Bought A Lemon Hybrid

While there aren't problems with the legal analysis, the reality of it is quite close to your warning: Caveat Emptor. Technically, the legal application of caveat emptor has/had been limited to real property transactions and not personal property transactions. This depends, though, on the jurisdiction.

Plainly stated: Buying a house? Buyer beware. Buying a car? Others laws exist to protect you, but you aren't hurt by being cautious.

Here, the OP actually did a couple of reasonable things, but still was taken in by someone who likely does scams like this on a regular basis. Take the name and a very good physical description to the police.

 

On the "As-Is" issue:

Each state has a way of dealing with this. In many cases, "As-Is" will ONLY be an acceptable defense to a contract claim if the statement is in a writing. Further, in many states it must be conspicuous in the writing (larger font, all caps, bolded, etc.).

Could this sale be "As-Is" even though there is an agreement about repair? Yes, it is possible. If there is one document for the sale that says nothing about the repair, and it has sufficient "As-Is" language for that state, and the sale was completed, with money, title and keys all changing hands, and the repair agreement was signed LATER, then the repair agreement has no value. This is because the transaction already had taken place, and the seller has neither given up nor gained anything by signing the document. Whether he knows it or not, the buyer likewise has not given up anything of value for the repair agreement.

On the other hand, if the repair agreement were part of the purchase agreement (written or otherwise), then I know of no state that would find the sale to have been "As-Is". The parties clearly contemplated a potential problem for which the seller retained liability. The buyer has paid more than he otherwise would have paid in order to get the repair agreement. These things speak clearly to the intent of the parties (aside from the seller's intent to defraud).

 

Don't blame this on the car, you were scammed. You bought a really used car, without checking it out. The car is not a LEMON, it just has problems.
Go to the police, and then go to a lawyer and see if you can get any of your money back.

 

I understand your position, but you must understand that what you purchased was not a lemon.

Certainly, the car is not safely operational, but that does not make it a lemon. A lemon is a new car that has not been successfully repaired, despite numerous efforts (between 2 and 4 times in California, depending on the conditions) to complete the repair during the original manufacturer's warranty period.

It is possible your car is a lemon that has been improperly offered for resale, but that is easily determined, because the car would have been tagged as a lemon by the original dealer or manufacturer's representative.

So . . . you don't have a lemon. You have a car that requires an expensive repair. The problem is that the seller deceived you and is not willing to live up to his promises and responsibilities. So far as I can tell, there is no liability, obligation or fault with the manufacturer. (And, yes, I know you've never accused Toyota of any fault or ever suggested Toyota has any liability or obligation.)

 

As a class they are good cars when new. The one you bought was either a lemon or it was screwed up by a previous owner. This is a risk one takes when buying a used car. A careful inspection by a Prius technician before buying it probably would have detected the fault.

 

Yes, you did blame it on the car...........even your avatar gives the prius a bad name.........boughtalemon, indeed........you're someone who didn't have the very used car checked out in advance of purchase.
I guess you'll know how to handle this situation next time you buy a used car........

 

Any luck tracking them down? Had a thought on this...once you get a small claims judgement I wonder if that can be used by your bank to trace what account the money went to. With that information you could then notify the financial institution and wait for money to appear...

 

As Shawn asked, could you not trace to the account and bank where the check was deposited.....or did you pay him in cash......?

I'm sure that Toyota will be able to direct you to a very reputable dealer to make repairs to the used car that you purchased.

 

I am just curious .....
I have read all the post, and I understand your disgust..... and financial loss.

But: What did the rest of the vehicle look like? Was the interior clean? Did the tires have good tread? Was the paint shiny; no dings?

Was there good reason to purchase the vehicle based on other physical and observable characteristics? ... acknowledging there are some defects that cannot be readily seen.

 

Never ever EVER pay cash for a car, or any other big ticket item!! On the flip side, never ever ACCEPT cash for a large transaction, it has "illegal drug dealer money" written all over it. I had a guy once offer to pay me $275,000, all cash, for some property I was selling. He flipped open a large suitcase, I smiled, and told him to leave at once and never return

As far as the transaxle, get a second opinion. Are you close to these guys:

Hybrid Specialists

If so, have them check it over