D2-AUTOSPORT

PDX13- there are only 2 reasonable outcomes:

1. Sell the car and accept your losses! This is your best bet, because you will never have a 100% mechanically sound car!

2. Have the seller pay for Lexus, or a REPUTABLE shop to address all maligned areas. They may not want to do it, but DO NOT allow them to do it, they are in the business of making money so they will only use GUM/WD-40/BLACK TAPE/and SNOT to make the repairs, in other words just enough to GET IT OFF THE LOT!

Hey just go online and find a website for bodyguards, and hire 3 of them for 2hrs!!! Viola burly intimidating guys to stand behind you while you bargain

skperformance

iTrader: (6)

this thread has sure gotten alot of attention from alot of helpful people
but i am actually wondering what exactly did they ( lexus or another shop?) find as defects?
was it body fitments mechanical or electrical and which parts?
did you try and contact the previous owner as it should be listed on the previous registration
give them a call they might be very helpful in giving you damage photos or atleast a good explianation of the damages previously incurred( you might get luck and it was welded from a stolen car which most dealers cannot sell and would then be forced to return your money)
i know most of what us members tell you may not end up helping much
but good luck as there doesn't seem like there is much of a silver lining
as the court issue is disolving that rather quickly with fees on what you had saved

good luck again

phoenixm3

Damn~~thx for all your input!! Im really appreciate all your help. I will let you guys know the outcome. U guys are the best!!

kvoman

Phoenixm3 -

Sorry to hear about your problems. If your contract said ONLY the front headlight was damaged and it was fixed and they sold it to you and you discovered a ton more problems, like you have described (steering, suspension, etc.), then you do have a basis for a fraudulent claim against the dealer. I would go through the contract a few more times to read exactly what was disclosed - not just that it was salvaged. It can be salvaged but the damaged items have to be fixed before it can SAFELY be put back on the road. The key word is SAFELY, if they knowingly put a car back on the road in an unsafe condition, they can be held liable.

First, I think you should contact the local Better Business Bureau and the CA Department of Consumer Affairs (http://www.dca.ca.gov/) under Consumer Information and file a complaint against this business. Then your most cost effective resolution is to go back to where you bought the car and have the car fixed with all the problems that you noted - unless you want to shell out the money upfront to pay a Lexus dealer or another repair shop and hope to recoup the expenses through legal actions. If that dealer still can't make it right within the 30 days bumper to bumper warranty, then your recourse could be to file suit against the business and the individual owner(s), if it is not incorporated or a corporation. Although some incorporated businesses list individual owners, if that was the case, you could also file against the owners. Of course all this could be very expensive and will likely cost you a bundle up front. Your legal expenses should of course be included in the suit and if the court finds the suit in your favor, your legal expenses will be paid for by the dealer.

Of course, none of this information is meant as legal advice, it's just my opinion.

DrewGS4

If all else fails you can always do what this guy is doing to his sales guy

http://forums.mbworld.org/forums/ava...ine=1047275311

LB Lex

You need a lawyer who is familiar with the UCC Article 2 (Unifiorm Commercial Code, Sales).

TELL THEM YOU DON'T ACCEPT THE CAR AND YOUR REASONS WHY, A.S.A.P. You have a limited amount of time to do this (the code allows you to reject a good after you inspected it within a reasonable amount of time). Once the reasonable amount of time to inspect and reject passes, you have technically accepted the car and then revoking the contract after this is much harder.

You could try to have them fix it under the warranty, but I don't think that will happen because the car will cost so much money to repair properly. Additionally, you will almost definitely find more problems with the car after the 30 days passes, so I think you should return it.

