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Toyota dealer trying to take away my TL!!! PLS READ!

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Old 03-08-2006, 11:55 AM
  #41  
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"Hello, leg warehouse?" "What's that?" "You don't have any left?" "Sorry Toyota, I'm afraid the leg warehouse has run out of legs; so I guess that leaves you without one to stand on...."
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Old 03-08-2006, 12:18 PM
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I'm not a lawyer but just like everyone here, you're fine. The only thing you have to disclose on a sale even though it's an "as-is" sale is the condition of the title and accidents. Any other details of the vehicle you do not need to disclose unless they asked and if you lied. But in your case you did not lie because the BMW dealer returned your vehicle stating the vehicle is safe to operate. It's the responsiblity of the dealer just like the common buyer to inspect it before purchase. All sales are final in your case and I don't think the dealer can pull the "lemon law" card. Play dum because what you say may go against you. Just lay the facts out that the BMW release your vehicle as repaired. Next time they call you, tell them you'll sue them for harassment.
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Old 03-08-2006, 12:39 PM
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They are just trying to "strong arm" you. Ignore them and they will see they can't intimidate you. They don't have a leg to stand on. Plus, up in Canada you guys probably have a sensible court system.
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Old 03-08-2006, 01:05 PM
  #44  
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Don't spend any money on a Lawyer, let them file a case if they want the car bad enough. In my state, car sales laws only apply to dealers, not buyers, so every car a non dealer sales is assumed 'as is no warranty'. Check the laws of your state.
Also, It looks like they signed off on a 'good faith deal' with you. The next time they call, tell them to take you to court. Good Luck and keep us posted!!


What you did happens every day. When I was a Ford man (long, long ago), My 86 Taurus transmission went out (at 86,000 miles). After it was fixed I drove it straite from Mr. Transmission to a Toyota dealership and traded it for my first Honda. The transmission was still slipping when I traded it in.
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Old 03-08-2006, 01:36 PM
  #45  
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yeah man screw those dealerships. They lie to people all day long. Like someone said earlier they are jus mad cause they got played. You will have no problem wining this in the court (if it goes that far) because you wrote sold as is. The salesman is going to give you all kinda threats cause his job is on line rite now , but don't worry .. get some advise froma good lawyer.
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Old 03-08-2006, 02:03 PM
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A long time ago, I traded an old el camino in on a chrysler lazer 2.2 turbo.
The reason I traded it was that someone had remved all the cats and other polution control devices from the car, and I found out it was $1000.00 fine if the state found out (inspection).

They did not give me much for it (was smashed up 3 times and fixed), but a week after the sale, they called and said they could not accept it as a trade in.
It was only good to part out since all the pollution stuff was missing.

I laughed at them and said, I bought it that way, and so did you, YOU inspected it and drove it, and 3 days is up.
They said I would hear from their legal department, but they went out of business
a few months later.

They were very hard sell, did not come down much, did not give me much as a trade in, so they likely broke even.
First and only time I got over on them for a change...


Brett
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Old 03-08-2006, 02:04 PM
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A lot of you don't seem to have noticed something:

This guy is in Canada!

Regardless of what the law is here, and regardless of how similar the common-law tradition is between the U.S. and Canada, we are still talking about the laws of a very dissimilar set of jurisdictions (without even discussing the differences between state law in Vancouver and the multiple U.S. states you posters are apparently from). Just as an EXAMPLE, Canada may have a duty of fair dealing read into contracting, so a question may arise as to how sure you were that the car was in good shape (selling it allows people to infer that you thought the car was in shitty shape). In that case you would be screwed, regardless of what you wrote on the contract (which I hope you read carefully and saved). The law could be ANYTHING there in Vancouver, and I think you have heard the best advice possible already from other posters: consult an attorney. It's worth you time, and it's damn sure worth your money. I am a law student in New Jersey, and I'm not speaking as part of the "establishment"- I can't give you legal advice or practice law yet. I can only impart the importance of getting your attorney involved now, based on all of the horror stories I read every day.
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Old 03-08-2006, 02:18 PM
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You might want to check your “good faith” paperwork for anything you signed about the condition of your trade. When I have traded vehicles, I have signed disclosures stating that my trade hadn’t been involved in a major accident, but I don’t know if it had any wording on major mechanical issues. Probably wont make any difference though as legal costs would exceed the cost of just fixing the rig for resale. Some sales manager probably got his ass chewed and will take it out on the next 20 consumers trying to trade up.

