Help with Customer Rights Questions

[freshencounter]

Hello,

I hope this email finds you well and happy.

First I want to give thanks for this cool community. I love that so many folks are purchasing hybrids.

I need help:

3 weeks ago my partner and I purchased a 2001 Prius from a local dealer in CA. Yesterday several warning signals came on while driving on the highway and the car slowed down to 19 mph. I contacted our dealer and spoke to someone in the service department who told me the car had been in for electrical problems prior to our purchasing the car. He also told me that they had all the maintenance records for the car. He advised me to go to SF Toyota for repairs.

When we purchased the car we were not only told that there were no problems, but we were also told that the dealer had no records. The car is 5 years old and it appears has actually been serviced at the dealer for the past 5 years. (As a matter of fact, I recently figured out that the car was originally sold from the dealer, maintained by the dealer and traded back to the dealer before we purchased it.)

SF Toyota discovered a problem with a sensor on the car and told us that Concord required that we drive or tow the car back to them for repairs. (They reset the sensors for the 50 mi. drive.)

We never signed anything that said the car had a problem, current or previous. As a matter of fact, they gave us a KB record that is clearly inaccurate and they kept the car maintenance records from us.

Does anyone know if we have any rights? We have a 90 day/3000 mi. warranty. We haven't driven 500 mi, and we've only had the car for 3 weeks.

If they sold us a car with a known problem, do we have any rights in CA?

It's possible that they reset the same sensor before selling it to us. How can we be assured that they won't do it again while waiting for the warranty to run out?

We’d appreciate any advice or assistance you can offer.

Thanks,

Fresh!

[eagle33199]

I take it there was some sort of warranty they provided you with when they sold the car? was it classified as a "certified pre-owned vehilce"? If you are very concerned about this, you may want to contact a lawyer for better advice than you could get here. You should obtain their records for the car and see what you can find out about it from those.

[hyo silver]

Welcome to PriusChat. Too bad this experience is your introduction to an otherwise fine automobile.

If it were me, I'd take it back and ask for a full refund, including whatever you've paid in repairs. You were lied to, and the car is not as was represented. If they balk, let them know you'll be adding lawyer's fees to the refund, and go find one.

[freshencounter]

Thank you for your advice eagle33199.

You are right, because of the way they concealed the problem, we may have to contact a lawyer. Ooo, this sucks.

Thank you for your reply,

Fresh!

<div class='quotetop'>QUOTE(eagle33199 @ Nov 29 2006, 02:37 PM) [snapback]355317[/snapback]</div>

I take it there was some sort of warranty they provided you with when they sold the car? was it classified as a "certified pre-owned vehilce"? If you are very concerned about this, you may want to contact a lawyer for better advice than you could get here. You should obtain their records for the car and see what you can find out about it from those.
[/b]

Thanks Mr. Silver :-)

We may just end up doing that.

Thanks for your advice.

Hopefully I can return soon with great news - I've wanted a Prius for a long time...

Fresh!

<div class='quotetop'>QUOTE(hyo silver @ Nov 29 2006, 03:00 PM) [snapback]355325[/snapback]</div>

Welcome to PriusChat. Too bad this experience is your introduction to an otherwise fine automobile.

If it were me, I'd take it back and ask for a full refund, including whatever you've paid in repairs. You were lied to, and the car is not as was represented. If they balk, let them know you'll be adding lawyer's fees to the refund, and go find one.
[/b]

[tumbleweed]

In addition to other advice I would suggest contacting the state Attorney General's Office. In some states they are fairly aggressive about trying to keep car dealers from cheating people to badly. You can most likely find them on the internet and either email or phone them.

Also don't forget the Better Business Bureau.

[freshencounter]

Thanks so much tumblweed,

We'll try that. If we could afford to hire a lawyer, we would have purchased a newer car, so that sounds like it might be a better way.

Regards,

Fresh!

<div class='quotetop'>QUOTE(tumbleweed @ Nov 29 2006, 04:28 PM) [snapback]355367[/snapback]</div>

In addition to other advice I would suggest contacting the state Attorney General's Office. In some states they are fairly aggressive about trying to keep car dealers from cheating people to badly. You can most likely find them on the internet and either email or phone them.
[/b]

[tag]

Here's a link (relevant to your situation) for the CA DMV:

http://www.dmv.ca.gov/consumer/invest/inv172.htm

Before filing any kind of a formal complaint, you should make every attempt to resolve the dispute with the dealer, of course.

[freshencounter]

Thanks so much tag,

What plan at this time is to not contact the dealer until I know what rights I have, I will then give them the opportunity to correct the situation.

Peace,

Fresh!

<div class='quotetop'>QUOTE(tag @ Nov 29 2006, 04:47 PM) [snapback]355376[/snapback]</div>

Here's a link (relevant to your situation) for the CA DMV:

http://www.dmv.ca.gov/consumer/invest/inv172.htm

Before filing any kind of a formal complaint, you should make every attempt to resolve the dispute with the dealer, of course.
[/b]

[jeromep]

<div class='quotetop'>QUOTE(freshencounter @ Nov 29 2006, 10:12 AM) [snapback]355281[/snapback]</div>

Does anyone know if we have any rights? We have a 90 day/3000 mi. warranty. We haven't driven 500 mi, and we've only had the car for 3 weeks.
[/b]

The bad news is that your experience reinforces my feeling about used cars; no matter where you buy them or what kind of car it is it is still a guess as to how that car is going to perform after you drive it off the lot. However, you have a 90 day (12 week aprox.)/3000 mile warranty. That means that if the car needs repair, as it may, then they are reparing the car on their dime. Get it in and get it fixed ASAP, that is better advice than trying to get them to take the car back. If you are uncomfortable with driving the car after it has been serviced try to private sell it and get it out of your hands.

Buying any car is cavet emptor, however I seriously doubt you have much of a leg to stand on with regard to demanding that they take back the car becuase you feel they lied to you about its condition. The car is too old to be covered under any state lemon law, and most lemon laws only cover new cars. I'm also not under the impression that the car is in bad condition. The report you got regarding the car's history was a major incident vehicle history, like Carfax. Carfax is not about repairs or maintenance, but about accidents and incidents that the vehicle has been in, or those which have been reported through various major channels. Frankly, Carfax reports are sketchy in terms of their completness because an incident has to be reported to be included in Carfax. Oil changes and vehicle repairs are not part of a Carfax report and never will be.

Since most dealership service departments are run as almost seperate business units from sales departments, the service writer you talked with who told you they had service records for your vehicle probably will still be willing to share with you the work that has been done over the years. Shareing that info with you may put a black eye on the salesman's reputation, but might give him brownie points for being open, honest and approachable. Get that info if possible.

I hope that this experience with your vehicle doesn't turn you off from being a Prius pilot.

[IsrAmeriPrius]

Take a look at the California Attorney General Consumers - AUTOMOBILE DEALERS web page.