buy back

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KGB007 said:
Update: Went to the Toyota stealership yesterday and had a guy snap some pictures and put it up on the rack briefly to take pics of the under body area. 15 minutes later they said that's it, they're done. Someone will get back to me with the offer. My plan from here is to....

A. Have Toyota agree to pay for the repair in conjunction with my mechanic, who will source the parts aftermarket or not based on the NHTSA writing. (Currently their mantra is, "the only option is Buy Back," but I'm not done with them yet!!!
B. Take them to small claims to have them foot the bill for the fix.

What do you guy's think? I went through all the stuff like calling them, taking it in, rejecting the offer, etc. My mechanic is working on a quote and part sourcing for an estimate.
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I don't know what you will claim in "court".... The buyback is to reduce their liability exposure...I'm sure they will not execute or agree to any other option. If they offer to buy back and you refuse and their price is reasonable...then pretty much game over.
 
I agree with Elbert. The recall is for safety which they have clearly stated. They are offering a buy back at a hopefully reasonable price as a solution. And at this point you can except, clearing their liability (by taking the cruiser off the road) or refuse, therefor acknowledging the safety issue and most likely waiving their involvement with your specific cruiser if you choose to keep the car. One question though what happens when you cruiser is on the list of recalls and you don't check with a dealer and the tank causes some kind of accident. Since their was no knowledge of the recall by the owner who pays those legal fees. So maybe there is a chance at winning in small claims if played right. Not sure if it's all that worth it at that point. Either way I am more curious as to what they value the vehicle at.
 
So if I buy a 60 for $3000 that hasn't had the gas take recall done... Hummmm... ;-)
 
andhop72 said:
I agree with Elbert. The recall is for safety which they have clearly stated. They are offering a buy back at a hopefully reasonable price as a solution. And at this point you can except, clearing their liability (by taking the cruiser off the road) or refuse, therefor acknowledging the safety issue and most likely waiving their involvement with your specific cruiser if you choose to keep the car. One question though what happens when you cruiser is on the list of recalls and you don't check with a dealer and the tank causes some kind of accident. Since their was no knowledge of the recall by the owner who pays those legal fees. So maybe there is a chance at winning in small claims if played right. Not sure if it's all that worth it at that point. Either way I am more curious as to what they value the vehicle at.
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I believe its the generally held legal view that the mfg has a duty to publicize product recalls and safety notices, and then follow through with either mandated free repairs/replacements or repairs/replacements that the mfg executes on their own initiative. You might claim some product liability issue or compensation for injury but you can't do that if you know and don't take action to get your truck fixed or you refuse to sell your truck back that contains the defective product/item. As with those lemon law vehicles......when the mfg buys those things back....they get the vehicle and most times those things get crushed....liablity issue solved at that point.

Sell the truck back at a fair price if they want to pay for it...otherwise move on to a new day. Or sell the truck and go buy another one or something else with the $$, would be my choices.
 
I'll let you guy's know what they offer for it. In the end, I love the truck and would never sell it unless I'm offered some ridiculous amount, unlikely. I found a tank for $450, a bit steep but suitable. It's true, at some point it is not worth doing this but in small claims its cheap, easy and quick. I may still go through and just claim the repair bill. I'd say I have a 50/50 with that route after I pay to fix it. I generally do my own work but in this case I'm going to pay for someone licensed to do it. I paid $3500 for my FJ back a while ago plus I put in about 5K in getting everything pretty much perfect so we'll see. I'll keep you posted.
 
I would think they would rather pay you a few hundred $$ for a replacement tank than several thousand to buy it back. Tell them you want them to pay for the replacement and that you will sign any document they give you absolving them from any future liability. I would think they would agree to that, wouldn't they?
 
studawg said:
I would think they would rather pay you a few hundred $$ for a replacement tank than several thousand to buy it back. Tell them you want them to pay for the replacement and that you will sign any document they give you absolving them from any future liability. I would think they would agree to that, wouldn't they?
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Not a chance that they would agree to that. Remember this is billion dollar company who employees many corporate lawyers who's job it is to mitigate claims. It is not worth saving money to them if they could be potentially liable for a faulty product. And no way would they EVER trust the work of a private shop, much less pay for their work.
 
doug720 said:
I decided to call NHTSA today to see what they had to say about a situation like this - No recall replacement parts available - and it was an interesting call.