Think about something a minute though…where do you think the dealers get all of those cars that they rip people off with? Most are trades, just like your beemer. They look good, have your word that all is ok, safety check and change the oil and out on the lot it goes for sale to a new owner. What if someone else would have come in that same day, and bought your old beemer right off the lot, as-is, and then found out it needed major engine work? Who would be the asshole then? Its ok for the consumer to rip off the dealer but not ok vice versa? Happens all the time and I know the dealer gets ripped off more than they do the rippin. But they are suppose to have some crystal ball or some other magical way to know every defect in trade before reselling it, right? Would you have disclosed the mechanical issue if you would have sold it to a private party?

No wonder there are so many lawyers in the world…everyone is trying to rip everyone else off…go figure. It amazes me the mentality of some of the posters to this thread. Would it be a bit ironic if the engine in your new TL suddenly took a major shit? Who would be the asshole then?

Originally Posted by Gauradz67
yeah man, screw those dealerships
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Old 03-08-2006, 02:27 PM
  #49  
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screw the dealership...that's right they got a taste of their own medicine like what everybody else said. maybe the manager decided to buy the TL but when you came in with your car, he thought he would have something better. but then when the deal was done he might of heard how the TL are so much fun to drive and all the amenities the car has and wanted the car back stating that the check engine light is on. clearly you wrote out "sold as is" if he had a problem with you jotting that down then deal wouldn't never took place that day. good luck with it
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Old 03-08-2006, 05:11 PM
  #50  
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Originally Posted by jam9011
F" them a deal is a deal you sign the title away tell him to sue you. The ass just want to keep his job.
i agree
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Old 03-08-2006, 05:32 PM
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I might also add to the mix that you did take it to BMW...so shouldnt this have been on a simple car fax report..or did BMW not list it formally in the system as in for this type of repair(common...saves em hassle if you trade it back to them...preserves value of car, ect). Seems that one dealer didnt follow SOP and either did the other one you traded it into...because he is in the business...he knows those reports are often worth little. But you my friend...are not...and he isnt gonna say that in court cause it only goes to make their industry look even shadier than it is. Let em sue you. You had it fixed at BMW...traded it in...got another car...whats wrong with this. Its America! They had due dilligence...the selling dealer is just trying to save his ass. Blow it off...even the dealer lawyers will tell them that they wont likely win in court...and are likely to only take it on the chin when you contact your local news "call for help" guys about the harrassment they have been committing. They are in the business and they didnt know what was up...or were they overly anxious to sell as car and didnt pay attention (not your problem either way).
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Old 03-08-2006, 05:45 PM
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Originally Posted by zhalvaje
Sue the toyota aand after that sue the BMW dealership for giving your invoice to the toyota dealership, its a privacy act violation.

Actually, it is not a privacy violation. Automobile records are not a component of privacy. BMW has every right to disclose the repair records, as long as they do not disclose personal information regarding the client.

I believe at the end of the day, it is a moral issue. I have done it, and felt bad about it afterward, but it is what it is.

Good luck.
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Old 03-08-2006, 06:06 PM
  #53  
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You took the vehicle to your BMW dealer for inspection due to the engine warning. The BMW dealer did not repair the vehicle, they only did a temporary fix and informed you what needs to be done. The cost was too much for you to bare, so you traded the vehicle in for the TL.

As an unbiased observer, the facts shows you knowingly traded a vehicle that required major repairs without disclosing the needed repairs. It appears the dealer may be out of luck. Of course, I'm not a lawyer.

There are some U.S. states that, in certian circumstances, requires damage disclosure notice upon sale of a motor vehicle or vessle, don't know about Canada or British Columbia.
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Old 03-08-2006, 06:19 PM
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Originally Posted by norcaltl
You took the vehicle to your BMW dealer for inspection due to the engine warning. The BMW dealer did not repair the vehicle, they only did a temporary fix and informed you what needs to be done. The cost was too much for you to bare, so you traded the vehicle in for the TL.

As an unbiased observer, the facts shows you knowingly traded a vehicle that required major repairs without disclosing the needed repairs. It appears the dealer may be out of luck. Of course, I'm not a lawyer.

