MrMarty51
Well-Known Member
There is a lemon law over here, don't know if that would pertain.
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"New" to me
- Thread starter 79jasper
- Start date
JayTheCPA
Well-Known Member
Lemon laws are commonly for when the manufacturer tries to repeatedly fix something but the new part keeps breaking or the repeated repairs are ineffective.
In this case, if anything, merchantability (and probably State / Federal) laws will apply.
In this case, if anything, merchantability (and probably State / Federal) laws will apply.
79jasper
Active Member
Here in Oklahoma, lemon law doesn't apply much to cars sold "as is." Unless you can prove they tried to hide something.
The DEF tank and filler under the hood are still there. So I'm thinking it's possible they didn't know.
I don't really care either way. But I figure doesn't hurt to ask them.
When I saw the filler, I guess I presumed everything else would be there.
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The DEF tank and filler under the hood are still there. So I'm thinking it's possible they didn't know.
I don't really care either way. But I figure doesn't hurt to ask them.
When I saw the filler, I guess I presumed everything else would be there.
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Don't ask them for a final answer. You should ask your attorney. You are missing several thousand dollars of emissions equipment on the truck and now it's on you if you need to sell the truck. Run into the ground and sell as scrap is an answer. Again the expense of replacement should have lowered the price of the truck. After all the black market pays well for these parts so if you deleted it and cleaned up the garage later... Converters and DPF's are stolen off trucks. So IMO you left some major cash on the table. The truck could have been a repo and no one looked. The dealer may just be ignorant rather than deliberately doing this.
79jasper
Active Member
I think your last line could be it.
The other thing of not crawling underneath to look, from my understanding was a truck couldn't be sold on a lot like that. I mean, look at vw. We did the buyback on ours.
I need to see if I can maybe do a carfax or similar. Maybe see if there's anything else they didn't tell me.
I think it came from Arkansas. There's a few inspection stickers in the door jambs, they're just not real legible.
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The other thing of not crawling underneath to look, from my understanding was a truck couldn't be sold on a lot like that. I mean, look at vw. We did the buyback on ours.
I need to see if I can maybe do a carfax or similar. Maybe see if there's anything else they didn't tell me.
I think it came from Arkansas. There's a few inspection stickers in the door jambs, they're just not real legible.
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79jasper
Active Member
So I talked to the "manager," he says "no, I didn't know it was deleted, but I hope it is. That's the first thing I do to mine when I get them."
Did say he bought it at auction.
So I don't know if he's playing ignorant, just is ignorant (to the subject), or what.
It's a smaller used lot. But sister to a ford, gm, and a dodge dealership. (Same owner)
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Did say he bought it at auction.
So I don't know if he's playing ignorant, just is ignorant (to the subject), or what.
It's a smaller used lot. But sister to a ford, gm, and a dodge dealership. (Same owner)
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JayTheCPA
Well-Known Member
Common scenario: Drive a few hours to the auction lot. Buy it. Drive it home. Clean it. Make it run smooth (if applicable). Change the motor oil (and maybe the trans fluid if it is less than pink). Sell it.
If the truck ran fine on the way home (aside from the speakers and warning about the aftermarket brake controller), it is highly likely that the dealer had no idea of the missing parts as there was no reason to go looking. Especially if the PO modified the code to ignore it.
If the purchase price level was at the 'bargain' range, I'd consider fixing it myself and just treat it as a lesson learned.
At this point, looking like 'caveat emptor' is strongly coming into play, but it you might (or might not) get further by pressing the issue if that is what you want.
Decisions, decisions . . .
If the truck ran fine on the way home (aside from the speakers and warning about the aftermarket brake controller), it is highly likely that the dealer had no idea of the missing parts as there was no reason to go looking. Especially if the PO modified the code to ignore it.
If the purchase price level was at the 'bargain' range, I'd consider fixing it myself and just treat it as a lesson learned.
At this point, looking like 'caveat emptor' is strongly coming into play, but it you might (or might not) get further by pressing the issue if that is what you want.
Decisions, decisions . . .
79jasper
Active Member
I wouldn't necessarily say it was at a bargain price. Especially now considering what's missing.
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Jaryd
Extremely Deplorable
If you lived here in South Carolina you could sell the truck for more than book value just because it is deleted. The younger guys with daddy’s money literally pay well above book value for a deleted truck around here. We don’t have any kind of vehicle inspections though.
Will L.
Well-Known Member
It really is a case of would you do a delete if it was free or would you have them install the parts if it was free.
If you would deltete then run it and enjoy. If you would have them add it, Then is there any smog requirements in your area or in same state? Call them and find out who they point you to.
Yes lawyers make things happen -but $$. Going down with a printed paper of the law showing thier error, pointed to you by dmv or epa- and asking “will you take care of this without us involving lawyer costs and legal fees?” usually gets a ball rolling.
If you would deltete then run it and enjoy. If you would have them add it, Then is there any smog requirements in your area or in same state? Call them and find out who they point you to.
Yes lawyers make things happen -but $$. Going down with a printed paper of the law showing thier error, pointed to you by dmv or epa- and asking “will you take care of this without us involving lawyer costs and legal fees?” usually gets a ball rolling.
79jasper
Active Member
My opinion is like warwagon said, I'm paying for those items to be there.
