SW17LS

But he took delivery of the car with 150 miles on it. If he was concerned about the 150 miles he never should have taken delivery of it. He noted it, asked a question, was satisfied with he answer and accepted the car. The point of it having 19 miles and then having 150 miles is a moot point now, whats to stop the dealer from saying "it had 19 miles on it when he took delivery, look at the sales receipt", I assume he didn't ask the question about the 150 miles in writing.

The only grounds he has is what is the reason for the Carfax reflecting a previous sale.

To the OP, have you checked the LexusDrivers site?

babyzilla

You all are raising great and valid points - more for Clara to think about and assist in making the right decision.

The only thing I will note is you guys keep referring to the OP as "he," but I'm not sure if Clara is a "he" lol

SW17LS

Thats the car guy Internet bias we all assume all of us are "he's" lol.

I never read the "Clara", I apologize to you Clara

Radio88

Yeah I corrected mine seconds before you posted.
My main point in my OP was to say they didn't indicate in any way shape or form that the RX was coming from a significant distance-something that should definitely be disclosed after signing to 19 miles, don't ya think? Were they being fair?

SW17LS

But they did disclose it, after she asked they told her why the mileage was different, she accepted their explanation and took delivery of the car.

There are reasons why the purchase order could say 32 miles. The paperwork is generated by finance people who never see the car, they just go off of whatever paperwork they are handed...and car dealers often aren't the most precise of enterprises.

Our 98 LS400 was delivered in exactly the same way, it had 150 miles on it and it was disclosed to us that it was a dealer transfer and was driven from the dealer it was at to the dealer where they bought it. That car gave us 170,000 miles of faithful service, it was never once an issue. My LS460 was a dealer exchange and had about 75 miles on it, was disclosed to me also.

babyzilla

You could absolutely be right. However, we can't argue the way some people feel about this kind of stuff. She asked and they answered, but who knows if they were telling the truth? The bottom line is she went a little further to uncover some information which didn't add up. It's her right to know the truth especially after dropping that kind of money.

Who knows maybe your 98 LS had the same history, but you didn't bother with it ;P (that was a joke, please dont bash me lol)

swajames

The car was "sold" on the last day of Feb, the last day of a sales period.

It was offered for "sale" three days later.

As I said above, it's more likely than not that this car was punched.

SW17LS

I agree 100%, which is why I said she should definitely take the Carfax in there and try and figure out what happened. My point just was she knew about the mileage before she took delivery, which takes the fact that it has 150 miles on it off the table. The only thing left on the table is why the Carfax shows two sales.

And thats entirely possible! We didn't have access to all this information back then. My point was that even if that were true it never impacted our ownership of the car.

babyzilla

Great job, forum members. I think we've narrowed down what she has to do lol

Which is walking into the dealership and calmly ask why there is a discrepancy between what she was told about the mileage and what is reported on the carfax. If things still don't add up then she is more than welcome to go ape *****

SW17LS

Going ape **** isn't going to get her anywhere in any event. Its important to understand the realities here, the car is by every legal definition a new car, whether it was delivered once previously and returned or not. If its never been titled with a state, then its a new car. She has nothing in writing as to the mileage discrepancy, according to the paper trail the car was delivered with 32 miles on it...and she signed that...

I would want to know the truth, and I would want to see in writing what my vehicle's inservice date is and what mileage that is at to make sure that I get the full warranty, but outside of that I don't see that she has any grounds to get a replacement car or anything like that.

In any event, if you stay calm, professional, etc your chances of getting anybody to do something above what they HAVE to do are far greater than if you yell and scream.

coolsaber

Great Advice thus far.
I really cannot comment on the carfax issue, since the I dont know how CarFax works. But FWIW
Usually CarFax will note Mfg date, then pre-inspection date, and then once the car is titled, another event log will be gathered. Now thats the ideal, the OPs carfax maybe different.

One thing you can do, is check the door jamb to see production date. If your production date is later then the carfax title date, then you can be certain CarFax is wrong.

Another thing to figure out, if the car was "punched" check the inservice date at Lexus. Usually the minute the car is sold, the warranty gets the inservice tag. Kinda hard to switch around those dates.

Contractually the discrepancy in mileage is a red flag, but since taken delivery, I`d be looking for misrepresentation of vehicle outside of the mileage discrepancy. Taking delivery says your ok with it. However if the reason behind mileage accumulation got there is what you can pursue. That can be grounds to also secondarily inputting misrepresentation of product condition.

I could see them "punching" the car for sale quota, initial sale loan issues, or driven down from somewhere. Quota is unlikely on such a high demand vehicle. Loan issue or driven down somewhere seem to be most plausible.

bagwell

If you're concerned it had 150 miles on it already....why did you drive it home in the first place??? no test drive, no inspection before driving it home?


I had a similar thing happen to me but I questioned them on the spot why it had 1XX on it already - to which they replied it came from another dealer and the warranty starts today and mileage warranty will have the 1xx added to it.....I had them throw in free floor mats + oil chgs, THEN I drove it home.

RX469

iTrader: (1)

I'm anxious to hear the dealer's response to this...

gengar

Whether the buyer initially decided to take delivery is immaterial because the bill of sale had a significantly lower mileage that was representative of a new car - there is a reason 'bait and switch'-style tactics are so reviled under consumer protection theory. And this is not just some product that is easily replaceable - cars are not only big-ticket items, but depending on the buyers' circumstances, the buyer can also incur damages/hardships with delays on delivery. A dealer putting 120+ miles on a car is unreasonable under any circumstance, and now with the additional information that OP has uncovered, it's certainly something that needs to be revisited.

SW17LS

I don't disagree with you at all, I'm just saying now how is she going to prove the car had 150 miles on it when she took delivery? The bill of sale has 32 miles on it, there is no document that says 150. It's her word against theirs.

That's why she can't go in there guns blazing, she doesn't have a leg to stand on really. That's my point, the mileage thing shouldn't even be brought up...the question is why does the carfax show the car was sold twice.

You can be "right" and still have no case whatsoever. You're making an allegation you have to prove it, and she can't prove the car had 150 miles on it when she took delivery.