1) A recall like this one - Safety recall of fuel tank, never expires.

2) A manufacturer must make the parts available for at least 10 years after the recall is announced, but is still required to satisfy the recall until all vehicles listed in the recall have been repaired, bought back, or are off the road.

3) Even if no replacement parts are available, the manufacture has a legal obligation to make the repair or offer solutions to satisfy the recall requirements. These may include:

A) Buy back vehicle - Owner has no obligation to accept this.

B) Manufacturer can buy/pay for and have installed an aftermarket part that satisfies the recall requirement

C) Used parts, that meet the recall standard, may be used if available, and would be paid for by the manufacturer - Owner has no obligation to accept this

"B" sounds good to me and I would pursue that option, with "C" a distant second.

The person I spoke to at NHTSA said to call Toyota and tell them you want the recall satisfied and want to keep your vehicle. It is up to Toyota how to satisfy the recall with those stipulations.

You can call the NHTSA recall hotline at 1-888327-2361
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Zack1978 said:
Not a chance that they would agree to that. Remember this is billion dollar company who employees many corporate lawyers who's job it is to mitigate claims. It is not worth saving money to them if they could be potentially liable for a faulty product. And no way would they EVER trust the work of a private shop, much less pay for their work.
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According to the NHTSA, they may have to by law. If they did such, Im sure they would require one to sign some sort of waiver.
 
I had my 60 tank done a year ago last June. Just have to supply the part numbers (from this site) because the "kit" is no longer available. It took them about four days to locate a tank, then they called when all the parts were in. First time I filled it up gas poured out of it, they had left two vent lines off the tank. Quick fix. All good since then.
 
I don't see the OEM doing any type of partial deal where the truck stays on the road. Either sell outright or move on...that's what will most likely be the end result. You might want to run strategy by a lawyer friend if you have access to one....installing a "used tank" on top of that. I'm sure the corporate legal folks have one goal....mitigate liability...which translates into getting the truck off the road and potentially crushed.
 
Interested to see what their buy out offer is. I just had a 1989 FJ62 totaled by insurance. The tipping factor on totaling it wasn't the $6,500 in damage, it was that the seatbelts required replacement after the wreck, and seat belts are no longer available. For a refernce point, 233k miles, good shape, bad paint, OME and 2k worth of tires and rims in last 6 months. Buyback about twice what repair cost was.
 
Walking Eagle said:
.....$6,500 in damage.....Buyback about twice what repair cost was.
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So am I right in understanding that your truck, as described above, was totaled and they gave you $12k for it?... or that they gave you $6500 (?) and wanted $12k for you get it back...?

I'm confused...
 
woytovich said:
So am I right in understanding that your truck, as described above, was totaled and they gave you $12k for it?... or that they gave you $6500 (?) and wanted $12k for you get it back...?

I'm confused...
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Sorry - what they paid me for total loss, was twice the amount of the damage. That's why they were so pissed. On a vehicle that old they want repairs to equal 100% of the value of the truck. I said buyback on accident because that is what it would be if Toyota bought it from you because of the tank.

I'm just saying NADA on 1989 FJ62 is 5 low 10 average and 20k high. Both at fault insurance and my insurance wanted to throw NADA out as not relivent - then they looked at auto trader. Depending on the day you look the average price can be $11-17,000. So it's a mater of chance as to what is for sale the day they look. When totaling a truck all those over priced or over restored $25,000 trucks on autotrader that make everyone with a rusted hulk of a cruiser think they have a gold mine, they are actually helping you. So, just saying, you should be able to come out financially ahead if that is what you want.
 
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