Dealership deceptively sold Fleet car as new

[gaggz]

Hi
I purchased a Camry XLE 2010 model as "new" on 23 March 2010 from a dealership in PA. By the time the car was given to me, it was quite late in the night.

Next morning, I saw that the free 3 month Satellite radio subscription could not be activated, as it was used. I was confused, I reported the same to the salesman and the dealership and they said they had no clue about it. I was transferred to the Parts and Service area and after explaining and expressing myself, Toyota offered me free 3 months of Sat radio. This has been clearly mentioned in service / car records and I have a proof of it. however, I did not avail the fre3 months as Sirius XM gave me 3 months free. I immediately notified Dealership about this.

I was always confused why a new car was sold to me having 114 miles as odometer reading. Carfax never showed anything suspicious.

Today, I called a Toyota dealership for extended warranty. It was 2 years 11 months since I brought my car and the 3 year warranty would soon be over. Surprisingly, I was told that this car was retailed in Jan 2010 (not 23 March 2010 when I bought it). Since warranty extension could be done in 3 years of sale, I was ineligible as I was out of the 3 year period. However, the dealer then put my case as "exception" for the 6 year/75,00 mile extended warranty but told me the warranty would expire in Jan 2016 instead of March 2016 as I was calculating. I was further told that this car was initially retailed in Jan 2010. The extended warranty papers (till Jan 2016) will be here with me soon.

I am assuming that this car was either sold to someone who returned it immediately, or was used as fleet vehicle. Toyota Corporate records show it was retailed a couple of months before I purchased it. I was sold a retailed vehicle as "new" which is deception. Also, if this was fleet, I should have clearly been told so, as I am eligible for more discounts that were ideally to be given. I think the paperwork does not show my car as previously retailed, I will read the papers carefully. The title is with Toyota Financial as this car is on 0% APR loan but I do have rest of papers.

My question is: Are there any damages/ settlement I can claim/do with dealership for this fraud/deception? Note that I bought this car from PA state when I was there, but I am now in CA. Can I file a lawsuit from current location? Thank you very much for reading!

What is the name of your state (only U.S. law)? Car was sold in PA when I was in PA, but now I am in CA

 

[sandyclaus]

Hi
I purchased a Camry XLE 2010 model as "new" on 23 March 2010 from a dealership in PA. By the time the car was given to me, it was quite late in the night.

Next morning, I saw that the free 3 month Satellite radio subscription could not be activated, as it was used. I was confused, I reported the same to the salesman and the dealership and they said they had no clue about it. I was transferred to the Parts and Service area and after explaining and expressing myself, Toyota offered me free 3 months of Sat radio. This has been clearly mentioned in service / car records and I have a proof of it. however, I did not avail the fre3 months as Sirius XM gave me 3 months free. I immediately notified Dealership about this.

I was always confused why a new car was sold to me having 114 miles as odometer reading. Carfax never showed anything suspicious.

Today, I called a Toyota dealership for extended warranty. It was 2 years 11 months since I brought my car and the 3 year warranty would soon be over. Surprisingly, I was told that this car was retailed in Jan 2010 (not 23 March 2010 when I bought it). Since warranty extension could be done in 3 years of sale, I was ineligible as I was out of the 3 year period. However, the dealer then put my case as "exception" for the 6 year/75,00 mile extended warranty but told me the warranty would expire in Jan 2016 instead of March 2016 as I was calculating. I was further told that this car was initially retailed in Jan 2010. The extended warranty papers (till Jan 2016) will be here with me soon.

I am assuming that this car was either sold to someone who returned it immediately, or was used as fleet vehicle. Toyota Corporate records show it was retailed a couple of months before I purchased it. I was sold a retailed vehicle as "new" which is deception. Also, if this was fleet, I should have clearly been told so, as I am eligible for more discounts that were ideally to be given. I think the paperwork does not show my car as previously retailed, I will read the papers carefully. The title is with Toyota Financial as this car is on 0% APR loan but I do have rest of papers.

