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Certified Prius '11 Brakedown Same Day of Purchase

Discussion in 'Gen 3 Prius Care, Maintenance & Troubleshooting' started by pc95, Feb 21, 2014.

  1. pc95

    pc95 Junior Member

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    I bought a Pre-certified Prius 2 2011 model yesterday with 24k miles and Extended Warranty.
    I'd test-driven it satisfactorily on the freeway and was pleased with the inspection and price. Upon driving off the lot about 5 miles on the freeway I took it up to a higher speed (75), I was surprised by another driver flagging me down and horrified by white-smoke spewing out the rear of the car. I pulled over as fast as I could. At least a quart of oil dripped onto the emergency lane and all over the chassis - the undercarriage had visible oil spots as well. I called the dealership and they towed myself and the car back. I waited 2 hours for them to tell me they needed the car overnight, and the serviceman who was apologetic told me he'd call me back at closing which he never did nor leave a message. The next day the service center said it was a defective oil filter gasket. My wife has strong reservations on purchasing the car so I went back today and requested a full refund. They would not agree and pushed back. The dealer pulled the "you signed a contract" response, "so we cannot do that". I told them the contract was based on their "certified" car and should be voided especially as we have reservations about the car and workmanship now. They told me the best they could do is an exchange. Do I have any recourse here? I don't really want to get nasty, but I feel like I'm being bullied a bit. If they cannot give a satisfactory exchange, how can I compel the stoppage of payments? I had the car for less than 10 min on the road. Thanks for the advice....
     
  2. bisco

    bisco cookie crumbler

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    welcome to priuschat! some states have a 3 day 'cooling off' period after signing a contract. check with your attorney general's office of consumer affairs. all the best!(y)
     
  3. Air_Boss

    Air_Boss Senior Member

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    Was this a Toyota Certified vehicle? If so you may want to contact the Toyota regional office.
     
  4. daczone

    daczone Junior Member

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    Taken from:
    Car Buying Rules on a 3-Day Grace - Budgeting Money


    Contrary to popular belief, automobiles typically do not qualify as a returnable item under the various buyer's remorse laws. These laws typically give a consumer a three-day "grace" or cooling-off period and enables them to change their mind on the purchase within three days of signing a contract. While these laws protect consumers after the purchase of some products, you can only return a vehicle if your contract with the dealer gives you the right to do so.

    Contract Cancellation Clause

    Before you sign the contract, read it to determine if it contains a clause allowing you to return the vehicle. These clauses typically are part of a manufacturer program like the Hyundai Assurance Program that ended in 2011 and are not normally included in new purchase or lease contracts. The Hyundai program allowed purchasers to return a vehicle within the first year if the purchaser lost his job. Some dealers such as CarMax have a return policy, but the vehicle must be in the same condition as when it left the lot to qualify for a full refund.
    Lemon Laws

    Lemon laws protect consumers if they bought a vehicle that has an inherent, nonrepairable problem. According to the Car Lemon website, if a vehicle has had four or more repairs for the same problem while under warranty without being fixed, most states will qualify it as a lemon. The catch is that the defect has to relate to a safety issue such as transmission or brake problems to qualify. Not liking the car after purchase or the inability to pay for it does not make the car a lemon.
    Used Vehicle Exceptions

    Dealers must include a buyer's guide with the purchase of a used vehicle. This guide gives the condition of the vehicle and states whether it has a warranty or is sold "as is." If you do not receive a buyer's guide with your purchase, you may, depending on the laws in your state, be able to return the car for a refund. The buyer's guide must contain information about major problems that the car may have.
    Considerations

    Purchasing a car is a major commitment. If you finance it, you are promising to make the payments for up to eight years. Consider your current and future needs when shopping for a new car. That sporty model you like so well may not fit your lifestyle after you get married and have children. Typically, your only recourse if you decide that you don't want the car is to sell it, which could leave you owing more than you receive from its sale. There is no easy out for those that decide that they do not want the car after purchase so make sure that you are fully committed to buying a car before you sign the contract.
     
  5. pc95

    pc95 Junior Member

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    California does not have the 3 day cooling off period....however - there was only 10 min of driving off the lot until the failure. My problem is how am I supposed to trust this service department's workmanship after being supposedly certified?
     
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  6. orenji

    orenji Senior Member

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    Well you don't have many options. But since the car did not warn you of low oil, it may not have been too bad, not much oil is needed to make a mess, and smoke. Your choice is to keep the car or exchange it. If you keep the car,I would seek an extended warranty to now be included in this purchase, on top of the Certified.
     
  7. cwerdna

    cwerdna Senior Member

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  8. PriusGuy32

    PriusGuy32 Prius Driver Extraordinaire

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    I want to agree with orenji - if the car didnt warn you about low oil pressure, you likely have no damage except an oily undercarriage and the bruised (new-to-you car) ego.

