Bought a brand new truck, bottom is heavily rusted. My rights?

Question

I just bought a brand new truck. I have owned it for 1 month now and noticed the whole underside is heavily rusted. I live in So. California, so there is no snow and no salted roads here. It isnt just surface rust, this is serious damage. I already spoke with the dealership a few times and some "big" manager wants to see it. I am told he make the decision whether they swap it out, or fix it.

The rust is bad enough in some areas that the metal is flaking off. It looks like 20 yrs of rust. There is also a lot of salt residue. The truck looks like it was salted and just sat to rot for several months. A friend told me it might have come from areas affected by hurricane katrina.

I made it clear to them that I do not want it fixed. The rust is really bad and I didnt pay lots of money on a truck just to have serious work done on it a month later. If they try and tell me they decided on fixing it, I plan on demanding a replacement.

What kind of rights do I have if it gets to this point?

Answer 1

first thing i would do is make atleast 3 copies of any and all paperwork you did and they gave you when you bought the truck, i would also take multiple photos of your truck. do all of this before you go to the dealership. and are you sure you bought it new? i would check at carfax.com and just check...also talk with your insurance company and get them to assign a lawer or go get a lawer to accompany you to the car dealers. the manager im sure will be diong whats in his best intrest and trying to resolve the matter fast doing anything to get you to belive him. a lawer will help you and tell him to screw himself on the deals for him...this is a bad situation, but check everything and makesure it doesnt say anything about it being "slightly" used or anything like that, cause that will get ya...good luck


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Answer 2

You can do an online search to see where your truck came from before it went to California. I can't remember what the website is called, but it goes by the VIN number on the truck and it costs about $20. I did it to find the history on my husband's last used truck. If it is indeed damaged and came from a flood zone and they didn't inform you, then you can make them replace the truck or I would think you could sue them for fraud.

Answer 3

I would suggest reviewing the California Lemon Law. I would also threaten to report the dealer to any automobile dealer association in CA, the Better Business Bureau, the State Attorney General's Office of Consumer Protection (check for the exact title for CA), etc.

There are many attorneys who specialize in this work. See, e.g., http://www.lemonlawspecialists.com/

Answer 4

if brand new meaning a 2006/7 truck yeah take pictures before you bring it to the dealer. if he plays the come back again game, say no, I paid good money, and i want it fixed today. if not get a lawyer and sue his rear off, you'd win hands down with damages!

Answer 5

Talk to a southern California attorney specializing in "Lemon Law" cases. (Call your local Bar Association for referrals)

Answer 6

I suggest talking to your insurance company, and ask them what your rights are. you could also seek legal aid.

Answer 7

Its called PRIMER!