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View Full Version : FML - purchased a bad vehicle, need HELP!



chnk
06-19-2012, 08:53 AM
First off I created this thread to get help on what course of actions I should take for the idiotic move that I made on my part of purchasing a vehicle that looked great on the outside but got totally owned in the end.

I needed a vehicle asap because my other one crapped out and I needed it for work. So without any due diligence and little knowledge on cars I purchased a Corolla. I took it for a test drive and it felt like the engine was pretty solid and the body seemed fair for a rebuilt status. Anyways it died on me while I was on the main road then I had it towed to Toyota where they notified me after inspecting the vehicle that it should not have even been on the road and is unfit for safe use. It would require about $3000 worth of repairs for it to be safe for the road again. The tech even told me that whoever approved this inspection should lose their license.

When talking to this family man who appeared to be a honest man told me that nothing would require fixing and is in working condition but really is a piece! I had called and left messages but have not spoken to the individual that sold me the vehicle yet.

What course of action would you advise I should take or did I just lose all my money in repairs because of stupidity of making a rash decision.

max_boost
06-19-2012, 08:58 AM
He doesn't owe you anything. Your fault. Buyer beware.

Now you know for next time.

ercchry
06-19-2012, 08:59 AM
pass it onto the next sucker...

canadian booster
06-19-2012, 09:04 AM
Originally posted by ercchry
pass it onto the next sucker...

sad but true.

Cos
06-19-2012, 09:05 AM
.

-relk-
06-19-2012, 09:06 AM
Max_Boost is right, when buying a used car privately, it is buyer beware. I did not read anywhere in the post that said the car was inspected before bought?

You can try and talk to the guy about it, if he is nice, and simply did not know about the problems, then he may try to make things right. Most likely though, he will tell you to pound sand.

Inb4 the beyond vultures get you.

FraserB
06-19-2012, 09:07 AM
What is exactly wrong with it that it is "unsafe" for use on the road? I have been fed the "unsafe and we can't let you go without fixing it" line before", 99.999% of the time it is pure BS and a way to con you into spending money you don't need to.

Did they figure out why it died?

FWIW, they can't keep you from removing the vehicle from their location either.

Unknown303
06-19-2012, 09:09 AM
As a rebuilt status vehicle isn't it supposed to be inspected and pass certain conditions?

ercchry
06-19-2012, 09:11 AM
Originally posted by Unknown303
As a rebuilt status vehicle isn't it supposed to be inspected and pass certain conditions?

sure... but who is to say it didnt receive that status 10 years ago...

FraserB
06-19-2012, 09:11 AM
Originally posted by Unknown303
As a rebuilt status vehicle isn't it supposed to be inspected and pass certain conditions?

It is, and at a reputable inspection facility, it is a VERY strict inspection.

chnk
06-19-2012, 09:18 AM
It is a 2009 corolla XRS with 59000kms on the engine. I made this post in seeing if there are options that I could take and not reminded of the stupid decision that I made. I want to exhaust all possible options before I come to the conclusion that I just lost a bunch of money. The tech didn't even check why the car even died yet but the subframe and various other things underneath were damaged. He also stated that whoever approved of this inspection should be penalized and revoked of their license for passing off such a vehicle. From what he believes, he says I should file a report to Transportation of Alberta and a police report because I was sold a vehicle that could of essentially put my life in danger and should not of been sold to me without the seller disclosing that it is unsafe to drive.

FraserB
06-19-2012, 09:22 AM
Did they just say "subframe and various other things", or is there a list and how it is damaged?

gretz
06-19-2012, 09:28 AM
Originally posted by FraserB
Did they just say "subframe and various other things", or is there a list and how it is damaged?

+1 on second opinion

chnk - did you get under the car to see the physical damage they are talking about? I find it odd they tell you it is so unsafe, bent subframe, "various other things"

You would think things that "put your life in danger" would be outlined for you, instead of them telling you "various other things"... what things? What is putting your life at risk?

edit - ninja edit fraser?

chnk
06-19-2012, 09:39 AM
I am not someone who is very knowledgeable in cars but he listed a lot of things... bottom line is that he told me that this car is far from toyota standards to be safe for the road again and I could of been at risk... the thread is my next course of action and not what the damages or repairs required are... I am just looking for another opinion on getting this resolved.