My question is: Are there any damages/ settlement I can claim/do with dealership for this fraud/deception? Note that I bought this car from PA state when I was there, but I am now in CA. Can I file a lawsuit from current location? Thank you very much for reading!

What is the name of your state (only U.S. law)? Car was sold in PA when I was in PA, but now I am in CA

I see no evidence of fraud or deception.

It may have been that that particular vehicle was test driven several times in the area, or it may have been transferred from one dealership to another within the area in which the dealer rep drove the vehicle to get to the destination dealership. 117 miles definitely is within the limits of a new vehicle odometer.

As for the 3+ month difference between the purchase date and the "retailed" date, it could simply mean that the vehicle sat on the lot for several months. Again, no evidence of fraud or deception.

Ultimately, the fact that the vehicle is now over 3 years old pretty much takes away any possibility of seeking any kind of damages.

 

[swalsh411]

I have a hard time believing that the begin date of a factory warranty on a new car could be any earlier than when the customer took delivery of the vehicle. That's like saying if you buy a 2012 car in early 2013 (which does happen sometimes) then you've already lost a year of your warranty.

 

[ecmst12]

It does make sense, the warrenty period starts when the original owner buys it - if you buy a used car, the original factory warrenty can transfer to the new owner but it doesn't reset from the beginning.

But the warrenty does NOT start when the vehicle arrives on the lot.

If OP is not the original owner and it was represented that he was and that the warrenty period started when HE bought the car, that's a problem. Not a lemon law problem, but perhaps a small claims court problem, for the dealership to cover those extra 2 months of warrenty period.

 

[Zigner]

It does make sense, the warrenty period starts when the original owner buys it - if you buy a used car, the original factory warrenty can transfer to the new owner but it doesn't reset from the beginning.

But the warrenty does NOT start when the vehicle arrives on the lot.

If OP is not the original owner and it was represented that he was and that the warrenty period started when HE bought the car, that's a problem. Not a lemon law problem, but perhaps a small claims court problem, for the dealership to cover those extra 2 months of warrenty period.

It should start at the point that the original owner takes retail delivery of the vehicle. I suspect that this vehicle was sold and then exchanged in a very short period of time with the same dealer. Or, perhaps, the paperwork was already done, but before taking delivery the original owner (not our OP) changed his/her mind and worked something out with the dealer.

Now, the problem is that the OP has no damages if he is not denied service under the warranty prior to the point that it SHOULD have expired. Until warranty services are improperly denied, there is no breach.


ETA: Another possibility - maybe the car was ordered custom from the factory but the original owner changed their mind (upgraded maybe?) when the car got to the lot.

 

[OHRoadwarrior]

It can happen. The time for complaint is past. I bought a new truck and utilized an employee purchase program, however, I beat them up so bad, due to a written price guarantee I was given, they never ran it through the employee discount program and sold it as a public sale. eating any allowance difference.

 

[Zigner]

It can happen. The time for complaint is past. I bought a new truck and utilized an employee purchase program, however, I beat them up so bad, due to a written price guarantee I was given, they never ran it through the employee discount program and sold it as a public sale. eating any allowance difference.

If the OP is still within what the warranty SHOULD be and is denied warranty service, the time for complaint has not passed.

 

[OHRoadwarrior]

If the OP is still within what the warranty SHOULD be and is denied warranty service, the time for complaint has not passed.

The only thing OP has indicated is they "thought" they were buying a new car. They have not indicated they have any proof they were lied to or guaranteed a new vehicle.

 

[gaggz]

Thanks everyone - more details

Thanks Everyone sorry for delay in acknowledging, was collecting more details

Here is the inference from Carfax report

• Date: 01/04/2010 Source NICB - Details: Vehicle manufactured and shipped to originaldealer
• Date: 01/14/2010 Source: MileOne Automotive (in MD state); ODO reading 3 - Vehicle offered for sale
• Date: 01/15/2010 Source: MileOne Automotive (in MD state); Description - Pre-delivery inspection completed, State safety inspection completed, Washed/detailed
• Date: 01/21/2010 Source: Ardmore Toyota, Ardmore, PA Description: Vehicle offered for sale
• Date: 02/03/2010 Source: Ardmore Toyota, Ardmore, PA; ODO reading 5; Description: floor mats installed
• Date: 03/23/2010 Source: Ardmore Toyota, Ardmore, PA; ODO reading 114; Description: Vehicle sold

