Bought A Lemon Hybrid

[boughtalemon]

Hi,

I purchased a 2002 Toyota Hybrid from someone last week. At the time of purchased he told me that his wife had been the sole owner of the car and was selling it because they needed a minivan. I bought the car for $5200. I had him sign an agreement stating that if any problems arose in a one months time that he would be responsible for repairs. Well, the check engine light came on the following day. I called the seller but his phone number was disconnected. I took the car Toyota to get it inspected and was told the transaxle (transmissions for Hybrids) needs to be replaced which will cost close to $5000. I obtained the vehicle information from the DMV. Its turns out that he was not the original owner. He purchased the car two weeks ago from the original owners who had informed him (I spoke with them this week) of the transmission issue and therefore, sold it to him for $3500.

I obtained his address from DMV and plan on either sending him a letter of complaint or going to speak with him directly. I also plan on fling a police report.

My questions


How much is it usually to replace a tranaxle?


Does anyone know Hybrid specialists in the East Bay, CA? How can a Hybrid mechanic specialists?
Should I just call this a lost and get rid of this car rather than repair it? (I found a mechanic who will do the job for $2200 with a 6 months warranty)?

Thanks in advance for your responses.

[JimN]

It's not fair to call a 7 year old car a lemon. IMO forget trying to make contact yourself. I'd file a police report and press for charges. If your goal is to recover your money then don't repair the car. Next time investigate before buying. Good luck.

[a priori]

I know you intend to file a police report (also, I assume, a complaint through the DMV), but I suggest you also call the California Attorney General's office. Even though this is a private party sale, it does have the appearance of a fraud, and the Attorney General may already have been keeping information on the person responsible.

Also, start checking court records in your county to see if there are other lawsuits against this person. If so, then you may save yourself some time and money by contacting the attorneys who already have actions going against this person.

[morpheusx]

I don't necessarily think you bought a lemon. You made a common used car mistake, which is you bought a 7 year old used car without having a someone qualified to take a look at it. I have learned my lesson before and now when I look at a used car I take along an OBD II scanner with me and plug it into every car during the test drive. I have no idea what your legal options are, you may want to pursue the person who sold it to you having to pay for the repair.

[a priori]

Originally Posted by morpheusx

I have no idea what your legal options are, you may want to pursue the person who sold it to you having to pay for the repair.

The basic legal claim is for fraud. Among the remedies would be recision of the contract, meaning the car would be returned in exchange for the dollars. Also, depending on the evidence, the buyer here could be awarded costs and, potentially, attorneys fees. I don't know (and won't advise on) the California law on this topic, but there may also be room for punitive damages.

[Rokeby]

The title of this thread is grossly, and I hope not intentionally,
misleading. It has a certain, how can I say it... alarmist tone, that is
sure to draw ill informed or ill intentioned visitors from the 'web.

Whether this unsavory misdirection is intended or not, I cannot believe
that Priuschat would allow itself to be so blatantly abused as to be
the permanent site for this malignancy.

An accurate title would read something like:

A dishonest person sold me a broken car. What can I do now?

[bedrock8x]

I don't think there is any evidence that it is a fraud if you bought the car 'AS IS".
There is no law to require the owner to disclose any problem with the car like in real estate transaction. This is why we call the "USED CAR SALESMAN".
But you did have a contract with him about the repair, you can sue him in civil court if you can find him.

[a priori]

Originally Posted by bedrock8x

I don't think there is any evidence that it is a fraud if you bought the car 'AS IS".
There is no law to require the owner to disclose any problem with the car like in real estate transaction. This is why we call the "USED CAR SALESMAN".
But you did have a contract with him about the repair, you can sue him in civil court if you can find him.

I doubt California law is that different from the rest of the U.S. in terms of fraud.

The evidence is that the seller used misrepresentations with the intent that the buyer would rely on those statements to the buyer's detriment and the seller's benefit -- and that those things all did happen.

The seller lied (sole owner; wife was the only user; had to replace for a reason other than a problem with the car; suggested the value was significantly higher than it really was; agreed to repair with no apparent intent of doing so), the buyer relied on it, and it has caused damages to the buyer.

Fraud is not an easy thing to prove, but the facts here are pretty strong.

[tochatihu]

Good luck with the legal remedies; it would seem that you are better off without this car.

If you decide to keep it, contact Art's Automotive in Oakland or Luscious Garage in San Francisco. They are the go-to shops in your area and you're lucky (in this aspect at least) to be near them.

Post updates please.

[jburns]

Originally Posted by a priori

The basic legal claim is for fraud. Among the remedies would be recision of the contract, meaning the car would be returned in exchange for the dollars. Also, depending on the evidence, the buyer here could be awarded costs and, potentially, attorneys fees. I don't know (and won't advise on) the California law on this topic, but there may also be room for punitive damages.

That all sounds so good but there are a few problems with it. First you have to find him. Secondly he has to have enough money to make it worth going after him. Most of these guys spend it as fast as they scam it. Buyer beware is not just a slogan.