Do I have a recourse?

[toyorgy]

So I ride the bus for 4 hours to buy a 2010 4runner. It's not the trail model that I wanted but around here, used 4runners are scarce.

Prior to making transportation plans I sent the dealer an email:

Hello xxxxxx,

I'm in Portland Oregon so I will have to make arrangements. My budget is $25,000 and i'm not looking to be financed. Is there anything about the vehicle that may need attention?

They reply:

Hey Ken,

I can do $25,000 out the door of this vehicle. It is a one onwer with a clean carfax. I can have it all ready for you once you get here. I would need a $500 deposit to lock the vehicle down and pull it off the lot for you. The vehicle is in excellent condition.

Are you paying in cash or personal check?

When are you available to call me for me to take a deposit? You can call me at 253-xxx-xxxx.

Thanks,

In hindsight it looks like they parked the car at an angle with the rear end facing away from the direction I would be walking so there would less chance of me noticing the damage (or my imagination is going wild).

After the bus ride and with the heat wave, I was tired and did not bother to look the 4runner over or even test drive it. This is my third 4runner so I thought it wouldn't be necessary to test it since I thought i'd like it anyway. I took the dealers word that it was "in excellent condition".

Well, it's not. Aside from scratches all around the doors (scratches look white on black) there is damage on the lower right side of the tailgate. It looks like someone used a slide hammer several times and used bondo and didn't even take the time to sand it smooth before painting it.

One more thing, they state that this is a one owner car yet there was a registered new owner at 5000 miles. That says to me that i'm the third owner.

What would you do?



Another possible issue: I'm not sure how accurate a GPS is with speed but I noticed that the indicated speed on the speedometer seems to be 2 mph faster than the GPS speed. Over time, that will affect the true odometer mileage of the car. Edit** never mind that. I found this:

Which speedometer should a driver use?

It really comes down to personal preference since both gauges are reliable for determining a safe, legal traveling speed. In most cases the vehicle’s speedometer will show a higher speed due to the aforementioned inaccuracies but this at least ensures the driver stays lower than the posted speed limit.

 

[toyorgy]

To make matters worse, it's only getting an indicated 15-16 mpg on the hwy.

 

[jonesmw10]

After the bus ride and with the heat wave, I was tired and did not bother to look the 4runner over or even test drive it. This is my third 4runner so I thought it wouldn't be necessary to test it since I thought i'd like it anyway. I took the dealers word that it was "in excellent condition".

That was a mistake... I doubt the dealer will do anything to help you out. I'd imagine you are on your own with this, unfortunately. Any pictures of the damage?

 

[toyorgy]

I do have the email stating that "The vehicle is in excellent condition" which is a lie. I'll go take pictures.

**edit**

I suppose I got what I paid for. Retail clean is $28,475 (NADA). I paid $25,000. I'm more upset that I was lied to and it's only getting 15mpg on the hwy.

 

[toyorgy]

I guess legally they don't have to disclose any damage. Sad way to do business and live your life. Withholding information is lying with that integrity flies out as well. These people are part of the problem that is wrong with the world today.

He emailed me:

Now you are getting frustrated and now you are calling me out. In no way did I do something not honest to your. You get to see all the pictures online as well got to see the vehicle before you decided to pull the trigger on the vehicle.

Can I ask what I did wrong again?

Here is his picture that was such a small resolution so I enlarged it but then it becomes blurred so the damage is not visible.

Here are my pictures:

What did he do wrong? If I had to explain, he wouldn't understand. I specifically asked him if there is anything I should know about the vehicle before I bought the bus ticket. Excellent condition? yeah right.

 

[toyorgy]

Adding insult to injury, they did a hard inquiry on my credit which negatively affects your credit score for two years. Why? this was a cash buy and they knew that before I even bought a bus ticket.

Avoid Doxon car dealer they are unethical.

 

[LandCruiser]

Looks like someone took a shotgun to the liftgate...

Also, you bought a used vehicle without a thorough inspection?

 

[IdahoAngler]

Get an estimate to repair the damage correctly. Send the dealer the estimate with a demand letter from an attorney. If they fail to respond, file a small claims action for the damages (likely will have to file in the state/county where the vehicle was purchased). Let a judge decide who's right/wrong.

 

[BlackCat914]

Get an estimate to repair the damage correctly. Send the dealer the estimate with a demand letter from an attorney. If they fail to respond, file a small claims action for the damages (likely will have to file in the state/county where the vehicle was purchased). Let a judge decide who's right/wrong.

A judge will tell you that "excellent condition" is a matter of opinion, and In no way can be defined. OP paid $3g's under clean retail, I'd use the difference to repair the issues, and no longer deal with the dealer. If you REALLY want to hurt the dealer, use the Internet as a resource. yelp, etc.

 

[RWBlue01]

#1. I have seen greater than 2MPH difference in real speed vs. speedometer. As you know, when you change the tires, it changes the real speed vs. speedometer. It wouldn't bother me, I would just note it in the back of my brain and move on.

#2. The damage. You screwed up by not looking at the vehicle. They screwed up by not disclosing the damage. And I am hitting this thread almost a year later. In many states there are lemon/sucker laws. That you could have used to kill the deal. This still wouldn't help recover your bus ride time or ticket, but....


As I have been told many times, don't sweat the little stuff. Decide if this is little stuff or something that you can't live with.

 

[TrdinOhio]

The process of legally getting a vehicle taken back is almost not worth it unless it's undriveable.
Most of these issues are handled at the dealership level. Follow the chain of command and be polite, best of luck