omarkhan78

It took me 4 months to realize that my car was flood damaged. Below are the reasons why I think its flood damaged

Issues with the car:
1. The first time I did a super car wash ,paint from the side of the doors,hood, roof rack came off and the rust was visible.
2.Rust bubble popped up from the tail lift gate ,door foot step ,roof rack(Its paint bubbles with rust spots) with in 2 weeks of the purchase.
3.The Car lift gate hinges 60% rusted(two bars which move the lift gate up and down)
4. Floor of the car carpet has gone lose and is coming up.
5. Bottom of my car seats are rusted and is making rattling noise. Looked around the seats found coins ,key chains which reduced the noise by 50 percent.
6. leather from the rear seats are coming off (its not leather cracking its leather pealing off)

Dealer service:
1.Dealer is not ready to fix the rattling noise or suggest a solution to fix it. As per them its a common phenomenon.

2.Got rust proofing done from dealer ,after a week looked underneath and found that rust coating was not done. Had to argue with them and had to leave my car for 2 days to get the coating done.

3.First free servicing(oil change + car wash + vacuum): dealer did oil change , did not do car wash or vacuum. after sending them images of water spots on the car, dealer agreed that the car was not done and wanted me to get the car for car wash.

Conclusion: The dealer is not ready to touch the car any way, as if he is afraid that the paint will come off. The dealer is not ready to fix the door foot step rust bubble ,say its coming because of people keeping their foot on the foot step.
Dealer fixed the rust bubble on the tail gait, after the few days the paint just came off.

What is it that I can do now? I have spend like 38K on the car. what legal actions can I take? Does any one know any Auto sale fraud lawyers in Toronto?

Thanks for you help in advance

primavera

Sorry to hear that happened to you. You can try and post it on Reddit, also on RedFlagDeals forums.
Here are some links that might help

https://files.ontario.ca/cpo_0008-17...protection.pdf

http://www.cbc.ca/news/business/lemo...have-1.2951106

Airbalance

That sucks,
Which dealer ? Is it a Lexus dealer ?
Did you get a car proof report ?
In Ontario , I believe you have take your complaint here https://www.omvic.on.ca/portal/

omarkhan78

Yes its a Lexus dealer in Toronto
Yes have a car proof report. It does not show Flood damaged. Do you think OMNIC can help me with the Rust coming from car?

FastFord

Check out the omvic site. Here is just a few things they protect you from...

Required disclosures

1. The make, model, trim level and model year of the vehicle.
2. If the vehicle has been used as a taxi, limousine, police or emergency vehicle.
3. If the vehicle has been leased (rented) on a daily basis and has not been subsequently owned by someone other than a dealer.
4. If any collision or incident damage to the vehicle was greater than $3,000 (and the total cost of repair if known by the dealer).
5. If the vehicle has been classified under the Highway Traffic Act as irreparable, salvage or rebuilt, or was declared a total loss by an insurer.
6. If the vehicle has two or more adjacent panels that are not bumper panels that have been replaced.
7. If the manufacturer’s warranty on the vehicle has been cancelled.
8. If the vehicle has sustained any damage caused by fire.
9. If the vehicle has sustained any damage caused by immersion in liquid that has penetrated to the level of at least the interior floor boards.
10. If there has been structural damage or if the vehicle has had repairs, replacements or alterations to the structure of the vehicle.
11. If the vehicle has an anti-lock braking system that is not operational.
12. If any of the vehicle’s airbags are missing or not operational.
13. If the vehicle requires repair to any of the following:
    1. Engine, transmission or power train.
    2. Subframe or suspension.
    3. Computer equipment.
    4. Electrical system.
    5. Fuel operation system.
    6. Air conditioning.
14. If the contract is for the sale or lease of a specifically identified new motor vehicle (e.g., VIN is known, in stock, etc.), the maximum distance that will be shown on the odometer at time of delivery.
15. If the contract does not specifically identify a new vehicle (e.g., a vehicle which must be located, VIN unknown), the maximum distance that will be shown on the odometer at the time of delivery or a statement initialed by the buyer that there is no maximum.
16. If the contract is for the sale or lease of a used vehicle:
    1. The total distance driven.
    2. If the dealer cannot determine the total distance the vehicle has been driven, but can determine a distance the vehicle has been driven as of some past date, that distance and date, together with a statement that “the total distance the vehicle has been driven is believed to be higher.”
    3. If the dealer is unable to make any type of determination as to total distance driven or as to distance driven from a past date, that “the total distance driven is unknown and may be substantially higher than the reading shown on the odometer.”
17. If the vehicle’s odometer is broken or faulty, has been replaced or rolled back, or is in miles.
18. If the vehicle is materially different from its original or advertised production specifications.
19. If the badge or any other indication on the vehicle relates to a different vehicle model.
20. If the vehicle was previously registered in a jurisdiction other than Ontario, and if so, a statement indicating which jurisdictions. This requirement does not apply if the vehicle has since been registered in Ontario for more than seven years.
21. If the vehicle was recovered subsequent to being reported stolen.
22. A statement of any other facts that could be expected to influence the decision of a reasonable buyer or lessee to purchase or lease the vehicle on the terms disclosed in the contract.

vlad_a

IMHO, you're jumping to conclusions about this being a flooded vehicle.
It's got a nice salt treatment, which would be in line with your geographical location.
If you can find water stains where there should be none, then you've got some proof.
And you'd be dealing with a ton of electrical issues if the vehicle was indeed flooded.

To me, this sounds more like a buyer's remorse, if anything.
If you're not happy with this particular vehicle, and by your description, it is not the best sample out there, trade it in for one that will suit your needs better.

jshow816

Would you mind posting pictures of the items in question?

roadbike56

I agree, this is probably not a flood vehicle. The signs of a flood vehicle include but are not limited to a distinct musty, foul odor, water stains on the interior and underneath exposed areas in the interior, and electrical problems. Actually, in a fresh water flood, the rust mentioned in this thread is NOT a symptom. IMHO this car was exposed to some serious salt air or perhaps it was used to place a boat in salt water or just driven extensively on salted roads.
Regardless, this doesn't excuse the dealer's mishandling of service.