*Car dealers and Lawyers please HELP!!!!*

[DaviDaVinci]

I just took my 1998 4Runner to get a flat fixed at my friends shop. Next thing I know he starts pointing out places where bondo was applied and how the hood had a gap and my rear hatch had a gap and how there were color differences. There was even a drip (paint drip) that i never noticed. It was obvious that there had been work done on the body all around after he pointed it out.

I'm FURIOUS!!!!

I had saved up all my money for years to afford this vehicle.

It seems like this vehicle has been in a bad wreck before.

I bought it a year ago from a Lexus dealership. I have asked the agent at several occasions whether or not it had been in a wreck before, or if there was anything wrong with it. She told me no. I didn't know about car fax back then. My father's freind (car dealer) is going to get me one of those reports tomorrow morning.

I was decieved!! This is messed up!

Is there anything I can do about this? or am I just plainly $crewed?

Please Help!!

 

[Jzero]

I dunno what you can do now, but for your next purchase definitely run a Carfax report.

 

[vi edit]

Really depends upon the state. Dealers aren't required to notify you of any previous damage done to the vehicle if it falls under a certain amount. Some states it's $3000, others it's $6,000.

I would look up your states laws on vehicle damage disclosures.

BTW, $5,999 in damage can be pretty significant. If this was the case, there is nothing you can really do short of boycotting the dealership and telling friends not to do business with them. The dealer was immoral, but not illegal.

 

[kranky]

Live and learn. You've had the car for a year. You can't prove it was that way when you got it. They probably said they didn't know if it had been wrecked - a standard answer. You could have had someone inspect the car before purchasing. All those things add up to: you can't do squat about it.

But don't assume you got screwed. It couldn't look that bad or you would have noticed by now.

 

[superkeith]

i'm no lawyer, but i am inclined to believe that you have every right to return the vehicle and perhaps even sue dealership.

if the carfax report comes back as expected, then it is clear that the dealer lied, and as such, is guilty of deceptive business practices, entitling you to whatever damages (punitive and the other one) your lawyer can pry.

of course, if this does not work, contact the troll hunters!

 

[glen]

Have your greavances printed neatly on a poster.
Put the poster in a window.
Park your car next to the dealership.

 

[TomC25]

Near my work is a "buy here pay here" small car dealer by the name of Time Auto Sales.

I drove by one day and a guy had on one of those body signs that hang down your front and back with straps over your shoulders. The sign said "Don't Spend A Dime With Time" and he was pacing around in front where the street entrance was.

haha

You could try that.

 

[CADsortaGUY]

vi_edit is right. They would have to tell you about damage ONLY if was above that states preset limit. Any othe "damage/repairs" do not have to be disclosed.

Oh and the "she siad/he said" thing just doesn't fly. If it wasn't on the contract it means nothing. I had purchased a vehicle and then found out alot of CRAP was wrong. Oh yeah- hehe(yes I can laugh about it now)- I didn't even make it home from the dealership! The front pumpkin burned up!- Flames shooting out of the plug - guess they forgot to check the 4-wheel drive


Anyway - I then just happened to land a car sales position and 'MOST' dealerships make sure their sales people know exactly what they can and can't say. But what it really boils down to is what is on the piece of paper you signed(contract). even if you claim that the "no problems" was a verbal "contract" you signed the REAL contract after the verbal one so the signed contract is the only "valid" one.


***Public Service Announcement****
If you are intending on purchasing a new/used car. PLEASE PLEASE PLEASE get them checked out by:
1. A REAL mechanic
2. Inspect every inch of the car, especially the seams - body shops can do a great job at "hiding" their work. SO LOOK CLOSELY!!!
3. Run a report on the car (carfax, or even try to find out if it has been stolen)
4. DO NOT BUY A VEHICLE CUZ IT IS "PRETTY" (salesmen love these people )


<<<i'm no lawyer, but i am inclined to believe that you have every right to return the vehicle and perhaps even sue dealership.>>>
Yep you are NOT a lawyer! - no dice on returning or sueing! UNLESS there was an insurance claim or previous reported damage that would excede state limits.


Sorry about your BAD experience buying a vehicle. Good choice - 4-Runners are great! - I sold cars for a Toyota dealership

 

[Jzero]

<< I drove by one day and a guy had on one of those body signs that hang down your front and back with straps over your shoulders. The sign said "Don't Spend A Dime With Time" and he was pacing around in front where the street entrance was. >>



I am reminded of the black man in "Falling Down" who was denied a loan because he was "NOT ECONOMICALLY VIABLE!"

 

[Thegonagle]

Sounds like such shoddy work (definitely not up to Toyota's standards of near perfection in assembly and paint work) that I would not have needed any Carfax report to tell me to stay away.

Sorry to say, but you bought it. It's yours. I wouldn't hold it against the sales person though. She doesn't know or want to know if your car has ever been in a wreck, and the sales manager, if he knew (likely, they know their s#!+ about buying cars and he's the one who bought it for the lot), sure wouldn't tell her. Your beef is with the used car manager, who may or may not still work there. Turn over is incredible in every position in car sales.

You can see a lawyer about a civil suit, and to check for any laws that might have been broken, but I don't think there's much else you can do at this point.

At least now you know how to spot shoddy body work, like bad paint, and misaligned body panels, etc.

I'd cut my losses and sell it before it starts rusting early.

Sounds like a 240 HP 2001-2002 Pathfinder is calling your name. They eat 4-Runners for breakfast and lunch, and all the quality is there.

Good luck.

 

[DaviDaVinci]

It's messed up 'cause my mother takes her lexus there for service. I go there every 3-4 months to get small parts. They seem to be very inclined towards customer service. At the same time, I don't trust them now. If it was indeed in an accident, then i'm going to the local papers. This is messed up and the public should know about it whether or not I get any compensation.

Now if i sell the car, I can't get much for it jsut because it's been in a wreck (assuming)

Man....i'm so upset....

 

[Zenmervolt]

<< i'm no lawyer, but i am inclined to believe that you have every right to return the vehicle and perhaps even sue dealership.

if the carfax report comes back as expected, then it is clear that the dealer lied, and as such, is guilty of deceptive business practices, entitling you to whatever damages (punitive and the other one) your lawyer can pry.

of course, if this does not work, contact the troll hunters! >>

You are absolutely right about one thing, you're no lawyer. I'm 90% certain that he bought the car "as-is", which means that he has no legal recourse. Unless he has something in writing where the dealership certified the vehicle to be untouched or some sort of satisfaction guarantee (either of which is so incredibly unlikely it's not even funny) there is nothing he can do. This is an excellent example of caveat emptor. When buying a car you should always go over everything with a fine toothed comb and a magnifying glass. When I look at cars, I bring a magnet along and I go over every body panel. If there is a place where the magnet does not stick, I investigate further for bondo. Jack one corner of the car up into the air by a couple of feet and see if all the doors open and close properly. If not, the frame is flexing. Crawl around under the car and poke at the floorpan to check for weak spots. There are a lot of other things to do, but you should always go in with the expectation of finding many things wrong with the car.

ZV

 

[edfcmc]

Check this link out.

Consumer and Auto Law Texas