coleco

Wow,
I just got off the phone with the Lexus person. He said that they could not reproduce the engine flare that I have seen a few times. I told him about the TSB for this and they agreed to look at it - the car was being brought in for bent rotors (sp?) anyway which is concerning and a different story. My car was purchased 8/06. It had 1000miles on it- I was told the previous owner didnt like it and traded it in after a few weeks. The guy today says they couldnt find a problem, and also btw the transmission was already replaced anyway??? What am I supposed to do about that??. They made no mention of that when I purchased the car in August (the build is 3/06 I think) Do I have a right to complain or no?? Does anyone recommend a good plan of attack. I think I should have been told about that I think but some folks here in the office say they didnt have to tell me as long as the car was functioning 100%. Now that I know it apparently was not functioning 100% previously, does that change anything. I am also concerned they did not take my word for the engine flare. Very annoying. Thanks...

coleco

sdbrandon

Sounds like you got someone elses buy back. It happens with bad dealers. It is all legal when there is no lemon on the books. Now you get to deal with someone elses problems.

Shame on Lexus for allowing buy back cars back on the lots.

Question, why didn't you buy a new car? I can't believe the dealer dropped the price that much.

garsarno

Check out the ES350 buybacks on www.ebaymotors.com. There are plenty but they do disclose the buyback / replacement transmission in the car description. Last count was 12 cars.

coleco

well, the price was about 2 thousand less. It seemed like a great deal at the time because A) they said there was nothing wrong with the car and it was essentially factory new B) the warrenty was 100% new or complete from the date of my purchase c) Carfax or whatever the company is that you can pay for the report indicated no damage, fire, services, etc.

Any thoughts on what I can do now if anything? Is today considered fix attempt #1 and there are 2 more to go before they buy it back again? Am I SOL, stupid, unlucky, naive, all of the above?? Thanks.

P.S. They do not officially or legally have to disclose to me the fact that the transmission was replaced?? I just want to know before I make an *** of myself at the dealership this afternoon when I pick it up.

ES350Bob

coleco,

Worse case scenario is you have to videotape the flare and then go back and show it to them as many here have had to do and they will have to take care of it.

They should have disclosed this to you if they knew before selling it to you.

Ask to speak to the sales manager of the person who handled your purchase and talk it over with them.

Last-- you can still call Lexus Customer Service and report that dealer's actions now or later, if they act rude and not helpful with your transmission issue even after videotaping it.

I have a feeling you are the first of many who will have this happen.

coleco

Thanks for the support and ideas everyone. I do love the car even with this issue. If they can fix this AND I can be sure I am not looking at a huge repair bill the day after my warrently expires down the road I will calm down a bit. Ill keep updating this for anyone that uses it as a resource later. Video taping I will.

ES350Bob

The video tape is hard for them to ignore, sad that people have to resort to it, but that is the way it is in many cases, cannot duplicate has been used on quite a few reporting here, myself included.

Kaius88

wow...dishonest dealer indeed. When I bought mine in July, the dealer told me that the bumper was nicked during shipment and they opted to replace the entire rear bumper instead of repairing it. I thought it was pretty honest, and I asked for extra $$ price reduction and they agreed. Replacing a bumper to make it brand new again was ok with me. However, an undisclosed tranny replacement I would not accept. First of all, it's a huge job.... it's basically refurbishing the most important part of the vehicle. I'm not sure if it's legally required for them to disclose, but from a ethical standpoint, they should have told you. Everything they do is logged on the service history report, which is a part of your receipt. After my 5k service, I saw the entries that noted the bumper replacement and even a tranny examination.

I think you should complain if the replaced tranny were a deal-breaker. They cant sell you a lemon without disclosing, so I doubt is a defective buyback. IMHO, now that you have had this car for a while, if they can repair the flare before the 3-strikes, then you are stuck with this car, which isn't all bad because it's truly a great car without the tranny issue. You got a good deal on it, so look on the bright side.

twister

Well, here is the way how I look at this. The original owner of this ES350 didn't go for buyback, but rather traded it in at a loss. Keep in mind, during the buyback, Corporate Lexus takes care of the car and it goes back to them. Here you have a dealer that got stucked with a "bad" ES350. Trust me, Kaius can probably confirm that, the guy who traded out of that car lost more than $2k. So, they still made a bundle even on your $2k discount.

