Less than a week old, ALREADY IN THE SHOP!
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Less than a week old, ALREADY IN THE SHOP! UPDATE 10/10!
So after saving my $ for 3 years I went out and finally got the truck I always wanted. A 2006 Tacoma DC, 4x4 w/TRD off road & tow pkg. That was this last Saturday. Last night while driving home from work I noticed the temp gauge near RED ! I've had old cars that overheat and I quickly cranked up the heater...WHAT ?...no hot air . This is not good. I was just entering a tunnel so I couldn't stop. Drove about 2 miles. I never saw any smoke or steam coming from the hood. When I opened the hood there was pink stuff all over the engine area. Eventually I got towed to the dealership where I bought the truck 5 days before. It was 10:20PM. Only a couple of sales reps about to leave were there. They gave me an Prius and said the service dept would call me in the morning. What should I do ? Should I ask for my $ back. How do I know this isn't going to cause me headaches the day after the 3yr warranty is over. I'm at work now, waiting for a call. This sucks !!!! :cry:
Last edited by GotTaco; 10-10-2005 at 01:36 PM.
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If they don't give you a new truck, make sure to document all the instances that you've had issues. Also, there are law firms that do work for you knowing that they get a pay day from the car company down the road. They are a great service to have.
A buddy of mine had a bunk Mustang covertible that gave him all kinds of trouble. After a year of haggling, the dealership gave him a brand new one. He didn't spend a dime with the law firm. This is all "just in case."
A buddy of mine had a bunk Mustang covertible that gave him all kinds of trouble. After a year of haggling, the dealership gave him a brand new one. He didn't spend a dime with the law firm. This is all "just in case."
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#8
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That really sucks.
There is no contract cancellation period in California for automobile sales or leases, sorry.
Lotsa 'ifs' and 'buts', but here's the short version:
You could try to rescind the sale, but that would require a lawsuit unless Toyota just chooses to take it back and not fight. In order to rescind the sale you would to sue for breach of warranty, and since your limited warranty requires them to repair it, the warranty has not failed until a reasonable number of attempts to repair have been made (that would be 4 times) and failed to repair it, or 30 days out of service has occurred within the first 18 months for the same repair. Revocation of acceptance probably won't work - since the goods (truck) did not fail to conform to the contract at the time you accepted it. Again, it would require a lawsuit to try this. That takes time and money, and they still get an opportunity to repair it.
CANCELLATION FOR BREACH OF WARRANTY
Rejection. Buyer may reject a non-conforming product, and, if the seller does not cure the breach, buyer may cancel the purchase (Com. Code 2601, 2711(1)).
Revocation of Acceptance. Buyer may revoke acceptance of accepted goods, if they substantially fail to conform to the contract, and may cancel the purchase (Com. Code 2608, 2711(1)).
Lemon Law. If a warranted product cannot be repaired after a reasonable number of repair attempts, the warrantor must either replace the defective product or reimburse its price, less the amount attributable to use (CC 1793.2(d), 1793.22(b)).
There is no contract cancellation period in California for automobile sales or leases, sorry.
Lotsa 'ifs' and 'buts', but here's the short version:
You could try to rescind the sale, but that would require a lawsuit unless Toyota just chooses to take it back and not fight. In order to rescind the sale you would to sue for breach of warranty, and since your limited warranty requires them to repair it, the warranty has not failed until a reasonable number of attempts to repair have been made (that would be 4 times) and failed to repair it, or 30 days out of service has occurred within the first 18 months for the same repair. Revocation of acceptance probably won't work - since the goods (truck) did not fail to conform to the contract at the time you accepted it. Again, it would require a lawsuit to try this. That takes time and money, and they still get an opportunity to repair it.
CANCELLATION FOR BREACH OF WARRANTY
Rejection. Buyer may reject a non-conforming product, and, if the seller does not cure the breach, buyer may cancel the purchase (Com. Code 2601, 2711(1)).
Revocation of Acceptance. Buyer may revoke acceptance of accepted goods, if they substantially fail to conform to the contract, and may cancel the purchase (Com. Code 2608, 2711(1)).
Lemon Law. If a warranted product cannot be repaired after a reasonable number of repair attempts, the warrantor must either replace the defective product or reimburse its price, less the amount attributable to use (CC 1793.2(d), 1793.22(b)).
Last edited by Flamedx4; 10-07-2005 at 09:43 AM.
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Definitely complain to them until they cave in and give you a new truck or at the LEAST fix whatever problem you were having for free and give you a really NICE loaner..lol.
