IS144

Even if there weren't records of frame damage, the dealership has to do a safety inspection on the car before they can sell it. If frame damage is discovered, they have to disclose it to you at the time of sale. It may be different in other states, but this is the law in Cali.

cestjoel

iTrader: (4)

I was in the same situation. I bought an Audi A4 from a Toyota dealer. Carfax was clean. When I showed te car to a fellow CL member he found evidence of repairs.
Here is a link to the thread of what happened with my story. http://www.audizine.com/forum/showthread.php?p=6490893

In the end, I ended up with my IS250 and very happy.

meanse4681

Carfax is NOT accurate. I know this because my Toyota Camry was in an accident with $10K in repairs. Neither the insurance (from the guy who hit me)or repair place reported it so when I traded it in the car had a "clean" carfax report. The car dealer was a friend and new about the accident, damage and repair but he said as long as it had a "clean" report I could get more money for it.

marine1342

Well went ahead and bought a carfax report so that I could take a look at my car, and sure enough the accident along with other information is now present on the report. What is strange though is that five months after the accident, carfax still didn't have the report and, not sure if this is possible, but from when I got the carfax from the dealer on 3/31/2011 and when I pulled the carfax listing yesterday, there is an entry that was removed.
On my first carfax it says
3/2/2011 Dealer Inventory; Vehicle offered for sale
On the second report I printed this entry was removed

marine1342

Well just got lectured by the GM how I shouldn't be talking to sales managers and only be talking directly to him, that I should talk to carfax because this would be their issue, and that his technicians go to school every year to get retrained, and do a much better job than some technicians at an auto auction making $10 dollars an hour.
And how he has done nothing wrong and that he doesn't have to disclose accident information to me if he knew, and that I cannot go do anything legally against him because he has done nothing wrong.
Very rude and short with attitude from the begining.
Told him I want the car returned due to a discrepency on the vehicle damage and how it has affected the resale value and I was sold the car under the pretense that it was fine.
***** him, this is now going to corporate.

marine1342

Just got off the phone with toyota corporate, they took the name and information of the dealership group. And now I have to wait for a Customer Relations Manager to give me a call by three business days (meaning Wednesday....)
This is just a freaking headache and disaster. Glad my car makes a nice driveway ornament.....

cestjoel

iTrader: (4)

Good. I'm sure Toyota corporate will take care of the situation. If not, carfax has the buy back guarantee. And if that doesn't work, call your district attorney. and yes, they DO have to disclose if the car was in an accident! It's te law. This is from the CA DMV Vehicle Codes

http://dmv.ca.gov/pubs/vctop/vc/tocd3_6c4.htm

(by the way, I don't know if you reside in ca, but there still should be something similar in your state.)

E6BAV8R

It looks like CA is different for disclosure, but generally dealerships do not have to disclose accidents or frame damage. At the same token, CarFax reports don't mean anything, as they are not required and are essentially only voluntary-provided information.

It's called get a pre-buy inspection from a non-affiliated, third-party mechanic. It's unfortunate the lesson had to be learned the hard way. I think I paid $60 for my pre-buy on my Lexus.

No they do not have to disclose. CA seems to be the exception, but it doesn't appear he bought the car in CA.

Did the purchaser buy a Carfax report before purchasing the vehicle, or was it merely the free version of the report you read? I wouldn't think you're protected by Carfax if you didn't purchase their full report.

Micaiah

Just remember to keep your cool when you talk to Toyota.

is250cpo

iTrader: (1)

based on my experience, toyota / lexus corporate won't really do much, but may help you annoy the GM enough that he may try to work with you.

I would also still try contacting carfax about their buyback guarantee since you are still within the 90 day window, but remember you need to register for that program, its not just available to you without registering for it. if they require the orignal buyer of the carfax to file the claim maybe you can get the dealer to do so to help you now, that should be a fairly easy argument for you to get them to do that.

try the Attorney General of your state, they should have a consumer watch division.
try contacting your local consumer watch reporter to see if they will pick up the story

CA is the first that i know of where its law that dealers have to disclose accidents. I know based on my situation that NY and MD does not, not sure about your state.

It took me almost 2 months to get my situation resolved with but in the end and it was eventually through the dealer GM himself, not through lexus or toyota corporate.

Did you check to see if your dealer is a part of a larger corporation? If so, also go that route and complain to them. They may be more efffective in getting things done faster since they are ultimately the dealer GM's mgmt, not lexus or toyota.

Hang in their.. your just getting warmed up.

shui3000

Hey,

You actually do have a case. If they knew the information, which they did because it was sold at auction as a frame damaged vehicle, and knowingly and willfully hid information regarding the safety of the product: boom, you have a case.

Find out what corporate says. If they're no help (which they probably won't), let them know that both them and the dealership will hear from your attorney. Consult an attorney, hopefully you have a friend. Have him/her send them a letter threatening litigation, but can be avoided if they just compensate you or return your money.

Hopefully it doesn't have to go further than that, because litigation is terrible. You spend more than it's worth, and it's a huge emotional headache. Usually the legal threat scares them enough to make a deal.

Good luck.

Gville350

iTrader: (10)

I feel for you man...I just hope that everything works out how you want it and are able to return the vehicle. GL!

E6BAV8R

Again, unless Illinois state law requires disclosure of accident damage (which most states do NOT), than you have no case. Toyota and Lexus Corporate probably won't do much of anything, as they have no game in this fight. State law is what is going to dictate what is done.

DreamerzCC

iTrader: (1)

There are ways to repair a car and it not be reported. People do it all the time. But if it was done a reputable repair shop then it would have been reported. Who wrecked it probably had a friend in a body shop and got a hook up so they could get rid of it.....

marine1342

Well talked to the Toyota regional office of chicago, and was told that pretty much im at the hands of the dealer. I could talk the the dealer group owner but Toyota reg of Chicago said that id more than likely get referred to the GM of the dealership. The guy I spoke to said he knows the GM if the dealership and I would need to let him and his mechanics inspect the car and show them what I've found. The GM did tell me during his "lecture" that if something was found he might consider trading in the car for something else they have. Not exactly what I want since I honestly dont want to deal with a group that can hide the truth...
Has anyone had any experience talking or dealing with their state attorney general on all this? Cuz a lawyer financially doesn't seem worth it?