Since you do like this car model and don't want to move out of it, I guess the only other choice is to go ahead with a 2nd tranny replacement. Please keep in mind - YOU automatically will have to receive 100k Platinum Warranty upgrade. Its not even an option, every dealer knows about it and its a requirement with a new tranny replacement. If everything goes well, enjoy your car. If it starts flaring again, you are entitled for a buyback. In that case you can just take your money, or get a new ES350, or move into another Lexus car. MAKE SURE to have a paper copy documenting your car's first tranny replacement!!!

Good luck and keep us updated.

onsknht

Ummm, something about buybacks and being pee'od at the dealer doesn't sit well with me here... I think since this technically is a used car that was purchased, the dealer and Lexus is off the hook for a buyback???

At any rate - - I've mentioned the used market numerous times so far. Here's a prime example and the poor sap that got stuck with my car will find out the same lesson that coleco has.

It was actually really amuzing to me to sit there and tell the dealer as I traded my car, "There's nothing wrong with it besides the fact that it just doesn't fit me, someone is going to get a GREAT CAR!"

LOL!

I know it doesn't sit well with any do gooders, but like I was going to tell someone who was buying my car (in this case a dealership) that the transmission was terminally ill and needed replacement?

sdbrandon

Lexus does buy backs for the original owner. This was a used car that was resold. I am not sure Lexus buyback program applies now or does it?

dreyfus

Nope, they have no obligation to disclose this. It's a used car that was functioning 100% and has a new warranty, so from their perspective the car was fine.

You should have asked to see the service records on that car before purchasing. That would have uncovered the tranny replacement.

But you are good to go. At this point, just treat it as a new car and carry any warranty work from here. If you have to replace a transmission, then that's number one.

milky

iTrader: (9)

yes, my friend works in service at a lexus dealership, and he says that the ES tranny is being replaced left and right.

jjbodean

lemon law does not apply on pre-owned vehicles, only new ones, so the 3-strikes doesnt come into play here.

hindsight here, but this is a good reason to ask for and thoroughly review the vehicle service history which any dealer can pull for you prior to making a pre-owned lexus purchase.

carfax wouldnt mark this vehicle as a buyback cause it probably wasnt one, it sounds like the first owner traded out of it instead.

coleco

well everyone I really enjoyed reading all the good and detailed responses. I picked the car up today and have to say they did a great job with the rotors - car doesnt pull and is fun to drive after being in the RX 350 for 2 days. So yea, essentially I do love the car and that makes some of this all less painful.

I also understand that technically it was a mildly used used car. Its funny how they would not even talk about it being a used car when I bought it - they called it a brand new car with a few miles on it. Sheesh. Anyway, the saleperson said they had no info on it at that time. I asked him specifically about it. This was way before I knew about transmission issues, etc. I was actually on my way to an Audi place to finalize the deal last summer when I stopped into lexus. 4 hours later I was driving this home. So essentially I understand about the used issue, no lemon law because used issue, full warranty starting the day I got it, etc. I understand that.

However, I am a little miffed that they decided not to disclose the transmission repair issue to me. As if it was not important in my decision. They made that decision for me and that burns me somewhat. I will pour over all of the sales contract info in detail tomorrow and see if the previous transmission replacement issue is there as someone suggested. I do not recall reading that. Following that I may contact the head manager, regional whatever they call themselves, etc. I dont scream or threaten, in fact I hate confrontation but I would like them to give me their official stance on this now that the service guy let the "cat out of the bag" about the transmission replacement. If I had a crystal ball and could see that the car would have a normal life span without major, earlier than expected repair issues, I would probably just chalk it up to my bad for not doing do diligence in research, etc.
Thanks again,
Coleco

P.S. Just 2 more things after I re read all of the posts again. Actually one could argue that the car was not functioning at 100%. Certainly the transmission flare continuing after the transmission was replaced previously is rather concerning. So essentially this used vehicle is still defective. Also, if it is preowned do I get a different warranty? Actually, now that I think about it they said I do not get 50 thousand miles warranty but 50 K less 1100 miles (amount on car when purchased). So this is not even a preowed lexus nice additonal warranty. I wonder if that changes anything. Finally, are they supposed to offer to show me the vehicle service recs - they told me flat out they had no info on the car when I purchased it. Now I am getting pissed!! Mostly at myself unfortunately.