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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116153
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I purchased a used toyota 2000 4 runner. exactly 13

Customer Question

hello i purchased a used toyota 2000 4 runner. exactly 13 months ago
we did finance this through dealer at wells fargo bank , i also happen to bank there
at a new and used car dealership , IN OREGON
now we recently was told by another dealer the actual toyota dealer
that we would have to replace the timing belt and the water pump $1.000
since the water pump was vibrating and probably have to replace both
the dealer that sold us assured us that these were changed , the the previous owner said so and they knew it was done
at the appox 80,000 miles and we now only have 144,00 miles we purchades at 137,000
however worst then that the vechile, sunday this week started smoking
and the alarm went off doors and windows wouldnt work lites went crazy
took this to toyota dealer ,
and have no been told its the electric harness and thats cost is over $3200 to $4,000
we only paid $7,000 for the vechile
and have put approx 7,000 miles on in in 13 months mostly local driving
and now still liable for 23 more months of payment at $259.00 and no vechile
to use at all.
joanna grimes ***@******.***
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Under Oregon law, the purchase of a used vehicle is considered to be as is. In an as is purchase, the courts hold the liability for any repairs or hidden defects are on the buyer and not the seller, unless the buyer received a written warranty. The courts use the phrase "caveat emptor" or "buyer beware" when dealing with used car purchases. Unless you received a written warranty for the purchase, I am afraid the courts hold that in the purchase of a used product, things break from wear and tear and that is not the liability of the seller. Even though they said they replaced the water pump and or timing belt had been changed at 80,000 miles, you have another approximately 60,000 miles on the vehicle and that would not be liability of the seller I am sorry to say. This is something that people who buy used vehicles without written warranties risk when they do so I am afraid. In order to hold the dealer liable under any common law implied warranty, you have to be able to prove that the defect was known to the dealer at the time of the sale and existed at the time of the sale and 13 months later I am afraid that would virtually be impossible to prove.