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A blatent lie,admission and documentation...do I have a case?

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Peppers

Junior Member
What is the name of your state? Missouri

I have recently purchased a '99 Toyota convertable from a gal in OHIO.
Before making this purchase, I had requested a "bumper to bumper" Inspection from the dealership. Both the dealership and the seller assured me the car was in tip top pristine condition inside and out,(as did carfax) with the only flaw being the sightly bent antenna.

When I brought the car home, and it rained for the first time, I discovered 1/4 inch gap between the rubber seal on both passenger side windows causing water to leak... I lifted the floor matt on the passanger side to find a second floor matt? ...to find there was no carpeting...completely bald.
I E-mailed the seller, and she admitted she knew about the carpeting, but not the leak.
Do I have a small claims case worth persuing?
 


You Are Guilty

Senior Member
Not really. You plan on going to Ohio to file a case for a missing piece of carpeting? A case where you still have a decent shot at losing?

Why not ask the seller if she's willing to cough up the $80 for a new carpet?


PS: Every convertable leaks.
 

Peppers

Junior Member
First of all I've had Toyota convertables my whole life and never once did any leak.(unless I took them to a high pressure car wash) Second, It's not the carpet, it's the flood I will have every time it rains. I don't have a garage.
I want her to give me the diminished value of my car about $1,500. I paid her a premium price because she was offering a premium vehicle.
 

You Are Guilty

Senior Member
Seller denied knowing about the leak so there goes your fraud case.

Unless the dealer and/or seller gave you some sort of warranty (preferably written) that the roof didn't leak, you're going to have a near-imposible battle if you decide to sue.

(Incidentally, even if you won, you'd only get the value of the repairs to stop the leak - not the "diminished value" you're looking for. Have you taken it to a shop to get an estimate? Sometimes, all that's necessary is to adjust the mechamism. I assume you got the Solara?)
 

Peppers

Junior Member
I have a hard time believing the seller was clueless to the leak. She admitted knowing about the carpeting...and I quote:

"I knew about the carpeting, If I was aware of any leaks or damages with the car I would have had them repaired immediately" She knew about the carpet and a couple of other minor things and did not have them repaired. I think she's full of $#!T.
I believe anyone who saw the damage would have suspected water. The brand new GINORMOUS rubber floor matts that she had chosen to cover the entire floor board, look like they might have been manufactured for a monster truck.

I wish I could take my car in for an estimate.Unfortunately, they are all on strike in Missouri. If it happens to be an inexpensive repair, then I would ask her to pay for half, other wise... small claims.

I found this under ohio laws, does anyone know anything about it?

Private Party Sellers
The Used Vehicle Warranty Law also covers used cars
purchased from private party sellers, but the
protections for consumers in these cases are much more
limited. This Law requires the sellers to tell buyers
about all known defects before the buyer purchases the
vehicle.

Another law that applies in this case is MGL Chapter
93A, the law which covers most consumer protections.
A seller who intentionally fails to disclose known
defects can be said to engage in unfair and deceptive
business practices, and the buyer may be entitled to
double or treble (triple) damages if the customer can
show that the seller knew about the defect beforehand.

When Toyota does and inspection, do they back it? I called 2 dealerships and couldn't get a straight answer. The car came with a 4 year extended warranty, unfortunately windows aren't covered.
 
Last edited:
The citations you provided are applicable in Massachusetts, not Missouri. Did you ask Toyota for something in writing re the inspection?

.
 

Peppers

Junior Member
"The citations you provided are applicable in Massachusetts, not Missouri"

Actually, If I read it correctly, this is applicable in all U.S. states. If not, It would need to be applicable in Ohio where the purchase took place.

As for Toyota, I called 2 dealerships and they have nothing to give me in writing. They told me that unless the customer specifically requests this type of inspection, they don't do it.

This woman has already admitted knowing about this, I have it in an E-Mail she sent me after I confronted her.

Do courts accept E-mail as evidence?
 

stephenk

Senior Member
" Both the dealership and the seller assured me the car was in tip top pristine condition inside and out"

How did the dealership assure you?
 

Peppers

Junior Member
stephenk said:
" Both the dealership and the seller assured me the car was in tip top pristine condition inside and out"

How did the dealership assure you?
A 27 point inspection returned flawless.
 

Peppers

Junior Member
john123456 said:
Actually, If I read it correctly, this is applicable in all U.S. states

You're not reading it correctly.
The article quotes Mass. after the general statement. I must have misunderstood.
 
Last edited:

Peppers

Junior Member
BelizeBreeze said:
Take pictures of the car, place an ad in AutoTrader and sell it because you HAVE NO CASE!!!!!!!!!!!!!!!!!!!!!!
Geeez, Pipe down, I'm only trying to get some info!

I thought this is what small claims do for you?

I have an E-mail sent from her stating she knew about the damages (which can be caused ONLY from rotting...Which is caused by water leaking)
 

You Are Guilty

Senior Member
BelizeBreeze said:
Take pictures of the car, place an ad in AutoTrader and sell it because you HAVE NO CASE!!!!!!!!!!!!!!!!!!!!!!

I already said that, but she doesn't like hearing correct advice, she just wants to hear that she's got a fantastic case and will make millions if she sues.
 

Peppers

Junior Member
You Are Guilty said:
I already said that, but she doesn't like hearing correct advice, she just wants to hear that she's got a fantastic case and will make millions if she sues.
Nope, Just the repairs.

I might add, you people sound very angry.

Is this an advice forum? or a flame forum?
 

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