Motion AutoSport or Falls Motor City They sold me a truck with undisclosed major rust damage. North Canton Ohio

I purchased a truck through this company via Ebay/online.  The dealer advertised the truck as "like new" and claimed that is had been owned by the Toyota Parts manager and claimed that the truck was a new as a 27k miles vehicle would be.  I asked about any rust or other possible issues.  They told me that the truck has some "browning", but no rust. I was very spesific about any rust and the salesmans and the owner claimed that the truck had gone through an inpsection and if any rust was evident, it would have been noted.  I saw the BBB logo on their webpage which aided me in making my decision.  Later I found out that BBB had revoked their priveledge, but they continue to keep the logo on their page.

I received the truck about three weeks later via a delivery service.  I immediately took the truck to get it emmisioned and registered. About two miles from my home, the truck's AC broke. I then took it to a dealer who inspected the truck and found that the AC compressor was broken, but the worst of it was the udnerbody had extensive rust and damage. I then took it to tow other dealers for comfirmation.  One was the Toyota dealership who also confirmed the rust damage, then to a collision and restoration specialist whom also confirmed,  All three dealers told me that the truck was probalby a flood truck or at the very least sitting in snow the entire time.  Extensive rust damage so severe that the integrity of the truck was compromised. That the truck would not be safe in a collision.  They also showed me places where someone had sprayed the underbody with black paint in an attempt to hide the rust.  That the truck would continue to have repairs problems. They all three told me to return the truck to the seller.  Toyota also told me that they would not even allow me to trade the truck in as they would not be able to even sell it at an aution.

Within 1 hour of finding out about the damage to this truck, I called Brett and told him about the situation.  I told him that the AC compressor needed to be replaces, all the tires were cracked and needed to be replaced and also about the rust damage. He claimed that the rust was "normal" for the NE.  I reminded him that he sold me a truck that had not rust, working AC and good tires.  He claimed "as is" means "as is".

After a few days of pleading and negotiating, Brett agreed that I could return the truck as long as I paid for the return shipping, agree not to get any dealer fees or taxes back.  Under duress, I agreed to his terms because I had a choice to lose $27,000 or $4000.  So of course, I chose the lesser amount.

I returned the truck along with an AZ tax amendment form for him to fill out for the return of the taxes paid.  He later told me that he filled out the paper and sent it to Arizona. I have still not received the taxes I paid on that truck.  Arizona sent him the refund and in turn he is suppose to send it to me.  He did, however, refund me the purchase price of the truck and tells me that I should be happy that he at least did that.

 Dealers statements about a product that you rely on as part of deciding whether or not to purchase a product constitute an express warranty that the dealer breaches if the promise turns out to be a lie.  Even if a seller has you sign a contract with an "as is" statement that disclaims all warrantites - -because an "as is " statement does not disclaim an express warranty if one is made. 

The bottom line is that I would never have purchased this truck if the dealer had told me that the truck even had a small amount of rust on it.  The dealer can not claim he did not know about the rust because someone has sprayed black paint on the rust in order to hide the extent of the damage.  A responsilbe dealer would not hide behind the "as is" clause.  A responsible dealer would not sell such a vehicle without disclosing this kind of damage.

I have asked the dealer to refund the taxes and all dealer fees, plus all my shipping fees.  He refused to do so and possible took the refund from the state of AZ as he has not sent me the refund for the taxes paid.