Cos
06-19-2012, 09:40 AM
.

FraserB
06-19-2012, 09:50 AM
Originally posted by gretz


edit - ninja edit fraser?

Oops, I didn't realize I took the second opinion part out.

But seriously OP, you need to have a second opinion. That is the next step. It is possible that the car can still be safely driven. I hate to say it, but a mechanic can spot someone who is not car savvy and some will take advantage of that.

Case in point, my sister just paid a shop close to $500 to change the serp belt, plugs and wires on a Ford van.:banghead:

heavyD
06-19-2012, 09:58 AM
Not sure what a tech has to gain by pointing out frame damage as it's not a repair that they perform or profit from. Should take it for a 2nd opinion for sure but it sounds from what you describe the tech as saying that this car could have got its rebuild status illegally. That may be your only recourse as if you get two professonal opinions that the car isn't safe you may be able to sue the seller for misrepresentation.

Unknown303
06-19-2012, 09:59 AM
Originally posted by ercchry


sure... but who is to say it didnt receive that status 10 years ago...

Not sure why I didn't think about that. :rofl:

vtec4life
06-19-2012, 09:59 AM
I would take legal action. No one is aloud to sell a vehicle they know is unfit for driving WITHOUT telling the buyer. There is no such thing as "sold as is". That would mean waving your legal rights and that would constitute a void contract in Canada. THERE IS NO SUCH THING AS "SOLD AS IS". It is complete bullshit. We have a right to buy something that is in good working condition if thats what the seller told you and thats what you assumed when you were purchasing it. If the vehicle never should have been driven as per toyota you have evidence.

Imagine buying a hang glider from someone who told you it was in perfect condition, then you find out after you buy it that is has a cracked frame and is completely unfit for use. you have the legal right to get your money back.

"sold as is" does not exist. its a bull shit term that has no leg to stand on in court. Ask a lawyer.

ercchry
06-19-2012, 10:11 AM
private sale=sold as is... only thing the seller would have had to tell him is the active status of the car... which he was aware of :nut:

gretz
06-19-2012, 10:12 AM
Originally posted by vtec4life


Imagine buying a hang glider from someone who told you it was in perfect condition, then you find out after you buy it that is has a cracked frame and is completely unfit for use. you have the legal right to get your money back.


lol... who's to say YOU didn't damage the frame? Was it damaged before purchase? Why did you purchase it knowing it was damaged? Did you ask if it was damaged? If you don't have experience with hand gliders, why didn't you get it inspected pre-purchase?

Weapon_R
06-19-2012, 10:13 AM
Not sure where you get your information from, but any privately purchased used car is sold 'as is.' The only time you can claim for your money back is when you can prove that a seller materially misrepresented the vehicle. You will not be able to prove that the seller knew of any defects. Better yet, whose to say that you didn't hit a tree last night and trying to pass the blame on someone else.

The only recourse you may have against the shop is to notify the government and see if they will investigate on your behalf. That said, I still don't see a correlation between a bent frame and your engine problems anyway.

This is why we all have the ability to investigate a car fully PRIOR to purchase. Anyone can do a history check, inspection, or lien check before buying a car. Too many people are quick to do these types of checks after they buy, which is far too late.

chnk
06-19-2012, 10:13 AM
So the daughter called me back not the dad whom sold it to me and says that he had it unknowingly of the damages that were present underneath the vehicle and is not responsible. She also goes to tell me that his dad got it approved for inspection from some place off McKnight blvd and tells me to go after them instead of her father.

Anyways I filed a complaint to Transportation of Alberta and waiting for review from management to get back to me in what way to approach this.

spacerz
06-19-2012, 10:14 AM
The previous owner could simply claim they had no knowledge of any damage, making them exempt from any liablity. For all you guy's know, the previous owner could have bought it in that condition. Edit: Nevermind.