If it was me, I'd talk to the sales guy before I even let them get the truck in the service bay.
Definitely keep us posted on this!
Fink
If it was me, I'd talk to the sales guy before I even let them get the truck in the service bay.
Definitely keep us posted on this!
Fink
#11
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wow...that's crazy....what do you think happened? just a thought, but would this have happened say if someone at the dealership were to top it off with the wrong type of antifreeze.....I thought if you mixed the two different types they became like gel and turned pink...then it could clog things up and cause the car to run hot...right?
#12
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Originally Posted by AW1090
wow...that's crazy....what do you think happened? just a thought, but would this have happened say if someone at the dealership were to top it off with the wrong type of antifreeze.....I thought if you mixed the two different types they became like gel and turned pink...then it could clog things up and cause the car to run hot...right?
honestly though the only thing you can do is talk to there GM and see if he can help you. If not you are stuck with getting it fixed. some dealerships are so focused on making a customer happy (because extra money goes in their pockets) they may help you by switching it out. However if you bought it from a small dealership they may not care too much and you are back to square one.
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Update. The service manager said that the radiator leaked and needs to be replaced. Probably will not be ready till Tueday. I asked him how does he know if the overheating didn't cause any engine damage. He said these engines are "bullet proof", but that they would pressure test it for 30 minutes and test drive it. I've left a voice mail for the sales manager, but he has yet to call me back. I plan on heading over to the dealership this afternoon.
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Originally Posted by GotTaco
Update. The service manager said that the radiator leaked and needs to be replaced. Probably will not be ready till Tueday. I asked him how does he know if the overheating didn't cause any engine damage. He said these engines are "bullet proof", but that they would pressure test it for 30 minutes and test drive it. I've left a voice mail for the sales manager, but he has yet to call me back. I plan on heading over to the dealership this afternoon.
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Hey GotTaco-
What dealership are you dealing with? Concord, Walnut Creek or somewhere else?
Just curious to know if my initial impressions of the local dealerships are accurate...
Good luck with the repairs-
-Scubaduck
What dealership are you dealing with? Concord, Walnut Creek or somewhere else?
Just curious to know if my initial impressions of the local dealerships are accurate...
Good luck with the repairs-
-Scubaduck
#16
Its man made. It can and will break no matter how old it is. I have an 04 Taco and it has had some problems all covered by warranty. I have a rear window latch sitting over at a local toyota dealership I need to replace on my truck, I'm tired of them climbing all over my truck getting everything greasy. I'll just spend the 35 bucks and replace it myself.
This is why the vehicles have warranties, so when they break you dont have to pay for it.
Its really unfortunate that your truck has had this problem but I'm sure they will get it all fixed up for you. Toyota puts out a pretty reliable product but there is always going to be problems.
As far as giving you a new vehicle you guys are crazy. If every time I used the warranty I got a new Tacoma I would have had 4 new Tacoma's by now. heheh. This is the purpose of a warranty, to fix your new car free of charge.
This is why the vehicles have warranties, so when they break you dont have to pay for it.
Its really unfortunate that your truck has had this problem but I'm sure they will get it all fixed up for you. Toyota puts out a pretty reliable product but there is always going to be problems.
As far as giving you a new vehicle you guys are crazy. If every time I used the warranty I got a new Tacoma I would have had 4 new Tacoma's by now. heheh. This is the purpose of a warranty, to fix your new car free of charge.
Last edited by CynicX; 10-07-2005 at 12:56 PM.
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no i have seen them trade up toyotas especially if it is within the first few days. Now you may take a bit of a loss too. and you should ask them too that if it is so bullet proof what happened to the sienna' s where there was a massive recall for the radiators.
#18
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yeah, chances are you can't get a new truck, but i would push for a new engine. i even bet if you call toyota corporate they'll offer you a new engine. my dad's '90 4runner was one of the first to have a head gasket problem, this was before toyota knew there was a problem or even issued the recall. when he took it in to because of strange over heating problems, they found the HG problem and since the overheating cracked the block, they replaced the engine for free out of warrenty but before the recall.
#19
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Must've been the lucky truck that was built either on Friday or Monday. The assembly lines are either looking to get hung over or came in hungover he he. Anyways, I would most definitely try getting a new truck.
#20
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Originally Posted by CynicX
I'm tired of them climbing all over my truck getting everything greasy. I'll just spend the 35 bucks and replace it myself.