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  #1  
Old 03-05-2007, 02:49 PM
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Join Date: Mar 2007
Posts: 4

Bought "Certified Used Vehicle" but the car has bad history


What is the name of your state? WA

Hi guys, I am looking for some help on whether or not I should secure a lawyer, I think my situation is kind of a "grey area".

I bought a Toyota Certified Used Vehicle about a year and a half ago. The TCUV Guarantee states that the car had a VHR (Vehicle History Report) run to ensure no previous frame damage, odometer fraud, etc. Here is a paste of that:

Q. What is a Vehicle History Report and how does it work?
A. Currently, Vehicle History Reports (VHR) are available to auto auctions, dealers and the general public, and are highly recommended for anyone in the market to purchase a used vehicle. At Toyota, we go a step further by requiring a VHR be run on each Toyota before it can become a Certified Used Vehicle. With a VHR we can tell if a vehicle has had major structural damage, been previously declared a total loss or has any odometer discrepancies. The VHR also helps to protect the integrity of the Toyota Certified process by disqualifying any vehicle that does not meet our high standards.

160 Point Inspection
At Toyota, only the best of the best are chosen to be Toyota Certified Used Vehicles. When we choose a vehicle for Toyota Certification, we have to do a little investigative work. Not only do we put each vehicle through an exhaustive 160 Point Quality Assurance Inspection, but we also run a CARFAX Vehicle History Report [4] to ensure it's worthy of the Toyota Certification process. Then, each vehicle is reconditioned to Toyota's exacting standards by factory-trained Toyota Technicians. We want the vehicles to look and feel as new as possible and we know you do too. We believe this helps maintain the value, as well as creates pride in ownership of Toyota Certified Used Vehicles.

And an elaboration:
FRAME, STRUCTURE & UNDERBODY

* Frame/Unibody check
* Inspect body surface
* Inspect panel alignment and fit
* Inspect lower body and underbody for damage
* Check exhaust systems and hangers

The history of the car is that it was damaged badly in a car accident (how I know this later on) And Carfax has record that it was on a frame machine in 2003, the car was being leased from Toyota (it is a 2002 model year)

Now that I want to sell it, I am having problems with the history. When I first put it up for sale, I received an email from a potential buyer who notified me that the car has a frame damage history per Carfax. Of course now the car is very difficult to sell (been going on 6 months) even when deeply discounted. No one wants a car with frame damage history despite it being "TCUV". Well, going back to when I bought the car, the Toyota dealer showed me page 1 of the Carfax report, showing it was "Buyback Certified" from Carfax. However, after printing my own Carfax report later on, I found that the Frame Damage mark shows up on page 3 when printed, and that Carfax does indeed guarantee that their info is correct, hence the "Buyback Certified" thing. Also, the Toyota dealer stated that the car is TCUV, and according to TCUV, the car is checked for frame damage and accident (major structural damage) history. Of course, the TCUV statement stops short of saying that they will exclude a car specifically for those 2 things, they just say they "check". Of course now I feel cheated, and I think they misrepresented the car to me, using the TCUV to get me to buy without being more careful.

So, what have I done? I have contacted the customer relations of both Toyota USA and the dealer. Toyota USA wants nothing to do with it, and the dealer thinks "so what if it was on a frame machine, maybe it wasn't bad". OK, fair enough, but the bondo on my frame rail/unibody cracked the other day, and the drivers side door is 1/4" thick bondo. The rear quarter panel was cut and replaced, and a very clear weld mark shows under the paint where the old and new were joined. I feel Toyota USA SHOULD do something because my car clearly gives TCUV a bad name, and my car does not qualify for TCUV, but Toyota USA won't stand behind their warranty.

What should I do? I feel I have some chance if I go to court, of course buying a used car doesn't have much protection under law, but I think if a major company makes a claim that puts a buyer off guard, I should have some recourse. ???
  #2  
Old 03-05-2007, 07:07 PM
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Join Date: Jan 2001
Posts: 12,330
Quote:
What should I do?
You are doing everything you should have done prior to purchasing the vehicle. Washington has pretty straight forward laws when it comes to used vehicles and in your case, lacking a specific warranty for the problem, you don't have much of a claim. Do go talk to an attorney familiar with consumer laws but don't expect much.
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  #3  
Old 03-05-2007, 08:36 PM
Junior Member
 
Join Date: Mar 2007
Posts: 4
Unfortunately I realize I may have got myself into one of those "expensive lesson" situations.

Of course, Toyota being on it's way to #1 overall won't notice the lack of my business.
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