*****
DISCLAIMER: I AM A LAW STUDENT AND NOT LICENSED TO PRACTICE LAW ANYWHERE, SO THE INFORMATION STATED IN MY POSTS MAY BE INCORRECT.

phoenixm3

93LexoGS300:
The place where i bought this car said that i can't retuen this car becasue i signed the contract. The point is that i discovered so many problems which is not just related to the damaged side. Limited time?? How long is that??

skperformance

iTrader: (6)

still wondering what are the exact defects that were found on the car?

aliga

iTrader: (147)

Some salvage cars are good deals. The car being salvage is not the problem here, but phonexm3 did not check the car out fully.

gs400998

What is your lawyer's recommendation? Majority of people at this forum aren't lawyers

phoenixm3

Coolant leak from lower radiator hose, Exhaust leak noticed from left side near cat, Steering rack is offcenter, Left caster bar possibly bent, Bearing type noise at front of engine.

My lawyer recommanded me to go have an inspection again then give the shop few more chances to fix it, if they aren't able to fix it then i will have to sue them.

LB Lex

That's B.S., you signed a contract for the sale of a car, but you don't have to accept what they give you. Under UCC, Article 2, section 2-601, acceptance doesn't occur until after a reasonable opportunity to inspect has passed and you tell the seller the goods don't conform. A reasonable opportunity depends on the circumstances, but in your case a reasonable amount of time can be a week or two. You have to protect yourself and make a proper rejection by telling them you are rejecting the car and the reasons why.

I am only focusing on the rejection aspect of your situation because that is the first step and will preserve a cause of action for rejection if you sue him. Furthermore, you shouldn't keep the car because a salvaged car is just trouble, like everyone else says. The next would be to have him fix everything under the contract. If he fails to fix everything, you can bring it to someone else and have them fix it, then sue him for the cost of the repair. The problem is that you still have a salvaged car that will produce problems months from now. Additionaly, if you decide to sell it, you would have to tell the buyer it is salvaged and this fact would turn most buyers away.

Be adamant about returning it, I think this is the best thing to do.


*****
DISCLAIMER: I AM A LAW STUDENT AND NOT LICENSED TO PRACTICE LAW ANYWHERE, SO THE INFORMATION STATED IN MY POSTS MAY BE INCORRECT.

phoenixm3

93LexoGS300:
So by telling them about UUC law...do you think they will just let me return the car? I don't think so. Should i bring anyone with me in order to make sense on this one? I'm sure they wont let me return this car that easy. Also i know there is no cooling period according to california law right? Damn...should i just hire a lawyer and ask them to write a letter or maybe just bring the lawyer to the shop and have he to handle this thing?

LB Lex

Of course telling the dealer about the UCC won't make them change their mind, I placed it there so you know what some of your rights are. If I was in your place, I would tell them I reject the car and I want my money back. I wouldn't keep it because it would be a pain in the butt, but if they don't take it back, you could give them a chance try to fix it. If it is still not fixed, you could have another shop fix it and sue the dealer for the amount of the bill.

Either way you do it, it looks like your going to end up suing the dealer. They won't let you return it, and most likely they won't be able to fix all the problems. Just try your best to convince the dealer to take it back because lawsuits suck. Maybe bringing a lawyer with you will help change the dealer's opinion, I just hope he won't charge you for it and his presence won't guarantee the dealer will take the car back.

skperformance

iTrader: (6)

thanks for saying what is wrong with your car
this may be not what you might want to hear but
the alignment always changes no win situation any dealer ( 100 for another alignment)
leak in rad pipe about 20 ,change it also
the exhaust i am not sure on that price ,i am sure one of the gs owners can fill you in on that
and get the bearing noise checked
the best thing is take it to lexus pay the money to have it fixed
detail you findings and repairs show the dealer you got it from and see if they will pay
if not take it to small claims court ( much cheaper and simpler,doesn't sound like over $5000)
I am not sure if i am the only one but from the first thread i though it was much more damage than listed with your car having major frame damage ,faulty welds, mismatched parts( which is what usually does happen to alot of rebuilds)
actually sounds like you did get a good deal if these are the minor problems.
but they still are problems ( much simpler than a smoking engine)
if anything ,call it a day count you losses and chaulk it up to experience

good luck and
i hope this was helpful