Any advice
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If it drives fine and doesn’t have a branded title you should be able to resell near market with disclosures. Sadly the new engine cost is probably sunk
32cls6speedmt
SILVER Star
Unfortunately, used cars sales are final in the state of Nebraska. Not much for consumer protection.
Is the selling dealer a public traded company or privately held. Do they have multiple locations?
You can write certified letters to board of directors and executives etc.
How much was the engine.
Is the selling dealer a public traded company or privately held. Do they have multiple locations?
You can write certified letters to board of directors and executives etc.
How much was the engine.
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I think the first part here is good advice. If the frame damage has been straightened out and appears solid, you may as well enjoy the new engine.
If it’s a terrible repair job, trade it in for a new car or bring it into Carmax and walk away with cash in your pocket.
If doing this, I would not make any false claims. If they ask about accidents, just tell them “no accidents while I owned the vehicle.” and let them know the responsibility is on them for checking everything else.
The car would probably go to auction anyway. Someone will eventually buy it at a discount in light of the damage. Mistakes happen and losing a few thousand dollars is a big deal, but nothing to lose sleep over in the long run. Your health and safety is way more important.
I wouldn’t kick yourself too hard on the lack of a pre-purchase inspection. I’ve paid for them before and been frustrated with the things they didn’t find. Getting one to detect a frame bend - let alone actually crawl under the vehicle - is not to be expected. And I don’t know how anyone could detect a bent connecting rod. Even at a Toyota dealer I don’t think they would catch either.
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I’m really sorry that this happened. Terrible circumstances! Unfortunately, I don’t think it would be worth your time fighting this one through the courts.
1) i’ve seen it before many times when doing an appraisal and the CARFAX report is clean. Then, in some cases (even months later), then frame damage will show up on the CARFAX. It’s actually very possible that the dealer didn’t even know. One of the main reasons I always suggest buying CPO (when used), is the inspection is quite thorough. I think there is a high likelihood the dealer may not have done anything wrong.
2) if the dealer decided to fight this, their legal counsel is probably quite strong, especially if they are a publicly-traded company or a large dealer group. Not only that, but their council will be specialized in dealership related law.
From everything that I’ve read, as unfortunate as this is, I don’t think you have a case to fight.
3) if there is proof that the engine was repaired incorrectly, causing the rod to bend, there may be a warranty period on their work (12-months?). From the way I read it though, it seems that it may just be speculation/theory about the cause of damage. Although likely true, not a silver-bullet.
To be completely honest, I (my previous dealership) actually was sued about 12 years ago for a similar instance where Frame damage up here on the Carfax report after the time of purchase, we typically wouldn’t have fought something like this, but because the customer bounced their check, we knew that they were trying to get out of paying the balance due. In any event we ended up winning, because we had no knowledge before or after the Carfax was changed. We were very thankful that our technician filled out his inspection paperwork perfectly.
With that said, If this were to happen in today’s day-and-age, being a general manager of a large dealership having a lot more experience than back then, I would do whatever it took to trade the customer out of that vehicle and eat the loss on wholesaling it or sending to auction. Not going to court.
The best advice that I can give you is to verify whether the frame is really damaged or not. If it was not structurally damaged and reported as an error, then you could challenge the Carfax and possibly have it fixed. I could help you with this (call anytime).
The only real weapon you have (the way I see it) is social media. However, I would not use it without going through a face-to-face meeting with the GM of the dealership. He/she may be a stand-up guy/gal and work with you. I can tell by your posts, you are very kind and level-headed person and that will take you a very long way (vs the opposite, which will not).
Be willing to compromise, if you are, they probably will too.
Good luck.
1) i’ve seen it before many times when doing an appraisal and the CARFAX report is clean. Then, in some cases (even months later), then frame damage will show up on the CARFAX. It’s actually very possible that the dealer didn’t even know. One of the main reasons I always suggest buying CPO (when used), is the inspection is quite thorough. I think there is a high likelihood the dealer may not have done anything wrong.
2) if the dealer decided to fight this, their legal counsel is probably quite strong, especially if they are a publicly-traded company or a large dealer group. Not only that, but their council will be specialized in dealership related law.
From everything that I’ve read, as unfortunate as this is, I don’t think you have a case to fight.
3) if there is proof that the engine was repaired incorrectly, causing the rod to bend, there may be a warranty period on their work (12-months?). From the way I read it though, it seems that it may just be speculation/theory about the cause of damage. Although likely true, not a silver-bullet.
To be completely honest, I (my previous dealership) actually was sued about 12 years ago for a similar instance where Frame damage up here on the Carfax report after the time of purchase, we typically wouldn’t have fought something like this, but because the customer bounced their check, we knew that they were trying to get out of paying the balance due. In any event we ended up winning, because we had no knowledge before or after the Carfax was changed. We were very thankful that our technician filled out his inspection paperwork perfectly.
