven't put 50k miles on it). I would think they'd rather suck it up and make it right than risk you going around telling everyone they sold you a wrecked truck. that said- i do think it's gonna take some pushing on your end. if they absolutely resist- that would make me think they REALLY don't want your truck- for the same reason you don't. which translates to- they sold you a POS truck. they don't want legal problems. which takes me back to pressing them. just don't give up quite yet. I feel for ya. it'll take some energy on your end- but they've got a reputation at stake- whether they're right or wrong. even if they did everything right- they're in a position to help a guy out. they can auction your truck. they can still come out of this deal at no loss for the most part- other than some lost time. you can't. hang in there.
     
  12. Jun 9, 2015 at 5:27 PM
    #92
    Unchained 5150

    Unchained 5150 Rick

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    Get a piece of plywood and write on it " This Dealer Sold Me a Lemon, And Refuses to Do Anything About It." And if there is a street in front of it that is legal parking make a stand and stand in the back of your truck for all potential customers to see. I know 2 guys that have done this, and both got new vehicles. Dealers really do hate negative publicity.
     
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  13. Jun 9, 2015 at 5:29 PM
    #93
    AK Taco

    AK Taco Well-Known Member

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    How does them not wantin a crashed truck, which is completely fair, translate to they must've known it was crashed when they sold it? That's an awfully big leap.
     
  14. Jun 9, 2015 at 5:41 PM
    #94
    pos3idon

    pos3idon Active Member

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    I just pulled the CPO checklist from Toyota and it says:

    Frame, Structure & Underbody
    • Frame/Unibody check
    • Inspect body surface
    • Inspect panel alignment and fit
    • Inspect lower body and underbody for damage
    • Check exhaust systems and hangers
    "Our factory-trained technicians complete any necessary repairs and reconditioning before we call the vehicle certified."

    Since the Frame was bent and clearly not inspected or corrected they are responsible as it did not meet the criteria for the Toyota Certification process at the time of purchase. Therefore they sold you an item that was not as advertised. This is important as the fact that it was not as advertised will give you traction with the consumer protection association if you fail to find satisfaction by contacting Toyota directly. (http://www.usa.gov/topics/consumer.shtml)

    If they did not inspect/fix that obvious problem who's to say that the brakes are good or that the vehicles airbags are actually installed and operating properly (since they may have deployed during the accident).

    This sounds like a breach of contract on their part; they failed to provide you with the promised goods as the result of an unfair dealing.

    But remember nothing you say or they say is worth anything unless it's in writing. I find that if you mail, certified mail, and hand deliver a letter it always gets their attention especially if you've CC'd it to one of your lawyers. When a correspondence is delivered in that manner the recipient knows that the next step is a lawsuit and will generally fix the breach.

    EDIT:
    Not to rant but don't let them tell you that it's good enough or its not that bad. That's not up to them; the truth is that frame damage often can't be undone; the trucks value will always be diminished. I would push for a full buy back and then bill them for my time and effort personally. You can always take them to small claims if they won't make it right.
     
    Last edited: Jun 9, 2015
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  15. Jun 9, 2015 at 5:45 PM
    #95
    Unchained 5150

    Unchained 5150 Rick

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    Fuck yeah now go get em
     
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  16. Jun 9, 2015 at 5:50 PM
    #96
    Larry

    Larry CARL

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    As I posted earlier in this thread. Negotiate your best deal. Drive out in a new truck.

    Many in the thread fail to understand the deal is done. The dealer probably has no legal responsibility.

    You have to weigh your time and aggrivation. You want to spend your days pursuing this. Go for it. I'd cut my losses and move on asap.
     
  17. Jun 9, 2015 at 5:51 PM
    #97
    SMHdavid

    SMHdavid Well-Known Member

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    Seams like carfax would buy it back then
    Good luck keep us posted.
     
  18. Jun 9, 2015 at 5:52 PM
    #98
    Larry

    Larry CARL

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    :laugh:
     
  19. Jun 9, 2015 at 5:53 PM
    #99
    pos3idon

    pos3idon Active Member

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    Not to be whiny but the deal is not done; the original deal was for 1 Toyota CPO truck. However the truck was not CPO as it did not meet/pass the Toyota criteria so the truck that was delivered did not satisfy the contract. Thus the initial contact of sale was breached. This seems like an intentional attempt to defraud you; and they are most likely aware of that.
     
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  20. Jun 9, 2015 at 5:54 PM
    #100
    SMHdavid

    SMHdavid Well-Known Member

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    What's so funny? I thought carfax offered a buy back guarantee?
     

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