OP: How much did you buy the car for? It may very well be cheaper for you to cut your losses and call it a day.

ramminghard
06-19-2012, 10:14 AM
Originally posted by chnk
It is a 2009 corolla XRS with 59000kms on the engine. I made this post in seeing if there are options that I could take and not reminded of the stupid decision that I made. I want to exhaust all possible options before I come to the conclusion that I just lost a bunch of money. The tech didn't even check why the car even died yet but the subframe and various other things underneath were damaged. He also stated that whoever approved of this inspection should be penalized and revoked of their license for passing off such a vehicle. From what he believes, he says I should file a report to Transportation of Alberta and a police report because I was sold a vehicle that could of essentially put my life in danger and should not of been sold to me without the seller disclosing that it is unsafe to drive. I have been through a very similar situation before. There is nothing the police can do for starters. I had the shop that passed the vehicle inspected by the Alberta government however the end result was that basically as long as the tires are good, brakes are good and there are no codes being thrown they can pass any vehicle.

You can waste a bunch of time and money trying to pass the blame but at the end of the day its your fault and your paying to fix it.

FraserB
06-19-2012, 10:22 AM
Originally posted by vtec4life
I would take legal action. No one is aloud to sell a vehicle they know is unfit for driving WITHOUT telling the buyer. There is no such thing as "sold as is". That would mean waving your legal rights and that would constitute a void contract in Canada. THERE IS NO SUCH THING AS "SOLD AS IS". It is complete bullshit. We have a right to buy something that is in good working condition if thats what the seller told you and thats what you assumed when you were purchasing it. If the vehicle never should have been driven as per toyota you have evidence.

Imagine buying a hang glider from someone who told you it was in perfect condition, then you find out after you buy it that is has a cracked frame and is completely unfit for use. you have the legal right to get your money back.

"sold as is" does not exist. its a bull shit term that has no leg to stand on in court. Ask a lawyer.

You would have to prove that the seller knew that the specific problem existed and concealed it from you. All you LEGALLY need to disclose when selling is ownership and status (ie: if the car has a salvage title), you do not have to give a rundown of each and every issue with the car. You can have the most bagged out POS and toss it on Kijiji and tell people who want to buy “I have no clue, Im not a car guy. But it’s mine to sell and it doesn’t have a salvage title”.

The vast majority of people have little to no clue as to how their car works. For them there is a hole for the key, a hole for gas and two pedals that make the car stop and go. How many people do you think would be able to answer “Why does the car you’re selling have bad tire wear?”, they might be able to say “Its always done that”. Probably not, “Oh yeah, the balljoints on one side need replacing and it hasn’t been aligned since I tapped the curb in the winter”.

revelations
06-19-2012, 10:48 AM
Originally posted by chnk
I am not someone who is very knowledgeable in cars but he listed a lot of things... bottom line is that he told me that this car is far from toyota standards to be safe for the road again and I could of been at risk... the thread is my next course of action and not what the damages or repairs required are... I am just looking for another opinion on getting this resolved.

If it were my car, I'd find a good INDEPENDENT shop to inspect & repair said damages and call it a day.

Toyota techs will find every single thing wrong with the vehicle .... therefore bringing a car up to "Toyota" standards means replacing everything with OEM parts .... where sometimes a simple weld can do just fine.

revelations
06-19-2012, 10:59 AM
Originally posted by vtec4life
I would take legal action. No one is aloud to sell a vehicle they know is unfit for driving WITHOUT telling the buyer. There is no such thing as "sold as is". That would mean waving your legal rights and that would constitute a void contract in Canada. THERE IS NO SUCH THING AS "SOLD AS IS". It is complete bullshit. We have a right to buy something that is in good working condition if thats what the seller told you and thats what you assumed when you were purchasing it. If the vehicle never should have been driven as per toyota you have evidence.

Imagine buying a hang glider from someone who told you it was in perfect condition, then you find out after you buy it that is has a cracked frame and is completely unfit for use. you have the legal right to get your money back.

"sold as is" does not exist. its a bull shit term that has no leg to stand on in court. Ask a lawyer.

For PRIVATE SALES (as per thread) ... this is 100% false. This has been hammered in many threads by people who've actually talked to GOOD lawyers who know the subject.

For CAR LOT sales - it gets more complicated and the buyer may have some recourse in certain circumstances.