There are some U.S. states that, in certian circumstances, requires damage disclosure notice upon sale of a motor vehicle or vessle, don't know about Canada or British Columbia.
Is not that what most people do when they trade their old cars in? First you try to fix it then, after you've learned the cost, you trade it in.
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Old 03-08-2006, 06:28 PM
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First off dealers are not stupid. They are supposed to do their own inspection of the car. Then they subtract what the car needs from the price they offer you.

Do they call you back and say we offered you 5k for your car, it just sold for 10k. We are giving you a check for 3k? No.

I would of laughed on the phone and when he asked what am I laughing at I would say 'Because its your f-ing problem now, not mine' I would of even been so kind to tell him how much it will cost for BMW to fix it.

I mean who really cares anyway. He sells the car, the person buying it brings it in for their 90 day warranty and his insurance pays to get it fixed.

This is a really funny story....please keep us updated.
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Old 03-08-2006, 07:06 PM
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here was our phone call convo

~MARCH 7~

I get a call from the Manager at Toyota Dealer

"Hey Alex, its Mike the manager at toyota......blah blah.....if I dont hear from you by wed. 6pm I will forward this to my legal dept."

So i call back; and he started going off on the "Misrepresentation of a trade in" which was noted on the back of my contract. I replied that I didnt misrepresent anything...and I said
"sir if you see on the front of the contract where it describes my BMW, I also put
" Since used car, sold as is"
Hes like" YOU WHAT!?" "You did that on OUR contract?!"
"yes sir I did"
"WHY!?...why would you do that? that tells me right now that you knew about the problem"
"No that doesnt, I do that when I sell my cars that doesnt mean I knew about anything...The car was fine when it was serviced at BMW, fine when you drove it, and now your calling 2 weeks later!"
He basically closed off by leaving me with those 3 options.
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Old 03-08-2006, 07:13 PM
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UPDATE
~MARCH 8~

Today i went to speak with a lawyer. Showed him my BMW papers, and sales contract.


Lawyer said that from what he sees, they dont know the problem with the X5 and it doesnt mean that it needs a new engine, just undetermined because i didnt wanna pay the extra $ to take the cyl head off. He brought up a similar case in Canada, and the resolution to that was that basically" Buyer beware"
He says its very good that I put sold as is, because especially dealerships would NEVER allow you to put that in.
He advised me to call the manager back, and tell him these:
- I didnt conseal anything
- You guys are a dealership and you were gonna buy it, you had ample time to check it out
-I put sold as is

The lawyer said that since im also a young guy(19) "they are trying to scare you aswell...but if they do take you to court, it might cost them more in legal fees...but they still MIGHT take you to court, and from what I see looks like he doesnt have a strong case and you will win"


I called the manager of toyota back 2 times and no response. I left him a message saying to call me back, so i can tell him what the lawyer told me to tell him.
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Old 03-08-2006, 07:16 PM
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Dont even communicate with him again and tell them they can have their attorney contact you if they would like and at that time you will get an attorney, which could take a few weeks, for their attorney to talk to.... To begin with...its gonna cost them money from square one! Legal Dept. LOL! You should have immediately used that as an excuse to no longer talk to him again....cause if he intends to go legal...you would be remiss to continue to talk whatsoever on the phone. Then tell him that maybe you will forget about the whole thing if he throws in a set of floor mats in the deal! What a looser. Tell us who he is so we can all call him and ask about if they have any BMW 530i's for sale or whatever...and watch him quickly forget about you and now think he has a HOT ITEM! (lol)


BTW....do you think dealers have a legal dept? Right! Why would a dealer need such a thing unless they had to be in court all the time to defend their sucky service. Lawyers cost money and are most usually a empty threat. This yoohoo is gonna have to get approval to do so to begin with from somebody over the top of him....which at that point he is gonna have some explaining to do isnt he? Thats why he is sweating you so much....its all a negotiation man. DONT NEGOTIATE and there is no game. Dont even talk to them. They really are at a loss either way....cheaper for them to let it go either way in the end....this guy just isnt high enough in the food chain to know this....and before he gets to somebody who does, he is gonna look like an idiot!
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Old 03-08-2006, 07:17 PM
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If the dealer saw you write "Used car, Sold As-Is", then it should have thrown a few red flags up to him and they should have checked your vehicle more closely.... but they didn't, so i don't find a problem here.... They could have not accepted the trade in , if they didnt like the contract......
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Old 03-08-2006, 07:26 PM
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wow
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Old 03-08-2006, 07:28 PM
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So you mean if I buy a car from a used car lot and I have to replace the engine two weeks later because the Check engine light came on, they would help me out and fix the car for free.... HA HA HA HA HA

I doubt they would honor this deal if it was the other way around.. Thats a lod of shit in my opinion...

