BBrown

First, the "AS IS" clause it not per se binding. There are exceptions to it. Second, it is irrelevant that the car is used. Third, no one is saying to sue the guy because it is preferable to use some form of alternative dispute resolution. Last, sellers don't have to be a "dealer" in order to be sued.

waskillywabbit

iTrader: (-1)

"I'm not a lawyer but I did stay at a Holiday Inn Express last night and I say sue the bastages."

:pat:

EnolaGaia

Just a couple of footnotes based on the '04 Tacoma factory brochure....

There are Tacos with the 'TRD Package' but without the e-locker. The e-locker was not included in the TRD Package on 4-cylinder PreRunners. (Not the truck in question - yes, I know...)

Tacomas with the 'TRD Package' can have either basic-black or color-keyed fender flares. If the Taco also has either the SR5 Color-Keyed or the Limited Package, the flares are color-keyed. If the Taco has only the TRD Package, they'd be black.

ASU4runner

Also, the Tacoma TRD Package includes the Bilstein shocks.

What about the tire size? Make sure they're the same as what should be on a TRD Tacoma.

ASU4runner

"AS IS" should be void since it's not the same product sold that was listed in the ad.

DetroitTurbo

I finally got a response from them after I sent them an estimate of $1500 for the ARB locker and compressor installed.
Any suggestions? I don't think 500 is fair, and I kind of expected this would happen so this is really irritating. I was willing to do the rest of the TRD package on my own, the wheels, shocks , etc. I thought I was being fair.

tc

You have two choices the way I see it:
- Return the truck and get your money back and look around (more carefully now with your newfound knowledge) for a _real_ TRD-package truck
- Take the $500, put it towards making the truck how you want it, and chalk it up to a lesson learned

(IMHO This is PHENOMENAL service from the seller. They fully have the right to say "too bad - buyer beware".)

Firescooby

I guess it all depends if having the locker is a break the deal or not. If so, tell them you want them to buy the vehicle back.

If not, maybe counter offer. Tell them you'll take the $500, the TRD aluminum wheels with your current wheels as trade and the shocks installed. The wheels and shocks should be something they have.

Good luck. I've also noticed that the 2004 and earlier trucks are fetching high prices. I bought my 2004 4wd double cab in April 2004 new for $23,100 OUT THE DOOR. I've noticed used trucks with 10-20k miles stickered for $25K. That's crazy!!!

rockota

I side with the dealer on this one. I don't care what the sales person said, if the contract doesn't say TRD package listing all of teh components nor does the window sticker, and the buyer didn't do homework, then it's the buyer's fault and the dealer is off the hook. Sorry, but I think this is kind of petty. One look at the vehicle or (factory) window sticker would be enough to tell it's not a TRD. Buyer beware - the dealer is going WAY above and beyond.

FilthyRich

agreed.
Most would not even offer the $500. Maybe $300....Take the $$$. Say thanks. Put it towards a locker and upgrade the suspension with something better than stock. Call it a day and enjoy your new truck

Roadtripr

If you are set on getting it up to TRD status and you are going to blow your own money on it ( $1500 on a new locker, $300 on suspension, $400 or more on wheels) then I say return it if you still can.
If your are fine with what you got be happy and take the $500.

Paul H.

You can always take the money, start looking for a true TRD Tacoma and when you find one trade what you got for it.

99SR5

iTrader: (1)

yeah do that. they cant sell you a car saying it has something when it really doesnt. thats like them putting on a GT sticker on a V6 mustang

DetroitTurbo

I'll take the $500 and forget it. I should have known that it wasn't a TRD, but they definitely should have with their claims of selling more than the local Toyota dealer.

I drove 4 hrs one way to buy a truck that was advertised as a TRD. And even I asked them about why the locker switch was missing, they just held up their hands and said I dunno. Whatever.

I like the truck, trading it or selling it isn't happening. It has less than 1000 miles and there isn't going to be another one like that around.

I don't know who is at fault by badging it wrong, maybe it was a factory error. I could notify Toyota of my concern and see what they say about it.

It was an $1100 option, and that too me would be the fair amount to give. I paid them 100% of their asking price, I doubt $1100 is going to kill them.

rocket

iTrader: (1)

$500 is a joke! If they advertised the truck as a TRD and still sold it off as a "TRD" then i would demand they give you AT LEAST the difference in the TRD sticker price.

Have you tried talking to the manager via phone? Using emails for comunication makes it all the easier for them to scam you and say whatever they want. It seems to me like your being a little too nice for what they did. Have you told them that they used *false advertising*? I would.

Is this guy kidding?? TRD's are more like $1,000 to $2000 more. My brother recently spent a couple months searching for a newish Tacoma and every TRD package he found was a minimum of $1,000 more than a non-equipped TRD.

I wouldn't settle for no measly $500 untill you at least try getting more from them. good luck.

nermalgod

Consider this. the dealer wants to send you a check for $500. That is a $500 hit in profit for him. Trade him for product. Ask him to order through Toyota or their part connections parts at cost. That way the dealer still takes a $500 hit but you walk away with closer to a $1000 worth of product.

youngbuck

I would never accept a measly $500 in place of the TRD package.

This is straight from my 2001 Tacoma TRD:

TRD Offroad Package: $1,360.00
O/R Suspension, P265/70R16 BF Goodrich Tires, RR Console Box, Diff Locks, 16" Aluminum Wheels

Anybody saying that $500 is a fair replacement for that is out of their mind. You were definately dumb for not making sure it was a TRD before plopping down a massive chuck of cash, however, they still need to be held accountable for their false advertisement and deceitful sales.

I would demand one of the following, in your case, if I had made up my mind that I was going to keep the vehicle:

DEMAND the installation of every piece of the TRD package
or
DEMAND the sticker price of the TRD package
or
DEMAND that they trade you the same Year/Mileage Tacoma, TRD equipped, for yours.

If I were in your shoes I would settle for nothing less. If they refused, I'd take 'em to court. Even though it'd be a hassle, I would stand up for myself.

tc

People - reread the original post.

THIS WAS NOT PURCHASED FROM A TOYOTA DEALER. "Just" a used car lot. He does not have factory access to the parts. He does not have a factory invoice. He can't be expected to know all the ins and outs of what constitutes a TRD package.

Your decision to take the $500 and run is a good one. This guy is going way above and beyond - post his name on here - he deserves it!

SloPoke

That was alot of reading!

First off....Sorry about the mix up and you not getting the elokt rear.

All comments on what to do aside.....fact is.....if you haven't made the first payment yet....you can return the truck without incident. This is what I would do.

I agree with the Caveat Emptor comment. If you had done the research, you'd of known with a glance that the locker was missing. The button not being there is a tell tale sign.

Anyways....back to the issue.......

by agreeing to give ya a 500 check, that is legally admitting fault.

I say return it and start the hunt for the one you really want.

rockota

I doubt that is true. Contract was already signed, the dealer is now out of the loop and already paid from the bank. It's now between him and his bank. I've never seen a state and/or dealer and/or bank that would allow a 30+ day test drive w/ return for full refund. EVER.

The buyer is at fault here, not the dealer. I think the dealer is already gone way above what I would do had I been the lot owner. Granted, a mistake was made, but the buyer should have done some reasearch, regardless of add. If I were the dealer, and not a oyota dealer, I'd likely have advertised as a TRD as well, as that's what the stickers said...