J.M.
06-19-2012, 11:00 AM
I recently went through the same thing. Car drove fine during test drive, etc. It wasn't until I decided to pull the trunk carpet to clean it up a bit that I noticed the vehicle had obviously been in an accident at some point and wasn't repaired properly. It was my fault that I didn't get the car inspected so I ended up selling it for much less than what I bought it for and taking the loss. Chalked it up as a hard lesson learned for not getting it thoroughly inspected.

Good luck OP.

Thaco
06-19-2012, 11:23 AM
dealer's probably taking you for a ride, not the seller.

chnk
06-19-2012, 11:26 AM
thanks for the advise of everyone... All I can do is file the complaint through Transportation of Alberta and let them investigate it but as for the seller.. I have no evidence of him having knowledge of these damages and going to take this as a harsh lesson and learn from it. All i can do is get it repaired and probably will be going to an independent shop to get it fixed opposed to toyota who would probably rape me on the repairs.. Any recommendations on a independent shop that has a great price and reviews

A790
06-19-2012, 12:40 PM
I bought an '02 Saab 9-5 from a beyonder that is basically junk. Buyer beware. It's not like I'm going to call him back and demand my money back...

gyu
06-20-2012, 03:55 PM
Saw something like this on W5:
http://www.ctv.ca/CTVNews/WFive/20120413/used-car-investigation-toronto-w5-auto-sales-apa-120414/

ExtraSlow
06-20-2012, 04:12 PM
Originally posted by A790
I bought an '02 Saab 9-5 and everyone knows saab's are all basically junk. Buyer beware. It's not like I'm going to call him back and demand my money back...
Fixed:thumbsup:

GTS4tw
06-20-2012, 04:49 PM
Originally posted by vtec4life
I would take legal action. No one is aloud to sell a vehicle they know is unfit for driving WITHOUT telling the buyer. There is no such thing as "sold as is". That would mean waving your legal rights and that would constitute a void contract in Canada. THERE IS NO SUCH THING AS "SOLD AS IS". It is complete bullshit. We have a right to buy something that is in good working condition if thats what the seller told you and thats what you assumed when you were purchasing it. If the vehicle never should have been driven as per toyota you have evidence.

Imagine buying a hang glider from someone who told you it was in perfect condition, then you find out after you buy it that is has a cracked frame and is completely unfit for use. you have the legal right to get your money back.

"sold as is" does not exist. its a bull shit term that has no leg to stand on in court. Ask a lawyer.

No, you are wrong. You should inspect used goods before purchasing them. It is up to you to do due diligence. No amount of capital letters in the world can change this fact.

JRSC00LUDE
06-20-2012, 05:03 PM
Originally posted by vtec4life
<snip> aloud.....<snip> general Marism's <snip>

Just in case others haven't pointed it out enough, do not listen to this guy as be is Mar'ing it to the best of his ability. There is a strong lack of "factual" in what he is saying! :rofl:

Ask a lawyer.

ddduke
06-20-2012, 05:23 PM
Originally posted by vtec4life
I would take legal action. No one is aloud to sell a vehicle they know is unfit for driving WITHOUT telling the buyer. There is no such thing as &quot;sold as is&quot;. That would mean waving your legal rights and that would constitute a void contract in Canada. THERE IS NO SUCH THING AS &quot;SOLD AS IS&quot;. It is complete bullshit. We have a right to buy something that is in good working condition if thats what the seller told you and thats what you assumed when you were purchasing it. If the vehicle never should have been driven as per toyota you have evidence.

Imagine buying a hang glider from someone who told you it was in perfect condition, then you find out after you buy it that is has a cracked frame and is completely unfit for use. you have the legal right to get your money back.

&quot;sold as is&quot; does not exist. its a bull shit term that has no leg to stand on in court. Ask a lawyer.

First off, how do you prove that the seller knew it was unfit for the road? The seller can easily claim ignorance and say that once it passed inspection he assumed it was fine. It's the OP's responsibility to have the vehicle inspected. Do you have a source that states that "sold as is, where is" means nothing and that you can still take legal action?

I was in this situation quite a while ago but my repair bill was closer to 10k, I called our business lawyer who basically said there's nothing that I can do about it and to try to contact the seller and hopefully they're a nice enough person to help with the repair bill.

jaylo
06-20-2012, 05:55 PM
Course Of Action is to learn from this lesson and slap yourself for buying a rebuilt status car and not asking photographs and paperwork on the repair performed.