FUCK those tards at the dealership.....
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Old 03-08-2006, 07:31 PM
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Originally Posted by drdamian
If the dealer saw you write "Used car, Sold As-Is", then it should have thrown a few red flags up to him and they should have checked your vehicle more closely.... but they didn't, so i don't find a problem here.... They could have not accepted the trade in , if they didnt like the contract......
Another damn good point! Not to mention...you most likely have a CC of the original contract...so they would even look dumber in court should they try to change it. Fact is....doesnt matter which copy you have....they are just plain screwed due to a bad judgement call by their sales manager. DrDamian makes a very strong point here. But either way, if it goes to court...hire an attorney. But I wouldnt mess with it until they have an actual attorney contact you concerning the matter via registered mail as well as personal meeting....again...at which time you get up and leave and state that you are seeking representation in the matter. Either way....you get my point....its gonna cost them money from square one! Legal costs! Dont spend before they do. Cause he will never get approval from the general manager to do so. A matter of fact...should he even call back, I would demand to speak to the GM of the dealership group (not just that individual dealership, but their group of dealers, if they are that large as most are, own several dealerships, ect) Again....its all a matter of public perception. Fact is....I dont think they have a real good case here either way. They are in the business....you are not. They are just pissed that this one time....they lost in the deal. Shit happens! DONT SPEAK TO THIS GUY AGAIN. KEEP CLIMBING THE LADDER IF NECESSARY. It only calls out this deal and this guys bad decision even more to his superiors. Fact is....he would do best to move on as he is wasting time and money pursuing this whatsoever. His boss will most likely eventually tell him this.
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Old 03-08-2006, 07:41 PM
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Since when do people give dealerships warranties?? Sales guys are used to strong arming people to do what they want. They are Type-A personalities that want you to believe you did something wrong. They are hoping you are some kind of creme puff who will come back in with your head down and give them something extra just for the trouble you put them in. Why the hell do dealerships believe people buy new cars? My answer to that dealer
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Old 03-08-2006, 08:02 PM
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this is kinda holding me back from:
-lowering the TL
-buying rims for it
Or am I just being a little scared and screw them and do it! hahaha
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Old 03-08-2006, 08:16 PM
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lol. I would wait. The min you get all confident, everything will back fire and blow up in ur face. Just the way things tend to happen now-a-days.
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Old 03-08-2006, 08:18 PM
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Originally Posted by houdaman
this is kinda holding me back from:
-lowering the TL
-buying rims for it
Or am I just being a little scared and screw them and do it! hahaha
Its your car dude. If the trans went out tomorrow would this dealer help you. Nope. Put rims on it...lower it...ect. If they call you back tell them you wrecked the car and you would now be glad to trade back even up. Will be the last time you hear from them. They scared you into paying for an attorney before you had to...I wouldnt even speak to ANYBODY from that dealership excect the "legal dept" (atty) tell them what is what. At least then you know you strong armed THEM into spending the same money on legal council that you did. Assholes!
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Old 03-08-2006, 08:22 PM
  #67  
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screw them and do it
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Old 03-08-2006, 09:28 PM
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I just read this thread and my is this -

You really didn't misrepresent your vehicle. Since you went and had the X5 checked out at the dealer.

People trade their 'problem' vehicles in all the time. That's why most people purchase 'new' (different) vehicles. And if we warrantied the cars we trade in, we wouldn't be trading them in the first place. (I'm sure the sales guy tried talking you into an extended warranty.)

If the Toyota dealer had a case, you would have heard from an attorney instead of the manager/salesman from the beginning.

Also, most used vehicles are either sold as-is or with a limited warranty (3mo./3k miles) anyway, What are they
really bitching about??

Oh, I know! They got screwed!