While some may pay more, imo that's retarded. Not any different than someone tacking on the price of lift, wheels, tires, stereo, etc to the value of a vehicle. Lol
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While some may pay more, imo that's retarded. Not any different than someone tacking on the price of lift, wheels, tires, stereo, etc to the value of a vehicle. Lol
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Jaryd
Extremely Deplorable
I agree 100%. It is retarded that they are paying more than book value just because it’s deleted.
Will L.
Well-Known Member
Yeah, then chase it.
No smog check in El Paso?
No smog check in El Paso?
79jasper
Active Member
Should update that. Back in Oklahoma now.
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79jasper
Active Member
So I did talk to dealer again. He literally laughed at the subject. Which I don't take nicely.
Did actually talk with a lawyer Thursday, then the dealer again Saturday. I had advised the lawyer that I would be speaking with the dealer just to see if he would be willing to settle anything to make both sides happy with the deal. His reply is basically "someone did you a favor deleting it. Truck is already "back to book" (whatever TF that means) not willing to do anything on price "since the banks make the price" he did say I could take it to his buddy that could flash it back to stock, then retune it. I assume on my own dime, because why would he throw any money at it.
So now where we're at is he said I can bring it back Monday, he'll charge me for the detail fee and swabbing the tanks for gas, then basically buy it back. But his response is that he can't give my down payment back since he doesn't just carry a checkbook. (I call b.s. there, he could in fact do a refund to my bank, or a check from the parent dealership company)
So I'll have a word with the lawyer tomorrow morning, see what he advises and go from there. I really do feel like he's going to trdy to screw me on the detail and swabbing the tanks. Claimed that's something he does on every used vehicle (but doesn't check for a dpf?)
I feel like he's going to be in for more than he thinks.
Or maybe I'm overreacting, but it is an apparent case of fraud with no disclosure.
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Did actually talk with a lawyer Thursday, then the dealer again Saturday. I had advised the lawyer that I would be speaking with the dealer just to see if he would be willing to settle anything to make both sides happy with the deal. His reply is basically "someone did you a favor deleting it. Truck is already "back to book" (whatever TF that means) not willing to do anything on price "since the banks make the price" he did say I could take it to his buddy that could flash it back to stock, then retune it. I assume on my own dime, because why would he throw any money at it.
So now where we're at is he said I can bring it back Monday, he'll charge me for the detail fee and swabbing the tanks for gas, then basically buy it back. But his response is that he can't give my down payment back since he doesn't just carry a checkbook. (I call b.s. there, he could in fact do a refund to my bank, or a check from the parent dealership company)
So I'll have a word with the lawyer tomorrow morning, see what he advises and go from there. I really do feel like he's going to trdy to screw me on the detail and swabbing the tanks. Claimed that's something he does on every used vehicle (but doesn't check for a dpf?)
I feel like he's going to be in for more than he thinks.
Or maybe I'm overreacting, but it is an apparent case of fraud with no disclosure.
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btfarm
America First!
It sure doesn't have a stock tune right now or you would be seeing a constant group of codes for it not having the DPF. And if he did have his buddy put the stock tune in and not install a new (to you) DPF, then that's what you'll have.
79jasper
Active Member
Yeah. Evidently he thinks I don't know anything about diesels. Also told me I would be refilling the DEF tank every couple hundred miles. Lol yeah okay, everyone in the real world is seeing 5-8k miles between fill ups. And how would he know anyways, since he told me the first Thing he did was deleted his truck when he got it.......
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DieselSlug
Well-Known Member
Not that it matters but is this guy (slimy sales rep) a younger type of dude? Seems adamant on the delete is gods gift to this earth. However if there is chance of failing inspection (here in NYS is Safety, Emissions [not needed for 3/4 ton and up] and Visual). Your truck would fail the visual here and not be able to get inspected. IMO, that truck isn't worth more than scrap to me.
IMO he knew, just knows if he admits he could be liable. He obviously sounds somewhat knowledgeable on the subject of parts/pieces.
IMO he knew, just knows if he admits he could be liable. He obviously sounds somewhat knowledgeable on the subject of parts/pieces.
79jasper
Active Member
He's actually older. At least in his later 40's.
Fortunately/unfortunately (because some vehicles shouldn't be on the road) no inspections here, except for commercial.
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Fortunately/unfortunately (because some vehicles shouldn't be on the road) no inspections here, except for commercial.
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Maybe you want to run commercial...
Regardless I am interested in how this comes out. I suspect they will buy the vehicle back or bring it into compliance. Have you gotten an estimate from a GM dealer to 'repair' the emissions system? The sale of an illegally modified vehicle should make them forget about detail and any other make believe fees. Otherwise your attorney may have to charge them for the Federal Law education.
Deleted or not is a personal choice like speeding. The fine is a little higher as well as towing - if anyone cared. The main point is the OP, IMO, wasn't looking for a deleted truck.
Regardless I am interested in how this comes out. I suspect they will buy the vehicle back or bring it into compliance. Have you gotten an estimate from a GM dealer to 'repair' the emissions system? The sale of an illegally modified vehicle should make them forget about detail and any other make believe fees. Otherwise your attorney may have to charge them for the Federal Law education.
Deleted or not is a personal choice like speeding. The fine is a little higher as well as towing - if anyone cared. The main point is the OP, IMO, wasn't looking for a deleted truck.