    If they will not terminate your contract, why not ask them do something for your inconvenience? Like throw in a Toyota accessory or two, etc? Or 2 years worth of oil changes, etc... just an idea. I personally would not let them change my oil again, lol.
     
  9. adamace1

    adamace1 Senior Member

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    Don't go there for service.. If you didn't get warning lights on your dash for low oil pressure I don't think you did any damage. Nobody is perfect and stuff happens. Their not going to take the oil filter off to inspect the gasket in their inspection. I think you need to calm down. you have the extra warranty, and one of the most relilable cars made. Their are no laws to let a person walk away from a contract because of a oil leak. If you and your wife are this anal, I would recommend only new, and to do all service yourself.

    Say they give you all your money back on a exchange and the next car really has a major break down? What you going to do then?
     
  10. ursle

    ursle Gas miser

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    I'd document everything, if it need's a new ice(internal combustion engine), in the future, which it might not... you'll have leverage, the oil filters on the 3 series are an accident waiting to happen surprised this is the first. I'd be upset if it weren't Toyota "used" certified.
     
  11. Mike500

    Mike500 Senior Member

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    I am always careful after I had any service done to my car even when I did the service myself.

    I would have NEVER admitted to having taken the car to 75MPH either here to anyone else.

    You have apparently not talked to the right person on taking the car back.

    The car has obviously not been registered in your name, since you just bought it.


    The dealer's service department is required in California to be insured.

    I'd contact and consult with an attorney to find out who their insurer is.

    Then, if you can afford it, I'd settle for a substantial discount on a NEW car.
     
  12. daczone

    daczone Junior Member

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    You certainly cannot trust the service department. Long story short. Bought a Brand new Tacoma Off Road Double cab last year. The driveline vibration was horrible (2 piece, flawed by design) there is a TSB on it in which they swap out SPORT springs (softer spring rate). They did all of that and the problem was worse. They brought in someone from Toyota who said their was no problem. (Long story short is I told the service department to put all my parts back on the truck which they refused) I threatened to sue, and I had a Prius plug-in as a loaner that I would not return to them until this was resolved. They ended up giving me a brand new Toyota Sport Double cab, which didn't have this issue.
     
  13. orenji

    orenji Senior Member

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    Not sure what your point is, in the end Toyota stepped up and replaced your vehicle with a new one, sometimes the dealers need a phone call from corporate. The regional managers don't always make the best choices, they sometimes need to be directed from higher up at Toyota, but this is no reflection on Toyota, they will always make it right, but here we are talking about a used car, not a new one., certified or not.
     
  14. pc95

    pc95 Junior Member

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    Well today, we went through the exchange and haggling.....I paid an additional $800 for a 2013 model with 14200 miles and quite a bit of haggling. My wife was agreeable to it. We were satisfied with the resolution, and can now get on with enjoying the newer vehicle. As a small unexpected bonus we got a CA hydrid battery warranty extension since the car was built in state. The hybrid warranty covers 10 years, 150,0000 vs. 8 year, 100,000 miles. Thanks for your responses.
     
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  15. Mike500

    Mike500 Senior Member

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    They knew that they were liable.

    They sold the 2013 at nearly cost to make you happy.

    They apparently took the smart man's way out to make you happy.

    Thy also know that the vehicle has NOT been registered. ALL they would have to do was to clean it up and put it back on the lot with no record of what happened for the next potential buyer to find out.

    Good luck!
     
  16. orenji

    orenji Senior Member

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    I think you mean the car was sold in state, not built in state, all Prii are built in Japan.
     
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  17. ny_rob

    ny_rob Senior Member

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    Sounds like you made out in the end- $800 extra for a 2 year younger car with 10K less miles on it!
    Maybe it was meant to be?
    Congrats...
     
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  18. Cjeigh

    Cjeigh Junior Member

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    I disagree - the extended warranty - 12 mths/12,000 miles excludes much, covers little in the way of "in case it's not really what's expected of a Toyota Certified Vehicle". Before you buy - check the EXCLUSIONS. I didn't, so I'm helping you. : )
     
  19. Tony D

    Tony D Active Member

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    Congrats, good result in the end
     
  20. jhinsc

    jhinsc Senior Member

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    Glad to see it worked out! Sometimes things happen - if it was a defective gasket then it wasn't the dealer's fault. My guess is the filter could have been installed wrong with the gasket not seated properly. Dealer will claim defect so they're not held responsible for the cost of damages, but you'll never know. The dealer did the right thing in the end, but throwing the "you signed a contract" in your face was a stupid move on their part. Not good for publicity!