Usually rebuilt means it met minimum requirements for the vehicle to be back on the road and was too expensive to bring the car back to its original condition.

nobb
06-20-2012, 06:01 PM
Where is this shop located because I have a beater truck that I would like to pass an insurance inspection :rofl:

Disoblige
06-20-2012, 06:04 PM
Note to all, do not sell anything to vtec4life for risk of potential problems in the future.

canadian_hustla
06-20-2012, 08:38 PM
bad situation, and I hope you can get everything resolved. Just curious from one corolla owner to another what you paid for it?

Jetta-2.0
06-20-2012, 09:00 PM
Shitty deal man, you should of taken some one with you that knew something about cars... and in this case SALVAGE cars, i have owned 2 repaired status cars and to tell you the truth I still own 1 of them and I have had 0 problems with them..

My dad once sold a car to a guy and told him its been in a crash and been fixed even showed him pics or the damage before and after the guy didnt care, about 20 days go by the guy calls back and tells us he wants to return the car because the car has "repair status on it" and that the engine went on it because of the crash.... but the car was hit from the back not the front :rofl: :rofl:

Also your DEALER might be humping you and hoping youll give in and come to your knees and get it fixed there.

Your lucky that the dealer even took it in, on my "repaired BMW" that was stolen wasnt even in a crash, I replaced every thing that was missing from it when I came to start it it woulnt start cuz of the new keys.

Came to take it to the dealer and they refused to even see the car, my dad asked them what kinda crap is this and they told him they wont touch the car cuz it has a SALVAGE/REPAIRED tittle on it... out side shop and $500 later and the car is back to life, have had it for almost 3 years now and im loving every thing about it, not even a check engine light from the day I got the car. "yes the check engine light does work :thumbsup: "

"maybe the dealer treated me this way cuz its BMW?" not sure

good luck

Akagi Redsuns
06-21-2012, 09:21 AM
Originally posted by canadian_hustla
bad situation, and I hope you can get everything resolved. Just curious from one corolla owner to another what you paid for it?

I wonder if it's the same rebuilt title 2009 Corolla XRS I saw on kijiji for $9K when most are going for ~14K. No matter the savings, if the car sustained enough damage to get written off, it's off my list of used cars to buy.

Good luck to the OP in getting the issue resolved.

chnk
06-21-2012, 09:37 AM
ok so this is what happened thus far... I contacted Transportation of Alberta sent them the pictures and is indeed that he was not allowed to sell me the vehicle because it was indeed unsafe for the road. He told me that the "sold as is" term doesn't matter when it involves a transaction such as this because I was sold a vehicle that I believed was road safe. They sent someone to investigate the car, pulled car proof, insurance reports. They say that there are discrepancies with what the inspection facility says and the current condition of the car meaning the damages could of been done after the fix. So I brought all this to the individual who sold me it and they have agreed to fix it if I don't pursue the civil pursuit which could take months or even a year. I don't want to deal with all the headache so if they are indeed going to pay the mech before work is done for the full service I am fine with that...

97luder
06-21-2012, 09:41 AM
make sure they dont bring it to a mechanic of there own! make sure you can take it somewhere you know thats not going to rip you off or do haf ass job and be in the same boat again

-relk-
06-21-2012, 09:50 AM
Originally posted by chnk
ok so this is what happened thus far... I contacted Transportation of Alberta sent them the pictures and is indeed that he was not allowed to sell me the vehicle because it was indeed unsafe for the road. He told me that the &quot;sold as is&quot; term doesn't matter when it involves a transaction such as this because I was sold a vehicle that I believed was road safe. They sent someone to investigate the car, pulled car proof, insurance reports. They say that there are discrepancies with what the inspection facility says and the current condition of the car meaning the damages could of been done after the fix. So I brought all this to the individual who sold me it and they have agreed to fix it if I don't pursue the civil pursuit which could take months or even a year. I don't want to deal with all the headache so if they are indeed going to pay the mech before work is done for the full service I am fine with that...

Not the result I was expecting to see, very nice!