Legal advice PLEASE. I bought a LEMON :-(

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lotust

Diamond Member
Aug 19, 2000
9,025
0
76
. Hi everyone. I hope you can help me out. I bought a truck from a local "used car dealer? its a 1995 Toyota 4x4 sr5 ($8500) 67,000 miles on it.


Ok I looked over the truck for 1/2 hour and did not SEE any problems other than a crappy paint job. Thats not a huge deal right. Now I Go get the truck inspected and it?s got lots of problems. Needs a muffler had NO OIL IN IT.... :( the truck was in a accident. He told me it was professionally repaired when it was not. They fixed the cosmetics partially and left the steering mangled and chasse is bent up.


I want my money back. By law do I have time to return it? I did not sign any paperwork saying AS IS or anything like that. This was my life savings pretty much :(
 
B

badluck

Diamond Member
Feb 19, 2001
5,357
0
76

I think the first question we should be asking is....did you call the dealer and tell them the problems, and state that you want your $ back? If so, how did that go?
 
V

Vegito

Diamond Member
Oct 16, 1999
8,329
0
0
ny has very strict lemon law.. i think u can pretty much battle this out and win it
 
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Quixfire

Diamond Member
Jul 31, 2001
6,892
0
0
Most states have a 72hr period where you can request you money back if you drive over a number of miles. I would call your local DMV and ask about this. Then contact the used car dealers and ask for a refund.
 
StageLeft

StageLeft

No Lifer
Sep 29, 2000
70,150
5
0
Depends when you bought it but probably you're screwed.

That sucks, I'd have thought a 95 toyota truck would be an awesome buy, but then anybody can mistreat a vehicle such that it's no longer very good :(
 
XZeroII

XZeroII

Lifer
Jun 30, 2001
12,572
0
0
Why would you buy a vehicle in such bad condition in the first place? If I am seriously considering a car, I take it home and inspect it myself. I make sure that it was taken care of and no problems. How can you miss that there is no oil in it? I ALWAYS check the oil and ask if it leaks oil, etc... I wish I could help you get your money back, but I have no idea how.
 
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Christoph

Senior member
Jan 9, 2001
217
0
0
Technically, you don't have a lemon until the dealer has tried and failed to complete repairs numerous times. What you really want is a right to rescind the transaction, which you probably don't have.

Get the NY AG's "Used Car Buying" booklet from NY consumer issues

It appears that you have no right to cancel the purchase, but probably have a statutory warranty that requires the dealer to make repairs.
 
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NorthRiver

Golden Member
May 6, 2002
1,457
0
0
Get a shotgun, and a big hat. Drive the truck thru the window of the dealership, and start shootin!!
 
Toasthead

Toasthead

Diamond Member
Aug 27, 2001
6,621
0
0
Originally posted by: lotust
. Hi everyone. I hope you can help me out. I bought a truck from a local "used car dealer? its a 1995 Toyota 4x4 sr5 ($8500) 67,000 miles on it.


Ok I looked over the truck for 1/2 hour and did not SEE any problems other than a crappy paint job. Thats not a huge deal right. Now I Go get the truck inspected and it?s got lots of problems. Needs a muffler had NO OIL IN IT.... :( the truck was in a accident. He told me it was professionally repaired when it was not. They fixed the cosmetics partially and left the steering mangled and chasse is bent up.


I want my money back. By law do I have time to return it? I did not sign any paperwork saying AS IS or anything like that. This was my life savings pretty much :(
Click to expand...


This is why you get it inspected BEFORE you buy it.

 
A

Ausm

Lifer
Oct 9, 1999
25,213
14
81
I thought the lemon law only covers new vehicles? What that dude did would fall under fraud.

Ausm
 
W

WarCon

Diamond Member
Feb 27, 2001
3,920
0
0
This is for future reference, if a car dealer of any kind has what looks like it would be a good deal on a car. Its most likely NOT. They are in the business to make as many points ($1000) as they can on top of the real value of the car.

If you push hard enough, you should be able to get them to do some repairs on the vehicle. They will be very resistant to do anything that will be out of shop work like frame straightening though as that comes out of their pocket, so you may have to get litigious.
 
waggy

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: orangel
NEVER buy a car from used car dealer NEVER!
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well thats silly. not many people can afford to pay ~10k in cash. at least from a used car dealer they can arrange finincing. the mojority of used car dealers try NOT to sale crappy cars like this. it hurts there repatation.

it is partiall his fault. he DIDNT have the car checked out before he bought it.
He should have had a mechanic check it out before hand. yeah he got screwed but he could have protected himself.
 
waggy

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: ausm
I thought the lemon law only covers new vehicles? What that dude did would fall under fraud.

Ausm
Click to expand...

yeah from what i understood lemon law only covered new vehicles. what the salesmen did is flat out fraud. there is something called full disclosore (spelling i know).
 
L

lotust

Diamond Member
Aug 19, 2000
9,025
0
76
yes i did a carfax on it. I thought i did everything i could. Carfax will not show an accident if the insurance company was not involved obviously :(

I called the guy and told him and he said to bring it to him so his mechanic can look at it. I dont want this truck. I was mislead thinking that this truck was in a minor accident and was repaired by a professional when in fact it was not minor at all.


this is a quote from the quction. It was on Ebay and I i looked at the truck and made a offer for 7000$ and he said for a truck like this its worth 8500$ so thats what i paid.


here is the auction Quote.


Vehicle shows signs of bodywork that has been professionally repaired. Our inspectors found no evidence of any collision damage present on this vehicle. The exterior of this ride is immaculate, and has no door dings. Even though it was not kept in the garage, it is very clean. This vehicle's transmission shifts like it just left the factory. The engine in this vehicle runs like a top. All electric and power equipment work like new. Nothing about this vehicle is defective.
Click to expand...
 
TallBill

TallBill

Lifer
Apr 29, 2001
46,017
62
91
Originally posted by: XZeroII
Originally posted by: orangel
NEVER buy a car from used car dealer NEVER!
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where would you buy one from?
Click to expand...

New car dealers sell excellent quality used cars in my experience. I've actually had a dealer NOT sell me a car because it wasn't in decent enough shape.

Some have decent warranties too.
 
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