With that said, If this were to happen in today’s day-and-age, being a general manager of a large dealership having a lot more experience than back then, I would do whatever it took to trade the customer out of that vehicle and eat the loss on wholesaling it or sending to auction. Not going to court.
The best advice that I can give you is to verify whether the frame is really damaged or not. If it was not structurally damaged and reported as an error, then you could challenge the Carfax and possibly have it fixed. I could help you with this (call anytime).
The only real weapon you have (the way I see it) is social media. However, I would not use it without going through a face-to-face meeting with the GM of the dealership. He/she may be a stand-up guy/gal and work with you. I can tell by your posts, you are very kind and level-headed person and that will take you a very long way (vs the opposite, which will not).
Be willing to compromise, if you are, they probably will too.
Good luck.
@Eric Sarjeant , so when are you opening a store in Oregon? Would love to give you my business.
I don’t know that you can guarantee it, but you could definitely hedge your bets by following Eric’s advice above. Any time you buy a used vehicle you risk the unknown. This could have happened to any of us, you just happened to be the recipient of bad odds.
Regarding the $14k engine, did the dealer consider replacing it with a used engine out of from a yard? Those typically come with a warranty. Used should have been in the $3-4K range installed.
Lastly, how was the frame damage determined? Is there obvious repair indications? Any chance it was an over-zealous mechanic?
32cls6speedmt
SILVER Star
I am sorry. You are right this could have happened to anyone us.
Eric will give you great advice.
All the selling dealership can say is no but you don’t get anything in life without asking.
I so appreciate you sharing all the information with us. Life is a learning lesson.
Eric will give you great advice.
All the selling dealership can say is no but you don’t get anything in life without asking.
I so appreciate you sharing all the information with us. Life is a learning lesson.
Wow, I’m guessing they sourced a used LX 570 motor vs a more generic used 5.7. Still, that’s shockingly expensive.
Are those the only welds? While disappointing wouldn’t necessarily classify the repairs to those body mounts as major frame damage. In the custom vehicle build space, people weld all kinds of brackets and it’s not considered to be a negative thing. Heck, there are companies in Australia where you can buy a brand new Toyota from a dealer (with full warranty) where the frame has been cut and welded. Not saying you have a good situation nor that I would be happy with it, but this is much different then a frame that was bent. I’m guessing the collision tore or bent the mount and they welded a replacement on. Hence the reason it wasn’t totaled. Again, not ideal, but also not something that is going to make the truck unsafe. To fully allay your concerns I’d take it somewhere where the frame can be dimensionally validated.
Are those the only welds? While disappointing wouldn’t necessarily classify the repairs to those body mounts as major frame damage. In the custom vehicle build space, people weld all kinds of brackets and it’s not considered to be a negative thing. Heck, there are companies in Australia where you can buy a brand new Toyota from a dealer (with full warranty) where the frame has been cut and welded. Not saying you have a good situation nor that I would be happy with it, but this is much different then a frame that was bent. I’m guessing the collision tore or bent the mount and they welded a replacement on. Hence the reason it wasn’t totaled. Again, not ideal, but also not something that is going to make the truck unsafe. To fully allay your concerns I’d take it somewhere where the frame can be dimensionally validated.
Glad it was helpful.
As far as where to go with it now... I think you decision lies more with the ancillary repairs than the frame and motor. That you’ve had to mess with VSC isn’t common. I’d want to understand if that repair was crash related or just some other random failure. If crash related I think it’s time to take a hard look at what other systems may be compromised. I.e. if water got where it shouldn’t then is there maybe corrosion on an electrical harness that would indicate high potential for later failures? It’s a puzzle to be sure. Your Lexus store is going to be very hesitant to read the tea leaves on this.
If you decide to cut your losses and move on then I wouldn’t lose sleep by disclosing what you know to someone like a CarMax. It’s not your responsibility to make the truck perfect nor to warranty it for the next guy.
As others have stated, truly appreciate your transparency. It has firmed up my risk analysis for future purchases. CPO is great advice.
As far as where to go with it now... I think you decision lies more with the ancillary repairs than the frame and motor. That you’ve had to mess with VSC isn’t common. I’d want to understand if that repair was crash related or just some other random failure. If crash related I think it’s time to take a hard look at what other systems may be compromised. I.e. if water got where it shouldn’t then is there maybe corrosion on an electrical harness that would indicate high potential for later failures? It’s a puzzle to be sure. Your Lexus store is going to be very hesitant to read the tea leaves on this.
If you decide to cut your losses and move on then I wouldn’t lose sleep by disclosing what you know to someone like a CarMax. It’s not your responsibility to make the truck perfect nor to warranty it for the next guy.
As others have stated, truly appreciate your transparency. It has firmed up my risk analysis for future purchases. CPO is great advice.
I hate to say it, but I'd have serious reservations about a shop that would leave the hood off, outdoors, with an engine in a state that water can get in. If the intake tract were complete it could sit out for years with no hood and not have problems. As a result, the rest of their work is suspect, in my opinion.