Questions
1. The car was retailed in Jan (by Mileone) and was probably purchased by Toyota of Ardmore. Can we say it was resold by them?
2. The car had mileage = 3 at Ardmore Toyota. When it was sold to me it had 114. What happened to car during those 2 months? Could it have been used by Toyota for official work/test drives and sold to me?
Note: Someone had activated satellite radio in Jan, such that when I purchased it in March 2010 and used it for a few days, trial period was over!
Note: Toyota corporate registry has car listed as sold in Jan 2010, that is why I am being given additional 3 year warranty extension till Jan 2016 and not March 2016. This is wrong
3. I just came to know about these facts right now - is it too late to get justice?

 

[OHRoadwarrior]

Based on the CarFax, it appears that someone installed and activated the Satellite radio disk at Mileone. It may have been in preparation for demo's and Ardmore was not aware of it.

 

[Zigner]

The point we are making is that you have no damages at this point. What kind of "justice" are you looking for?

 

[gaggz]

reply

The point we are making is that you have no damages at this point. What kind of "justice" are you looking for?

Hi Zigner
My point is that if my car was used by dealership for their work/test drives, then it should be sold to me at further reduced cost. They used my car for their gain. Also, I need balance 2 months of my warranty. The dealership did not clearly told me the 2 month history that the car had..... Thx

 

[Zigner]

Hi Zigner
My point is that if my car was used by dealership for their work/test drives, then it should be sold to me at further reduced cost. They used my car for their gain. Also, I need balance 2 months of my warranty. The dealership did not clearly told me the 2 month history that the car had..... Thx

You are far too late for trying to negotiate a lower price.
As I have said REPEATEDLY, until you are denied services under the warranty, you have no damages.

 

[CSO286]

Thanks Everyone sorry for delay in acknowledging, was collecting more details

Here is the inference from Carfax report

• Date: 01/04/2010 Source NICB - Details: Vehicle manufactured and shipped to originaldealer
• Date: 01/14/2010 Source: MileOne Automotive (in MD state); ODO reading 3 - Vehicle offered for sale
• Date: 01/15/2010 Source: MileOne Automotive (in MD state); Description - Pre-delivery inspection completed, State safety inspection completed, Washed/detailed
• Date: 01/21/2010 Source: Ardmore Toyota, Ardmore, PA Description: Vehicle offered for sale
• Date: 02/03/2010 Source: Ardmore Toyota, Ardmore, PA; ODO reading 5; Description: floor mats installed
• Date: 03/23/2010 Source: Ardmore Toyota, Ardmore, PA; ODO reading 114; Description: Vehicle sold

Questions
1. The car was retailed in Jan (by Mileone) and was probably purchased by Toyota of Ardmore. Can we say it was resold by them?
2. The car had mileage = 3 at Ardmore Toyota. When it was sold to me it had 114. What happened to car during those 2 months? Could it have been used by Toyota for official work/test drives and sold to me?
Note: Someone had activated satellite radio in Jan, such that when I purchased it in March 2010 and used it for a few days, trial period was over!
Note: Toyota corporate registry has car listed as sold in Jan 2010, that is why I am being given additional 3 year warranty extension till Jan 2016 and not March 2016. This is wrong
3. I just came to know about these facts right now - is it too late to get justice?

I'm guesing the mileage differnece is people test driving the car. If 10 people test drive it for ten miles or so, there's 114 miles easy. And, when I test drive a car, I usually put a few miles on it, city and semi-rural, to see how it handles.

 

[CSO286]

Hi Zigner
My point is that if my car was used by dealership for their work/test drives, then it should be sold to me at further reduced cost. They used my car for their gain. Also, I need balance 2 months of my warranty. The dealership did not clearly told me the 2 month history that the car had..... Thx

Almost all new cars--unless its a custom order ot direct from factory, have been test driven. And still sold as new.