Anyway, they are going to get the X5 fixed and either 1.) trick someone in to paying $37k or 2.) Send it to auction and get what they gave you in trade for it.

So, I wouldn't sweat it.
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Old 03-08-2006, 09:44 PM
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well after 3 pages of reading, you still haven't gotten a call back? just send him a certified letter stating whatever the lawyer told you to tell him, case closed.
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Old 03-08-2006, 10:07 PM
  #70  
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Originally Posted by RickRoush03
well after 3 pages of reading, you still haven't gotten a call back? just send him a certified letter stating whatever the lawyer told you to tell him, case closed.
If you haven't gotten a call just leave it be, you won.....
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Old 03-08-2006, 10:13 PM
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What about the plates, doesnt he still have to go back to this dealership to get the plates
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Old 03-08-2006, 10:22 PM
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manager called me today again and said" sorry i missed your call i was in a meeting, please call me tomorrow at your convenience as im leaving the office now"


My plates were transfered(im in canada)
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Old 03-08-2006, 10:28 PM
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I like this thread. MOst of the times you hear about a buyer who got played but i am happy to see that a dearler got stuck with a bad car. I know Morally it is worng but they do it to people all the time and some people are spending their fortune to get that car. Anyways i think that salesman wanted to make that sale so bad he didn;t do wut he was suppose to do( inspect the car). You don't have worry about nothing man.. Do what you gotta do to your car man. Its your car. Oh yeah and give us that dearlers # . I would call and ask 'em about X5 and if anything is wrong with it. See what they say.
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Old 03-09-2006, 12:25 AM
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All I gotta say is that you got them good with a game that they played best on all the consumers. Go ahead and put those rims on your new TL man.
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Old 03-09-2006, 01:03 AM
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My man congratulation on your Buy and Fuck the dealer. Don't even bother calling him back and if he call u again tell him to take u to court. They, like others people have told u, are just trying to scare you. They did get a taste of their own medecine.
How many times have they screw people , the minute that they left the dealership. If it was me, I'll tell him to stop calling me or I'll sue them for Harassement. A judge will just be laughing at them, for not doing their job.
And any way what the worse that could happen. Taking to court, win case and the judge "maybe" asking you to return the car.
Boy ENJOY YOUR RIDE. Get ur rims, make ur payment, and call block their number.
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Old 03-09-2006, 01:32 AM
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whatever you do, don't bring the car back to the dealership for any service. lol
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Old 03-09-2006, 01:57 AM
  #77  
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Wow...
You are so young!! 19 yrs old!! from X5->TL
anyways...
It wasn't OpenRoad Toyota was it?
Since I am from Vancouver too, I wanna to know which dealer it is! Thx
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Old 03-09-2006, 02:02 AM
  #78  
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Any new updates? Sounds like the dealer got screwed. Now they have a taste of their own medicine. Haha.

After reading 4 pages of responses, I agree you don't have any problems.
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Old 03-09-2006, 02:03 AM
  #79  
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I kind of did the same thing. My car kept shutting off when i was driving. could be under acceleration, deceleration, cruising, or just at a stop. The engine would just randomly die. Kinda scary but after awhile, I figured out I could crank up the key again and it would come back (sometimes). I ended up trading it in for the TL because I didnt want to sell that to a private party because I would never have heard the end of it. I figured that I wouldnt get a good deal at the dealership, but if I spent the money to get it fixed and then sold it to a private party, it would have cost me more. Not to mention the extra hassle as well. Who better to deal with it then at the dealership, they can fix it themselves.

Got my car over a year and a half ago. never heard from the dealership again
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Old 03-09-2006, 02:05 AM
  #80  
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Originally Posted by a_bu_lo
Wow...
You are so young!! 19 yrs old!! from X5->TL
anyways...
It wasn't OpenRoad Toyota was it?
Since I am from Vancouver too, I wanna to know which dealer it is! Thx

Hey Bruce!!! Yeah I think it is the Toyota from Coquitlam!!! Is your X5 RED?
Let us know so we will tell our family and friends not to buy a car there!!


Hope everything works out and I agree with everyone else here. "DON't GIVE IN" It is totally the Dealer's fault and trying to put the blame on you. You did nothing wrong!!!
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Quick Reply: Toyota dealer trying to take away my TL!!! PLS READ!



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